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Minnesota Small Claims Court

Small Claims Guide
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In Minnesota, Small Claims is known as Conciliation Court.

Statues: Minnesota Statues Annotated, Judiciary Statutes, Ch. 491A, Sections 1-3; Rules for the Conciliation Court, Rules 1.01-1.26. Rules for Minnesota General Practice 501-525.

Dollar Limit:: $7,500 ($4,000 in cases involving commercial consumer credit transaction). Where to Sue: Where defendant resides or where injury or property damage occurred. Corporation resides where it does business or has a resident agent.

Service: First class mail (certified mail if claim is over $2,500), sheriff or court-approved adult.

Attorneys: Not allowed except with court's permission; required for corporations.

Transfer: By either side on jury demand or if defendant counterclaims for more than $3,500, case tried under regular civil procedure of County Court.

Appeals: By either side for new trial; to regular division of County Court within 20 days. (Jury trial permitted upon appeal).

Special Provisions: No cases involving ownership of real estate. No jury trial. No pre-trial attachments or garnishments. Court may order installment payments. Defendant must file counterclaim within 5 days of the trial date. If defendant counterclaims over jurisdictional limit and files in an other court, clerk will strike the Small Claims case from calendar. Educational institution may bring actions to recover student loans, even though defendant is not a county resident.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 12 2008

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