Small Claims Court in Hennepin County

In Hennepin County, MN small claims cases are filed in District Court. Hennepin County has one District Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Hennepin Court System.

Small Claims

In Hennepin County, Minnesota; the Conciliation Court, often called "small claims" court, is designed to handle cases with simpler procedures, making it easier for people to resolve disputes without getting bogged down by complex legal steps.

In Conciliation Court, you can file a claim for up to $20,000, or $4,000 if it's related to consumer credit. These limits apply before considering the court filing fee (see “What is the fee to file in Conciliation Court?” below).

Claims exceeding $20,000 won't be accepted by Court Administration. If your claim is over this amount, you can reduce it to fit within the limit of the Conciliation Court, but you can't seek additional compensation later through a separate claim or by breaking it into smaller claims, even if they involve the same issue.

It's important to note that winning your case doesn't automatically mean you'll get paid. You'll need to take on the responsibility of collecting the money from the other party yourself. The court doesn't handle this for you, and getting your judgment paid might involve additional costs and effort on your part.

Cases Handled in Small Claims Court

In Conciliation Court, you can typically file claims for out-of-pocket expenses and the return of property. For example, you can seek compensation for things like:

• Security deposits
• Property damage
• Returning pets
• Recovering a seized vehicle or other property

However, there are some claims you can't file in Conciliation Court, including:

• Title disputes for real estate
• Libel or slander cases
• Medical malpractice
• Claims against deceased individuals
• Requests for injunctions

For a full list of allowed and disallowed claims, refer to Minn. Stat. § 491A.01.

Where to File

Typically, you should file a Conciliation Court claim in the county where the defendant lives or does business. If the defendant is a corporation, you can also file in the county where the corporation's main office or branch office is located. For details on business locations, you might need to contact the MN Secretary of State.

There are a couple of exceptions to this rule:

• For cases involving "bad checks," you should file your claim in the District Court of the county where the checks were written.
• For landlord-tenant disputes, the claim can be filed in the District Court of the county where the rental property is situated.

Do I need a Lawyer?

In both Conciliation Court and District Court, individuals have the option to represent themselves or be represented by a lawyer. However, if you're an individual, you cannot be represented by a non-lawyer.

For businesses or associations, a non-lawyer, such as an officer or manager, can represent the business in Conciliation Court by filing a Power of Attorney for Conciliation Court (see Minn. Stat. § 491A.02, subd.4). However, if a business wants to appeal a Conciliation Court judgment to District Court, it must be represented by a lawyer. This includes having a lawyer sign the appeal paperwork, as outlined in the "Advisory Committee Comment" to Rule 521 of the General Rules of Practice for District Courts (Tit.VI).

Conciliation Court

To file a claim in Conciliation Court, you can start the process in a few ways:

1. Use Minnesota Guide & File: This tool will help you generate the necessary forms. You can learn more by visiting the Guide & File Help Topic.
2. Download the Forms: You can download the Statement of Claim and Summons form from the court’s website.
3. Visit Your Local Courthouse: Pick up the paperwork directly from your nearest courthouse.

When filling out the Statement of Claim and Summons, you’ll need the following:

• Your name and address
• The name and address of the defendant (home address if it's a person; principal business address if it's a business)
• The amount of your claim
• The legal reason for your claim and the date it occurred

Once the form is complete, sign it and file it with the court. You’ll also need to pay a filing fee at the time of submission. For more details on fees and possible waivers, refer to the court’s guidelines.

Conciliation Court Fees

For Conciliation Court appeals and filings, the fees are as follows:

• Aggrieved Party Appeal: $285.00
  • Breakdown: Base Fee $285
  • Authority: Minn. Stat. § 357.021, subd. 2(1), 134A.09, 134A.10, and Conciliation Court Rule 521.b
• Aggrieved Party Appeal by Jury: $385.00
  • Breakdown: Base Fee $285 + Jury Trial Fee $100
  • Authority: Minn. Stat. § 357.021, subd. 2(1), 134A.09, 134A.10, and Conciliation Court Rule 521.b
• First Paper Filed by Plaintiff / Petitioner and Defendant / Respondent: $65.00
  • Breakdown: Base Fee $65

If you're unable to afford the filing fee due to low income, you can request a fee waiver by completing and submitting an Affidavit of Inability to Pay Conciliation Court Filing Fee form along with your claim.

Keep in mind that there may be additional costs. For instance, if you choose to file your forms electronically, there’s an extra $5 fee.

According to Rule 506 of the General Rules of Practice, if you win your case, the filing fee you paid will be added to the amount of your claim. When you collect on the judgment, you must then pay that filing fee to the court administrator.

Serve the Defendant

For claims under $2,500, the Court Administrator's office will serve the defendant by first-class mail with the date and time of the hearing. You will also receive a Notice of Hearing detailing when the hearing will take place.

For claims over $2,500, or if service by mail isn't successful, the Court Administrator will provide you with a Notice of Hearing and instructions on how to arrange service. You'll generally need to serve the defendant with copies of both the Statement of Claim and Summons, as well as the Notice of Hearing. Once service is complete, the person who served the paperwork must fill out an Affidavit of Service, which must be filed with the court either within 60 days of the summons being issued or before your court date, whichever comes first.

Counterclaim

If you’ve been served with a Statement of Claim and Summons and disagree with the plaintiff's claim, you can simply show up at the hearing to present your case without needing to file anything beforehand. However, if you believe the plaintiff owes you money or should return property to you, you might want to file a counterclaim.

A counterclaim usually relates to the same circumstances as the plaintiff’s claim but can involve different circumstances as well. If you're unsure whether to file a counterclaim or start a new claim, it's a good idea to seek legal advice.

You can download the Statement of Counterclaim and Summons form online or get it from your local courthouse. The counterclaim must be filed, and the filing fee (or a fee waiver request) submitted, at least 7 days before the hearing.

You don't need to serve your counterclaim on the plaintiff. The Court Administrator will notify the plaintiff that you've filed a counterclaim, and it will be addressed during the same hearing as the original claim.

If your counterclaim exceeds $20,000, you have two options: you can reduce the amount of your claim to fit within the $20,000 limit of Conciliation Court, or you can have both the claim and counterclaim heard in District Court.

To move the case to District Court, you'll need to file an affidavit with Conciliation Court at least 7 days before the hearing. Rule 510(a) of the General Rules of Practice outlines what should be included in the affidavit, though the MN Judicial Branch does not provide a specific form for this.

Fees for Small Claim

Here are the fees for Conciliation Court:

• Aggrieved Party Appeal: $285.00 (Base Fee)
  • Authorization: Minn. Stat. § 357.021, subd. 2(1), 134A.09, 134A.10, Conciliation Court Rule 521.b
• Aggrieved Party Appeal by Jury: $385.00 (Base Fee $285 + Jury Trial Fee $100)
  • Authorization: Minn. Stat. § 357.021, subd. 2(1), 134A.09, 134A.10, Conciliation Court Rule 521.b
• Plaintiff/Petitioner and Defendant/Respondent - First Paper Filed: $65.00 (Base Fee)
  • Authorization: Minn. Stat. § 357.022, 134A.09, 134A.10

Reschedule Court Date

If you need to request a rescheduling of your court date (known as a continuance), your request must be submitted in writing and filed at least 5 days before the scheduled court date. You may also be required to pay up to $50 before a new court date is granted. Keep in mind that each party is allowed to request a new court date only once.

Subpoena

You can request a subpoena from the court administration to either require a witness to appear at a hearing or to obtain documents. Each subpoena comes with a fee, but if you are unable to afford it, you can ask for a waiver by completing and filing an Affidavit for Proceeding In Forma Pauperis, along with a Supplemental Affidavit for each subpoena you request.

Settlement

If you've filed a claim but reached a settlement with the other party, you need to notify the court administration in writing. One way to do this is by filing a Notice of Settlement and Dismissal form. This will dismiss your case before the hearing without including a detailed settlement agreement in the case record.

Alternatively, if you prefer to have an enforceable settlement on record, you can file a Settlement Agreement and Order. This form, signed by both parties, outlines the terms of the settlement (e.g., the defendant agrees to pay a specific amount by a certain date). The settlement agreement must be approved by the judge at your scheduled hearing.

If other party violates a written agreement

If the judge approves a signed Settlement Agreement and Order during your court hearing, the agreement or court order often includes language allowing the court to enter a judgment without another hearing if either party violates the agreement. If your agreement or order includes this provision and the other party does not follow the terms, you can fill out and file an Affidavit of Noncompliance. This affidavit explains to the court how the agreement was violated and requests the court to enter a judgment instead of holding another hearing. For more details, consult the instructions that accompany the affidavit.

Hearing

At the hearing, both you and the defendant will appear before a judge or referee, either in person or remotely. The judge may encourage you to reach a settlement. As the plaintiff, you will present your case first. All parties and witnesses will testify under oath.

You can use notes you’ve prepared to help explain how you calculated the damages you are claiming. Be sure to present evidence supporting your claim, such as receipts, repair bills, estimates, and other relevant documents.

When it's the defendant’s turn to speak, avoid interrupting them. If you disagree with something they say, ask the judge if you can respond. The judge may also ask questions of you, the defendant, or any witnesses present at the hearing.

After the Hearing

The judge or referee may not make a decision on your claim immediately during the hearing. Court administration will notify all parties of the decision (known as an order) after the hearing.

Remember, a Conciliation Court judgment does not become effective until 24 days after the order is mailed (or 21 days if sent electronically). This waiting period allows time for any party to appeal or request to vacate a default judgment. The order will specify the last day of this 24-day period.

If you do not appear the hearing

All parties are required to attend the hearing. If you fail to appear, the judge may dismiss your claim or counterclaim, or issue a "default" judgment against you. If neither party shows up, the judge may dismiss the case, or court administration may remove it from the calendar.

Ask the court for a new hearing

If you missed the hearing and the judge dismissed your claim or awarded a judgment to the other party, you can request the judge to vacate the order and schedule a new court date so you can present your case. To do this, you need to complete and file the Affidavit and Order Vacating Order for Judgment and Granting New Trial with the court.

The judge's order will not take effect until 24 days after you receive notice of the judgment (or 21 days if it is sent electronically). The court administrator will provide the exact date in the notice. If the deadline specified in the judge's order has not yet passed, you should follow Minn. Gen. R. Prac. 520(a). You must file the Affidavit before this deadline.

If the deadline has passed, Minn. Gen. R. Prac. 520(b) requires you to file a motion with the court within a “reasonable” time after learning of the judgment. The judge will determine if the time period is reasonable. You must serve a copy of your motion to all parties and file the motion and Affidavit of Service with court administration.

There are specific reasons outlined in the rule for why the judge might grant your request to vacate the order and schedule a new hearing. If you're unsure how to present your case effectively, consulting a lawyer is advisable.

If your request for a new hearing is granted, the judge may require a fee to reopen the case. This fee must be paid before the judgment can be vacated and a new court date can be set. Once a new date is scheduled, court administration will notify all parties.

Appeal

If you disagree with the decision from Conciliation Court, you can appeal by filing a Demand for Removal/Appeal from Conciliation Court, which will transfer the case to District Court for a new trial (see Minn. Gen. R. Prac. 521).

In District Court, you can request that your appeal be decided by either a judge or a jury. Note that choosing a jury trial will involve additional fees.

The Rules of Civil Procedure apply in District Court, which is generally more formal and complex than Conciliation Court. Given the complexity of appeals, it's advisable to seek assistance from a lawyer, as court staff cannot provide legal advice or help with preparing your appeal.

Important: You can only appeal a Conciliation Court judgment if both parties attended the hearing and there was a trial. You cannot appeal if the judge issued a default judgment or if you did not attend the hearing. In such cases, you should request the court to vacate the judgment and set a new hearing instead (see “Can I ask the court for a new hearing if I missed my court date?”).

Conciliation Court Appeal

When you file an appeal from Conciliation Court to District Court, the case is effectively started over from scratch. Appeals are more complex, formal, and can take longer than Conciliation Court proceedings. They are governed by the Rules of Civil Procedure.

Be prepared to fully present your case, including having your witnesses ready to testify and all your evidence available. You may also need to subpoena your witnesses again for the District Court trial.

Change a Claim on Appeal to a District Court

After your case is removed to District Court, you have 30 days to amend your claim or counterclaim. Within this period, you must serve the other party with a formal complaint and file it with the court, along with an Affidavit of Service. For details, refer to Minn. Gen. R. Prac. 522.

When you file an appeal to District Court, you'll need to pay the initial civil filing fee along with your appeal paperwork. If you cannot afford these fees, you can request a fee waiver by completing the appropriate forms. For more information, refer to the Fee Waiver (IFP) Help Topic.

If you appeal and do not win, you might be required to pay the other party $50 as "costs," according to Minn. Gen. R. Prac. 524.

You can appeal your case to the Minnesota Court of Appeals after a District Court decision. However, keep in mind that the procedures and rules for the Court of Appeals are different from those in District Court and Conciliation Court. Notably, you cannot introduce new evidence in the Court of Appeals; the appeal is based on the existing record from the lower courts.

Collect Judgment

To begin collecting a judgment, you first need to have it "docketed," which is also known as "transcribing the judgment." You can docket the judgment by filing an Affidavit of Identification of Judgment Debtor form with court administration in the county where the judgment was awarded. There will be a fee for this process.

Interest on the judgment amount will start accruing from the date the judgment was entered and is automatically calculated by the court.

Important: Winning a case in Conciliation Court does not guarantee you will receive payment. It is your responsibility to collect the judgment from the other party, as the court does not handle the payment collection for you. Collecting a judgment can be challenging and may involve additional out-of-pocket expenses for filing fees and other costs.

Courthouse Locations:

Hennepin County District Court

Hennepin County Government Center 300 S 6th St, Room C-100\ Minneapolis, MN 55487
(612) 348-2040
https://www.mncourts.gov/

BUILDING HOURS

• Monday - Friday 8:00AM - 4:30PM, except court holidays.

Let Squabble Help You With Your Small Claim at Hennepin County

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