A conciliation court may be a good option for small claims that do not warrant hiring a lawyer. The process is simple and aims to provide a simple and accessible legal forum. Representing yourself is also easy as long as you`re ready. If you tell your story clearly and in an organized way, you have the best chance of success. If you are worried about being so nervous that you will be confused and misrepresent your case, do not hesitate to contact me to get a referral to a low-cost lawyer to help you before the arbitration court. If you don`t show up for your hearing, you`ll be in default and the other party will win. Be sure to remove your schedule for your hearing date or request an extension. On the day of the hearing, make sure you know where the courthouse is and give yourself enough time to get there and find a parking space. It can also take some time to go through security and find the right courtroom. First of all, you need to find the right district court. The lawsuit usually has to be filed in the district court of the county where the defendant lives, where checks were issued (if they are bad checks), where real estate or land is located (if it is a dispute between owners and tenants), or where the company has its business or branch (if a business is sued).
The Minnesota Court provides this beautiful overview for the arbitration court. The Minnesota Attorney General`s Office provides this guide to the arbitration court. Before the day of the hearing, take the time to organize your argument. Think about all the facts you want the court to know, and then practice telling your story in a clear way that highlights all those facts. It`s usually best to present your page this way: On April 2, I brought Mr. Johnson a check for $900. When I arrived, I gave the cheque to Mr. Johnson.
We went to the garage, and Mr. Johnson said he changed his mind and wanted to give me a Toro snow blower instead. The Toro snow blower was older, smaller and worth less. I insisted on the Honda snow blower, which he refused. I said I wanted my money back, but Mr Johnson refused. I took the Toro snow blower in protest. You could try to reach an agreement with the other party by negotiating a payment that is acceptable to both of you. In this case, you record the agreement in writing and notify the clerk. At the time of filing, you will have to pay an application fee, usually less than $100. Often, the court orders the losing party to pay the other party`s filing fee as well as any other damages. Prior to a hearing before the Minnesota Conciliation Court, either party may refer the case to the Minnesota District Court and skip the arbitration tribunal.
If either party does not like the outcome of the Minnesota Conciliation Court, they can challenge the case for a limited number of days in Minnesota District Court. If a party refers the case to the District Court, the case is heard (de novo). For this reason, parties often see what happens in the arbitration court before deciding whether their case justifies the costs and delays of the Minnesota District Court. Even if your claim is above the limit, you may want to file up to $15,000 in arbitration and drop the rest of your claim. For example, if you are owed $16,000, you can drop $1,000 and sue for $15,000 instead. This may still be easier than filing it with the district court. The Conciliation Court is similar to what can be seen on television with The People`s Court (1981), Judge Judy (1996) or Judge Mathis (1999). Cases often last from 10 to 20 minutes. Both sides share their version of events. The judge will ask questions (and the judge usually lets the parties ask questions). However, unlike television, Minnesota judges typically broadcast their decisions to the parties instead of presenting them at the hearing. On the other hand, you might consider finding a lawyer for complex or expensive claims, even if they are below the limit, and filing them with a small claims court.
An attorney can help you organize and articulate your arguments in the statement of claim and subpoena (described below), and can represent you at the hearing before the judge, provided the judge agrees that the attorney`s participation is helpful (see Rule 512(c) of the Minnesota General Rules of Practice). Once this is done, you or the court clerk will “serve” the other party by sending a copy of the complaint to the defendant. It is important to make sure that you have the correct address of the accused, as your case cannot be continued unless the defendant is aware of the complaint against him. You must keep a record with any documents that you or the other party has submitted to the court and bring that record with you on the day of your hearing. Also bring all the evidence you`ve gathered to prove your case – images, written agreements, emails, and anything else that can be used to show that your story is true. Bring the original and 2 copies: one for yourself, one for the appeal and the original for the judge (which you may not be able to retrieve). The Minnesota Conciliation Court is faster and has fewer rules than normal cases in Minnesota District Court. For example, in the Conciliation Court, the rules of evidence are relaxed. “The judge shall normally receive only evidence admissible under the rules of evidence, but may, in the exercise of his discretion and in the interests of justice, collect evidence that is otherwise inadmissible.” See Rule 512(d) of the Minnesota General Rules of Practice.
The Minnesota Court of Conciliation, often referred to as the Small Claims Court, is part of the Minnesota state court system. The arbitration tribunal is designed to resolve small claims faster without the cost, time, and formalities of a normal case in Minnesota District Court. If you don`t show up for the hearing, you lose by default and the other party automatically wins as long as they can prove that you received the complaint and subpoena. If you cannot set the court date, you can contact the court in good time before the hearing and request a new hearing date. This rescheduling requirement is called a continuation. If you want to fight the case, you can appear in court on the scheduled date and present your case to the judge. If you think you have suffered harm, you can file a counterclaim that will be resolved at the same time. (Forms can be found here.) As with a regular claim, you must pay the deposit fee. The court, even for less formal proceedings, requires proper conduct. Dress well, be respectful of the judge and the opposition, and leave the children at home if possible. You don`t want to do anything that would make a bad impression on the person who decides your case. In short, use common sense.
If you`re considering suing someone, but the amount isn`t high enough to warrant hiring a lawyer, suing in Small Claims Court is a good option. The Small Claims Court or the Conciliation Court allows people to represent themselves according to less formal rules of evidence and procedure. The tribunal settles disputes up to $15,000, but there are a few exceptions (for exceptions, see Minnesota Statutes Section 491A.01, Subdivisions 3a and 4). On April 1, Mr. Johnson agreed to sell me his Honda snow blower for $900. You could admit the allegations against you and agree to pay what you owe. Your Honour, if I explain what happened, you will see that I sent a payment to the applicant, but he returned it and said that he had changed his mind. To learn more, you can read the Minnesota Arbitration Rules. Title VI of the Minnesota General Rules of Practice for District Courts contains the arbitration rules. You can find them here in PDF format or search for the Minnesota General Rules of Practice in the table of contents (see rules 501 to 525). Representing yourself effectively usually comes down to preparation and common sense. Here are some tips to help you.
1. Tell the judge in a sentence or two what you`re going to share (the key point why you`re right and the other party is wrong). Eventually, Mr. Johnson agreed to sell me his Honda snow blower for $900. I qualify for the Honda snow blower for $900, a full refund or the Toro snow blower for $400, which means Mr. Johnson owes me a refund of $500. I would prefer to have the $500 refund so that I can manage it and avoid further interactions with Mr. Johnson. 3. Finish with 1-2 sets why you should win.
If you receive a complaint and a subpoena, you have a few options. To begin the lawsuit, you will file a complaint by filling out a form titled “Declaration of Claims and Subpoena.” You can find the forms here or use this step-by-step wizard. You will need a phone number where you can be contacted during the day, the name and address of the defendant, the amount of money (or a list of properties) the defendant is supposed to give you, and the reasons why that money or property should be yours. When you`re done with the last section, write clearly and organized that you`re telling your story, but don`t confuse the reader with unnecessary details. .