Checklist: Starting a Conciliation “Small Claims” Court Case

If you think you can work it out with the other party, try that first.

If you want help working it out with the other party, you can ask the other party if they would go to mediation.

Try these mediator resources:

• Check Community Mediation Minnesota at https://communitymediationmn.org. 
   
• For a mediation program in your area call 2-1-1 statewide. You can also text them your zip code at 898-211 or chat online at www.211unitedway.org.
   
• The state court website also has info and a list of mediators: www.mncourts.gov/Help-Topics/AlternativeDisputeResolution.

If you tried to work it out with the other party or tried mediation and couldn't agree, you can send a demand letter to them.

Send a dated letter saying what that person owes you and why. Give them 2 weeks to respond. Keep a copy of the letter.

It’s a good idea to send the letter by “Certified Mail.” Certified Mail gives you proof that you mailed the letter. Also, the person getting the letter has to sign for it so there is also proof that they got it.  To send Certified Mail go to the post office and tell them you want to send it as certified mail. 

File online using the Guide and File program (select Conciliation Court) OR download the Starting a Conciliation Court Case forms.

File your case in the county where the Defendant lives. If you are suing more than one person, file in a county where at least one of the Defendants lives. If you are suing a business, file in the county where they have an office.

If you filled out your forms using the Guide and File program, it creates a copy of Affidavit of Service.

Testimony in court is much better than a written statement from them.

If an important witness won’t come, ask the court administrator for a “subpoena.” A subpoena is an order to come to court or bring evidence to court. Check your Summons for the number to call. If you can't find the phone number to call, look it up on the court's website.

For more information see Minnesota Court Info on Subpoenas.

Evidence could be things like photos, letters, receipts, estimates, and leases.

You need to prove your case and show evidence about the amount of money you should be paid.

Make sure you have your original copy and print 2 extra copies of each piece of evidence.

Plan how to get there. If you drive, make sure you know where to park.

Your Summons has a time on it, but your case probably won’t start at that time. It's possible you might be there all day.

Call the court administrator to ask how you can watch a hearing.

Testimony in court is much better than a written statement from them.

If an important witness won’t join, ask the court administrator for a “subpoena.” A subpoena is an order to come to court or bring evidence to court. Check your Summons for the number to call. If you can't find it, look it up on the court's website.

For more information see Minnesota Court Info on Subpoenas.

Evidence could be things like photos, letters, receipts, estimates, and leases.

You need to prove your case and show evidence about the amount of money you should be paid.

Your Summons should tell you how to submit your evidence for online court, or who to call for more information.

Check the Summons or call court administration if you have questions about how to join the online hearing. The court’s website also has information on online hearings.

If you don’t have a computer, check if there is a free Legal Kiosk you can use.

Your Summons has a time on it, but your case probably won’t start at that time. You could be online for several hours.

If you can't find childcare, make sure your kids won't interrupt you while you are online.

Call the court administratorto ask how you can watch a hearing.

You can settle at any time up until your hearing. Think about a fair compromise and suggest it to the other side. 

Put any agreement in writing! Both parties must sign and date it. Take the agreement to court on your hearing date, and have the court make it into an order. This helps protect you in case there is a disagreement later.

Don’t interrupt when others talk. Don’t get mad at what the defendant says. Your case depends on the impression you make!

Conciliation court DOES NOT collect the money for you. If the Defendant doesn’t pay you, or make an agreement about how they are going to pay you, you can take steps to try to get the money. It can take time so be patient! 

You have to wait 20 days after the decision is mailed to start any collection process. 

The Court’s website has information on the steps for Collecting a Judgment. 

To appeal a conciliation court decision, file with the District Court in the same county where your conciliation court case was. The Court’s website has forms and instructions on how to appeal.

You have 20 days to file the notice of appeal and serve the other party. The 20 days is from the date when the court mailed or delivered the conciliation court decision. If you don’t file the appeal on time, the judge dismisses it.

Your local legal aid office may be able to help if you qualify. Call 1(877) 696-6529 (877-MY-MN-LAW).

Go to LawHelpMN’s Providers and Clinics search to look for other programs that may help. 

If you don’t qualify for free or low-cost legal help, the Minnesota Lawyer Referral and Information Service can help you get a referral for a paid lawyer.

You can call 651-296-3353 or 1-800-657-3787 or fill out the Consumer Assistance Request Form.