Minnesota Small Claims (Conciliation Court): The $20,000 Limit, the $65 Fee, and How to Appeal

Minnesota calls its small claims court conciliation court . Every county’s district court has one [1]. It hears disputes up to $20,000, and the state filing fee is $65 [1][3].

What conciliation court handles

Conciliation court hears civil claims where the money or property in dispute is $20,000 or less [1]. There’s a lower cap of $4,000 for a consumer credit transaction [1]. That covers, for example, a store or lender suing a person over credit used to buy household goods [1].

Some cases can’t go to conciliation court at all [1]:

• evictions,
• disputes over title to real estate, including boundary lines,
• libel and slander,
• class actions,
• most requests for an injunction or to force someone to perform a contract,
• medical malpractice,
• family law matters, and probate.

Filing fees

The $65 fee is paid by every plaintiff and every defendant when they file their first paper [3]. Each party also pays the county law library fee at that point [7]. If you can’t afford the fees, you can file an affidavit saying so, and no fees are required up front. If you win, the fees come out of what you recover [7].

How to file

1. File your claim in the right county. Conciliation court’s reach is generally limited to the county where it sits, and a summons generally can’t be issued outside the county except in listed situations [8]. Ask the court administrator which county is right for your case.
2. Pay the fees or file an affidavit of inability to pay [7].
3. The court sets the trial date and prepares the summons [8]. The trial must be at least 28 days after the summons is mailed or served [8].
4. Notice to the defendant. For a defendant in Minnesota, the court administrator mails the summons by first-class mail. If your claim is over $2,500, you must serve it yourself by certified mail and file proof [8]. For a defendant outside Minnesota, you arrange service [8].
5. File proof of service within 60 days when you’re responsible for service, or the case is dismissed [8]. A sheriff or any adult who isn’t a party can also serve the papers in person [8].

If the defendant doesn’t show up, the court can enter a default judgment [8].

Lawyers and businesses

Unlike some states, Minnesota allows lawyers in conciliation court. Parties may be represented by a lawyer licensed in Minnesota, who takes part to the extent the judge finds helpful [4].

A business doesn’t need a lawyer. A corporation, LLC, partnership, sole proprietorship or association can send an officer, manager or partner, or appoint an employee to appear for it [2][4].

Appeals: removal to district court

You don’t appeal a conciliation court decision the usual way. Instead, you remove it to district court for a new trial [2]. Within 21 days after the court administrator sends you notice of the judgment, you must [5]:

1. serve a demand for removal on the other side and file it with the court administrator, with proof of service,
2. file an affidavit saying the removal is made in good faith, and
3. pay the district court civil filing fee, currently $310 [5][6].

Other states

Minnesota’s $20,000 limit is among the higher ones. See small claims limits by state on BestAmerica.