I Was Served Papers — What to Do Next

Your deadline: 20 days from the date you were personally served (30 days if served by publication or by mail outside Minnesota). See Minn. R. Civ. P. 12.01.

What this means: Someone is suing you in district court. The Summons tells you that a lawsuit has been filed. The Complaint explains what they claim you did and what they want (usually money).

If you do nothing: The court can enter a default judgment against you for the full amount requested — plus interest, costs, and attorney fees. The other side can then garnish your wages, freeze your bank account, or put a lien on your property. See Minn. Stat. § .

Your first steps:

1. Read the papers carefully. Note the court, case number, who is suing you, and the deadline.
2. File a written Answer with the court before your deadline. Your Answer is your chance to tell your side. If you deny the claims, explain why.
3. Serve a copy of your Answer on the other side’s attorney (or on them directly if they have no attorney).
4. Contact legal aid if you cannot afford an attorney — find free legal help.

Related guide: Debt Defense Guide | Contract Disputes

Your deadline: Appear at the hearing listed on the summons. In most cases, the hearing is set 7 to 14 days after service. Under §504B.321, you must be served at least 7 days before the hearing.

What this means: Your landlord is asking the court to remove you from the property. The Complaint explains why — nonpayment of rent, lease violation, or holdover after the lease ended.

If you do nothing: The court will likely issue a Writ of Recovery allowing the sheriff to physically remove you from the property, usually within 24 hours of the order. You may also owe back rent, damages, and attorney fees.

Your first steps:

1. Show up at the hearing. This is the most important thing you can do. If you appear, the court must hear your side.
2. Bring evidence — your lease, rent receipts, photos of conditions, any texts or emails with your landlord.
3. Call HOME Line at 612-728-5767 — they provide free legal advice to tenants.
4. Ask for a continuance if you need more time to find a lawyer.

Related guide: Eviction Defense Guide

Your deadline: 30 days from the date you were served to file an Answer. See §518.11.

What this means: Your spouse (or the other parent) has filed for divorce, legal separation, or a change in custody/parenting time. The Petition describes what they are asking for — division of property, spousal maintenance, custody, child support.

If you do nothing: The court can grant the divorce and make all decisions about property, custody, and support based only on what the other side requested. You lose your chance to ask for different terms.

Your first steps:

1. Read the Petition carefully. Note what they are asking for — especially regarding children, the house, and debts.
2. File an Answer within 30 days. You can agree with some parts and disagree with others. You can also file a Counter-Petition asking for what you want.
3. Do not move out, hide assets, or restrict the other parent’s access to the children unless there is a safety concern. Courts look unfavorably on these actions.
4. Contact a family law attorney or legal aid — find free legal help.

Related guides: Divorce Guide | Child Custody Guide | Child Support Guide

Your deadline: A hearing will be scheduled within 7 to 14 days. The exact date and time will be on the papers. A temporary (ex parte) order may already be in effect. See §518B.01.

What this means: Someone you have a relationship with (spouse, partner, family member, household member) is asking the court to order you to stay away from them. If a temporary order was granted, it is already in effect — you must follow it immediately, even before the hearing.

If you do nothing: The temporary order becomes a full Order for Protection lasting up to 2 years. Violating an OFP is a criminal offense — misdemeanor for the first violation, potential felony for repeat violations.

Your first steps:

1. Follow the temporary order immediately if one was issued. Do not contact the petitioner, go to their home, or go to places the order says you cannot go.
2. Attend the hearing. You have the right to tell the court your side and present evidence.
3. Get a lawyer if possible. An OFP can affect custody, housing, and gun ownership.
4. Bring evidence and witnesses that support your position.

Related guide: Orders for Protection Guide

Your deadline: If a temporary HRO was granted, it is effective immediately. You can request a hearing within 20 days of being served to contest it. See §609.748 subd. 4.

What this means: Someone is asking the court to order you to stop contacting or harassing them. Unlike an OFP, an HRO does not require a domestic relationship — anyone can file one. A single incident of physical assault or repeated unwanted contact can be enough.

If you do nothing: The temporary HRO becomes a full restraining order lasting up to 2 years (up to 50 years for repeat harassment). Violating an HRO is a criminal offense.

Your first steps:

1. Follow the temporary order immediately if one was issued.
2. If you want to contest it, file a written request for a hearing within 20 days of service. The court must then schedule a hearing.
3. If you do not request a hearing, the temporary order becomes permanent for the duration ordered.
4. Attend the hearing if one is scheduled, and bring evidence supporting your position.

Related guide: Harassment Restraining Orders Guide

Your deadline: 10 days to file an exemption claim after you receive the garnishment notice. See §571.72.

What this means: Someone who already has a court judgment against you is now trying to collect. A garnishment summons is served on your bank or employer, ordering them to turn over your money or wages to the creditor.

If you do nothing: Your wages will be garnished (up to 25% of disposable earnings) or your bank account will be frozen and the funds turned over to the creditor. You lose the chance to claim exemptions that could protect your money.

Your first steps:

1. Check if your income is exempt. Under §571.922, if you earn less than 40 times the state minimum wage per week, nothing can be garnished from your wages. Government benefits (Social Security, SSI, MFIP, unemployment) are fully exempt under §550.37.
2. File an exemption claim with the court within 10 days. Use the exemption form that should have been included with the garnishment papers.
3. Contact legal aid immediately — garnishment exemption claims are time-sensitive. Find free legal help.
4. Do not empty your bank account to avoid garnishment — this can be considered fraudulent transfer.

Related guide: Debt Defense Guide | Consumer Protection Guide

Your deadline: Appear at the hearing listed on the summons. The date and time are on the papers. There is no written Answer required in conciliation court. See Ch. 491A.

What this means: Someone is suing you for $20,000 or less in conciliation court (also called small claims court). This is a simpler process than district court — no lawyers required, and the rules of evidence are relaxed.

If you do nothing: The court will enter a default judgment against you for the amount requested. The other side can then garnish your wages or bank account to collect.

Your first steps:

1. Show up at the hearing. This is the single most important thing you can do.
2. Bring all evidence — documents, photos, receipts, contracts, text messages.
3. Bring witnesses who can support your version of events.
4. You may counterclaim — if the other side owes you money, you can file a counterclaim at the hearing.
5. If you lose, you can remove the case to district court for a new trial within 20 days.

Related guide: Small Claims Guide

If you cannot identify the papers you received, here are ways to figure out what they are:

1. Look for a title at the top — court papers usually say “Summons,” “Complaint,” “Petition,” “Order,” “Subpoena,” or similar.
2. Look for a court name and case number — this tells you which court the case is in.
3. Look for a deadline or hearing date — this is usually on the first page.
4. Check our legal glossary — search for any unfamiliar terms on the papers.
5. Call the court clerk — the phone number should be on the papers. Court staff cannot give legal advice but can explain what type of case it is and what deadlines apply.
6. Call a legal aid organization — find free legal help. Many legal aid hotlines can help you identify papers over the phone.