Conciliation Court (Small Claims) Forms

Conciliation court (commonly called “small claims court”) is a simplified court process for resolving disputes involving $20,000 or less. The process is designed to be accessible to people without attorneys – in fact, attorneys are generally not allowed to participate unless both parties agree. All forms link to the official Minnesota courts website.

Before You File

Where to file: File in the county where the other party lives, where the business is located, or where the incident occurred. Contact your county’s court administration office for filing instructions and current fees.

Claim limit: $20,000 maximum. If your claim exceeds $20,000, you must either reduce your claim to $20,000 (waiving the excess) or file in district court.

Filing fee: Varies by county and claim amount, typically $50 to $90.

Fee waiver: If you cannot afford the filing fee, you can apply for a fee waiver (In Forma Pauperis application).

Before filing, consider: Did you send a demand letter to the other party? While not always required, judges often ask whether you tried to resolve the dispute before filing. A demand letter also shows the court you are organized and serious.

Starting a Claim

Statement of Claim (Conciliation Court Claim Form)

Download from mncourts.gov

This is the form used to start a conciliation court case. You will need to provide:

• Your full legal name and address (the “claimant” or “plaintiff”)
• The other party’s full legal name and address (the “respondent” or “defendant”). You must use their legal name, not a nickname. For a business, use the business’s legal name.
• A clear description of your claim: What happened, when it happened, and why the other party owes you money
• The dollar amount you are claiming and how you calculated it
• Supporting facts – a brief, factual summary of the dispute

Affidavit of Identification

Download from mncourts.gov

May be required to verify the identity and address of the person or business you are suing. This is especially important when suing a business that may be operating under a different name than its legal name.

Responding to a Claim

Counterclaim Form

Download from mncourts.gov

If someone has filed a conciliation court claim against you and you believe they owe you money, you can file a counterclaim. Key points:

• The counterclaim must be filed before the hearing
• There is a filing fee for the counterclaim (similar to the original claim fee)
• The counterclaim is heard at the same hearing as the original claim
• Your counterclaim can exceed the amount of the original claim, up to the $20,000 limit

The Hearing

What to Expect

The hearing is informal compared to other court proceedings. Here is what typically happens:

1. Check in with the court clerk when you arrive
2. Mediation may be offered – many counties offer free mediation before the hearing. This is a chance to negotiate a resolution with the other party, with a neutral mediator’s help
3. If mediation fails or is declined, the case goes before a judge or referee
4. Each side presents their case. The claimant goes first, then the respondent. Each side can present evidence and witnesses
5. The judge asks questions and may ask for clarification
6. The judge issues a decision, either at the hearing or by mail within a few days

How to Prepare for Your Hearing

Organize your evidence. Bring:

• Copies of contracts, invoices, receipts, and estimates
• Photos or videos of damaged property
• Written communications (letters, emails, text messages)
• The demand letter you sent and any response
• Any other documents that support your case
• Witnesses who can testify about what happened

Prepare your presentation. Be ready to tell the judge:

1. What happened, in chronological order
2. What agreement or obligation existed
3. How the other party failed to meet their obligation
4. What your damages are and how you calculated them

Bring copies for the judge and the other party. Make at least three copies of all documents – one for the judge, one for the other party, and one for yourself.

After the Hearing

Demand for Removal (Appeal to District Court)

Download from mncourts.gov

If you disagree with the conciliation court judgment, either party can “remove” the case to district court for a new trial. Important rules:

• Must be filed within 20 days of the judgment
• Removal fee is approximately $250 to $400 (varies by county)
• The case starts over in district court – it is a completely new trial, not a review of the conciliation court decision
• Attorneys are allowed in district court (and strongly recommended)
• If the party who removes the case does not improve their position by at least 10% in district court, they may be required to pay the other party’s costs

Satisfaction of Judgment

Download from mncourts.gov

Filed when the judgment has been paid in full. This clears the judgment from court records and is important for both parties:

• The judgment creditor (winner) should file this promptly after receiving full payment
• The judgment debtor (loser) should request that the creditor file it once payment is made
• An unsatisfied judgment can affect the debtor’s credit and ability to rent housing

Collecting a Judgment

Winning a judgment does not guarantee you will be paid. Collecting a judgment can be challenging. Minnesota provides several tools for judgment creditors.

Disclosure Hearing (Debtor Examination)

Download from mncourts.gov

If the other party has not paid the judgment, you can request a disclosure hearing. At this hearing:

• The debtor must appear in court
• The debtor must answer questions under oath about their income, assets, bank accounts, and property
• You can use this information to determine the best method of collection
• If the debtor fails to appear, the court can issue a contempt order or bench warrant

Garnishment (Wage Garnishment)

After obtaining a judgment, you can garnish the debtor’s wages. Minnesota limits the amount that can be garnished from wages to the lesser of:

• 25% of disposable earnings, or
• The amount by which weekly disposable earnings exceed 40 times the federal minimum wage

( Minn. Stat. § 571.922 )

Writ of Execution (Property Seizure)

Download from mncourts.gov

Authorizes a sheriff to seize the debtor’s non-exempt property to satisfy an unpaid judgment. Used as a last resort when the debtor will not pay voluntarily. Note: many types of property are exempt from seizure under Minnesota law ( Minn. Stat. § 550.37 ), including:

• The debtor’s homestead (up to certain limits)
• Necessary clothing and household goods
• One motor vehicle (up to $4,800 in value)
• Tools of the debtor’s trade
• Public benefits and pensions

Bank Levy

You can obtain a court order to levy (seize) funds in the debtor’s bank account. You must identify the bank and branch where the debtor has accounts.

Judgment Lien on Real Property

A conciliation court judgment can be docketed in district court to create a lien on the debtor’s real property. This means the judgment must be paid when the property is sold or refinanced.

Common Types of Conciliation Court Cases

Common Mistakes to Avoid

1. Not sending a demand letter first. Judges frequently ask if you tried to resolve the dispute before filing. Sending a demand letter strengthens your case.
2. Suing the wrong party. Make sure you have the correct legal name. If you sue “John’s Auto Shop” but the legal business name is “John Smith, sole proprietor,” the court may not be able to enter a valid judgment.
3. Not bringing enough evidence. You cannot just tell the judge what happened – you need to show proof. Bring documents, photos, receipts, estimates, and witnesses.
4. Bringing too many witnesses. One or two credible witnesses are usually sufficient. Quality over quantity.
5. Being emotional instead of factual. Judges want facts and evidence. Save the emotions for after the hearing.
6. Not preparing a damages calculation. Show the judge exactly how you arrived at the amount you are claiming, with supporting documentation.
7. Assuming winning means getting paid. Collecting a judgment is a separate process. Be prepared to use the collection tools described above.
8. Missing the 20-day removal window. If you want to appeal to district court, you must file within 20 days. This deadline is strict.

Additional Resources

• Minnesota Judicial Branch - All Conciliation Court Forms
• Minnesota Judicial Branch - Conciliation Court Help
• Minnesota Judicial Branch - Find Courts – find your county court’s contact information

Small Claims Court (Conciliation Court) in Minnesota