Minnesota Small Claims Forms - How Do I File Small Claims

Minnesota Small Claims Court FAQ Conciliation Court

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Minnesota Small Claims Court Forms

  • What can you not sue for in small claims court?

    Certain claims cannot be filed in small claims court, including cases involving specific types of complex matters like divorce or personal injury claims. You also cannot sue for amounts that exceed the small claims limit. Understanding the restrictions helps ensure you properly use Minnesota Small Claims Forms for eligible claims. Make sure to consult resources to clarify any questions about your specific situation.

  • Is it worth getting a lawyer for small claims court?

    In most small claims cases, hiring a lawyer is not necessary; the process is usually straightforward. However, if you're unsure about the Minnesota Small Claims Forms or the legal process, consulting a lawyer might be beneficial. They can provide valuable insights and assist with complex issues. Ultimately, weigh the potential benefits against the costs involved.

  • Do you need an attorney for small claims court in MN?

    You do not need an attorney to represent you in small claims court in Minnesota; this court is designed to be accessible for everyone. Many individuals successfully use Minnesota Small Claims Forms to represent themselves. However, if your case is complex, having legal guidance could enhance your chances of success. Ultimately, it is your choice whether to seek legal advice.

  • How does small claims court work in Minnesota?

    In Minnesota, small claims court hears disputes involving limited amounts, typically up to $15,000. You start by filing the necessary Minnesota Small Claims Forms with the court, detailing your claim. After filing, both parties receive a notice of the hearing date. During the hearing, each party presents their case, and the judge makes a decision based on the evidence provided.

  • Who pays lawyer fees in small claims court?

    Typically, in small claims court, each party is responsible for their own lawyer fees. This means that even if your case involves Minnesota Small Claims Forms, you cannot usually recover those fees from the other party. However, it is important to review the specifics of your case, as some exceptions may apply. Utilizing Minnesota small claims forms allows you to represent yourself easily in many situations, reducing additional costs.

  • What is the small claims limit in Minnesota?

    In Minnesota, the small claims limit is $15,000. This means that if you need to resolve a dispute involving a smaller amount, you can do so efficiently using Minnesota Small Claims Forms. Keeping this limit in mind helps you determine whether small claims court is the right option for you. Remember, using these forms simplifies the process of claiming what you are owed.

  • What personal property can be seized in a judgment in Minnesota?

    In Minnesota, certain personal properties can be seized to satisfy a judgment, but there are limits and exemptions. Commonly seized items may include vehicles or valuable collectibles, while essential household items are typically protected. Knowing your rights and utilizing Minnesota Small Claims Forms can help you navigate this process effectively.

  • How difficult is it to collect a judgment?

    Collecting a judgment can be somewhat challenging, especially if the debtor is uncooperative. You may need to explore different collection methods, which can require time and effort. Nevertheless, having the right tools, such as Minnesota Small Claims Forms, can simplify the collection process and make it more manageable.

  • How do I collect a small claims judgment in Minnesota?

    After winning your small claims case, you may need to take additional steps to collect your judgment. You can use various methods, such as wage garnishment or bank levies, under Minnesota law. Utilizing Minnesota Small Claims Forms can provide the necessary documentation and processes to assist you in this collection phase.

  • How long do you have to file a lawsuit in Minnesota?

    In Minnesota, you generally have six years to file a lawsuit for most small claims. However, specific types of claims may have different time limits, so it's essential to check the relevant statutes. Using Minnesota Small Claims Forms can help guide you through the process and ensure you meet the deadline.