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Conciliation Court
What is Conciliation Court?
Formerly known as Small Claims Court,
this is a less formal proceeding to collect on claims of less than
$7,500. Generally, the types of cases heard are personal injury,
property damage, bad (dishonored) checks and nonpayment for goods and
services. Claims involving
real estate title are not heard in Conciliation Court.
Who May Sue or be Sued?
Anyone over the age of 18, a company, a
government agency or an organization.
No attorneys are allowed to represent parties except by special
permission of the court.
Where Do I File a Claim?
Generally the claim must be filed where
the defendant resides, or if the defendant is a business, then
where the affected business/branch office is located.
Ask clerks in Court Administration about the exceptions to this
rule.
What is the filing fee?
In addition to the Conciliation Filing
Fee listed on the Filing Fees Schedule,
there may be other
fees for service of process, for subpoenas or for photocopying.
Preparing for your
Hearing
- Prepare
even before knowing you will have to sue.
Keep a file of receipts, letters, photos, records; anything
that might one day become proof.
In court, speaking from memory is not convincing without some
other evidence.
- Properly
file your claim. Ask
court staff any questions you have about the conciliation claim
form. Make sure
you have the complete name and address of the person you are suing.
- Prepare
for the hearing. In
advance, organize your arguments and the evidence which supports
them. Start with a
quick summary of your key points.
Then present each item of evidence.
Explain how each item supports one of your key points.
Bring copies of exhibits for the other party and the court.
Original documents are kept in the court’s file.
- Make
sure you bring the witnesses you need.
If any witness will help your case, ask them to come to court
with you. If any
witness will not agree to come, ask court staff about getting a
subpoena to require them to appear.
There will be a fee for the subpoena, plus you will have to
pay the prospective witness some fees.
A signed affidavit is not the same as a live witness and
might not be considered by the judge.
- Don’t
rely on how well you can argue.
Remember that your opponent has had time to prepare, too.
Don’t be surprised if they sound very convincing.
You need more than arguments to beat them; you need evidence. Act professionally. Court is not the place to make
personal attacks against the other party.
State your position clearly and concisely.
Writing down points you want to make can be helpful.
Show respect for the court and the other people.
- Don’t
leave anything you might need at home.
Bring it, even if it’s something you might not use.
It’s better to be prepared with too much proof than too
little.
The Minnesota Judicial Branch web site has
Conciliation / Small Claims Court Forms available for downloading. |