Consumer's Guide to Conciliation Courts in Minnesota

• NCJ Number: 74960
• Author(s): W Spannaus
• Date Published: 1980
• Length: 6 pages
• Corporate Author: Minnesota Office of the Attorney General
• Sale Source: Minnesota Office of the Attorney General
• Language: English
• Country: United States of America

Annotation

The purpose of conciliation courts in Minnesota is discussed, and filing, trial, and related court procedures for consumers using the courts are described.

Abstract

Conciliation courts are designed to provide any person or company with a fast, easy, and inexpensive way to sue any other person or company for relatively small amounts of money. The basis of the lawsuit might be overcharging, misrepresentation of services rendered, fraud, personal injury, property damage, or nonpayment of rent or other obligations. The maximum amount for which lawsuits may be filed in all Minnesota counties is $1,000. The cost of filing in conciliation court is usually between $3 and $5. Losing defendants must pay all court costs. Representation by an attorney is not required. The plaintiff may file suit in the county where the defendant lives or does business. Some courts allow filing in the county where the incident occurred. The full name and address of the defendant should be obtained before going to conciliation court to file. In addition, a summary of the incident should be prepared to facilitate form completion. Once the filing form is completed, it is signed in the presence of a notary public. A summons is then prepared and mailed to the defendant's address. The defendant must be given 10-day notice before trial. After the summons and before trial, the plaintiff will have from 1 to 2 months to prepare the case. Continuances may be granted by the judge, and settlement out of court is possible. Either a judge or a court-appointed referee will hear the case, and on the day following the appearance in court, a notice of judgment is sent to all concerned parties. The decision becomes effective 10 days after issuance, provided new evidence is not presented. If the losing party has not paid the judgment by the end of the 10-day stay period, the prevailing party may take action to collect judgment, such as obtaining a writ of execution. Usually, the execution by the sheriff in the defendant's county is effective in satisfying the judgment.