The Jensen Litigation Firm, PLLC “coaches” businesses and individuals with small claims court matters. People hire us to understand their rights and develop a strategy for their hearing. If you need to sit down with an attorney for an hour to learn how to best prepare your case for court, we can help. Contact us now to set up an appointment.
What laws govern conciliation court in Minnesota?
Chapter 491A of Minnesota Statutes and Minn. R. Gen. Pract. 501-525 govern conciliation court, also known as small claims court. The jurisdictional limit for conciliation court is $15,000, but certain consumer credit transactions have a limit of only $4,000.
Minn. Stat. § 491A.01, subd. 4 sets forth exclusions on the types of cases that may be heard in conciliation court, such as cases involving title to real estate. People generally appear without an attorney but can be represented by an attorney with court permission.
What are the basics of conciliation court?
Once a person files a Statement of Claim with the court administrator, the case is set for a hearing within a short period of time (often within a month or two). The opposing party will receive notice of the hearing.
At the hearing, the judge or referee will urge the parties to discuss settlement. If there is no settlement, the judge or referee will hold a hearing to hear testimony and receive exhibits.
Frequently, the judge or referee makes a decision in the courtroom. If not, a written decision is typically issued in a short amount of time.
Can you appeal a conciliation court decision?
An aggrieved party can appeal the decision into district court, where the case will proceed as any other case in district court. The conciliation court decision will no longer be in force.
If there is no appeal, the decision of the conciliation court will stand and the prevailing party may docket and try to collect on the judgment.
We offer small claims court “coaching” for businesses and individuals. You may find it efficient and beneficial to sit down with an attorney to help develop a strategy for the case and the hearing.
We typically charge a flat fee for a “coaching” session of fixed length. This allows you to receive legal assistance at a fixed cost without any further obligations.
We are happy to discuss any strategy issues and answer any questions at this meeting. Do not hesitate to contact us.