Small claims in Minnesota.
Minnesota's Conciliation Court raised the cap to $20,000 in August 2024. Same limit for individuals and businesses, with one big exception: businesses suing consumers on credit-transaction debts are capped at $4,000.
- Most you can sue for$20,000Raised from $15,000 in August 2024
- Consumer credit cap$4,000Special lower cap when a business sues a consumer on a credit transaction
- Filing fee$70 to $80$65 state base + small county law library fee
- CourtConciliation CourtDivision of District Court in each county
- Lawyers at trialAllowedPermitted but not required; most parties go without
- Appeal window20 days + 3 days mailBrand-new trial in District Court (called 'removal')
Find your situation.
Minnesota small claims handles money disputes up to $20,000 (or $20,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Minnesota gives you a generous 6 years to sue on most contract and debt claims, written or oral. Same clock for both.
Wrong court for these13 situations small claims can’t handle
Title to real estate or boundary disputes
Conciliation Court cannot resolve who owns land, boundary lines, easements, or quiet-title actions.
Try instead: District Court
Eviction (unlawful detainer)
Eviction proceedings to recover possession of rental property go to housing court or District Court, not conciliation.
Try instead: Housing Court (Hennepin/Ramsey) or District Court
Defamation (libel and slander)
Defamation claims are explicitly excluded from Conciliation Court regardless of dollar amount.
Try instead: District Court (with a 2-year deadline to sue)
Malpractice claims
Medical, legal, and other professional malpractice claims are excluded. They require expert testimony and exceed conciliation's scope.
Try instead: District Court with the appropriate expert affidavit
Injunctions and specific performance
Conciliation cannot order someone to do or stop doing something. The narrow exception: it CAN order return of personal property worth ≤ $20,000.
Try instead: District Court for injunctions; Court of Chancery is not a Minnesota court
Class actions
Conciliation Court cannot certify class actions. Each plaintiff must file separately.
Try instead: District Court
Pre-judgment remedies (attachment, replevin)
You cannot freeze a defendant's assets or seize property before the hearing through conciliation.
Try instead: District Court
Family law and probate
Divorce, child support, custody, paternity, adoption, juvenile, probate, trust, and guardianship matters are all excluded under Minn. Stat. § 491A.01, subd. 4. Exception: a state or local agency CAN sue in conciliation to recover a debt arising under those chapters (like a welfare overpayment).
Try instead: Family Court for divorce/support; Probate Court for estate matters
Cases against the federal or state government
Sovereign immunity blocks most suits against the U.S. or the State of Minnesota in conciliation. State agencies CAN appear as plaintiffs in conciliation.
Try instead: Federal court for U.S. claims; State Claims Commission or District Court under the Minnesota Tort Claims Act
Workers' compensation
Workers' comp claims must go through the Workers' Compensation Court of Appeals, not conciliation.
Try instead: Workers' Compensation administrative process
Bankruptcy matters
Bankruptcy is exclusively federal. The automatic stay also blocks new state-court suits against a debtor in bankruptcy.
Try instead: U.S. Bankruptcy Court for the District of Minnesota
Suing a deceased person
You cannot sue someone who has died in conciliation. Claims must go through their estate via probate.
Try instead: Register of Wills / Probate Court
Cases subject to mandatory arbitration
If your contract has a valid arbitration clause and the defendant raises it, the court must enforce it. Common in cell phone, banking, and employment contracts.
Try instead: Private arbitration per the contract
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. Most claims don't require a demand letter, but two situations make one mandatory for the full remedy. Bad-check claims under § 332.50 require a 30-day written Notice of Dishonored Check (certified mail) before you can recover the statutory penalty. Wage claims require a written demand to trigger the 15-day waiting-time penalty. Even when not required, a demand letter often resolves the dispute without filing.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
Minnesota applies the discovery rule for fraud (built into § 541.05) and certain latent injury cases. For ordinary contract or property damage, the clock starts when the breach or damage happened.
File your case
File at the Conciliation Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, the judgment includes the filing fee and reasonable service costs as 'costs' the loser owes you. The losing party reimburses your fees on top of the judgment.
E-filing in Minnesota: Minnesota uses Guide & File and the eFS system. Self-represented filers can use the online interview to fill out the Statement of Claim and submit it electronically in any county. Extra $5 e-filing convenience fee. Paper filings still accepted.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 60 days before the hearing (in the same county) or 60 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Court mail (claims ≤ $2,500). The court automatically mails the summons by first-class mail to the address you provided. No proof of receipt needed unless mail comes back undeliverable.
- Certified mail by plaintiff (claims over $2,500). Plaintiff sends the summons via Certified Mail with Restricted Delivery and return receipt. Only valid if the defendant personally signs.
- Personal service by sheriff or process server. Most reliable method. The sheriff or process server hands the summons to the defendant in person.
- Substituted service. If personal service can't be made, the rules allow leaving the papers with someone of suitable age at the defendant's home or workplace. Usually does NOT require court permission for the same form of service the rules allow.
- Service by publication. Last resort if defendant's location is truly unknown. Typically requires a court motion and is rare in conciliation due to cost.
File the proof of service (Affidavit of Service) at least 7 days before the hearing.
What if you can’t find the defendant?
If you can't locate the defendant, try a skip-trace service or research online. If still no luck, you can motion the court for service by publication or alternate means, but that's rarely worth it for small claims. Often, you should pause filing until you have a current address.
If a defendant refuses to take the papers, the sheriff or server can leave them in the defendant's presence after identifying themselves. That counts as valid service.
Show up to the hearing
Bench trial. Each case typically gets 10 to 15 minutes. The judge or referee is the fact-finder and decision-maker. No formal rules of evidence; judges have broad discretion to consider any reliable information.
Lawyers at trial: Allowed. Minnesota allows lawyers in conciliation court for both individuals and businesses. Most parties go without one. Businesses can also be represented by an officer, manager, or authorized employee with a Power of Attorney form. On appeal to District Court, however, business entities MUST hire a lawyer.
When you’ll get the decision: Judges often take the case under advisement and mail the decision within a week or two. Statute requires the decision within 20 days of the hearing.
What to bring
- Your filed Statement of Claim with the court stamp
- 3 copies of every document (one for the judge, one for the opponent, one for you)
- Original contracts, invoices, and receipts
- Photos of damage or work (printed in color)
- Text messages and emails (printed and highlighted)
- Bank statements, cancelled checks, or payment proof
- Repair estimates from independent professionals
- A short timeline of what happened
- Any witness who saw the events (or written statements if they can't attend)
- Demand letters and proof of statutory notices (bad-check, wage demand)
If the defendant doesn’t show up
If the defendant doesn't show up at the hearing, the court will likely enter default judgment for the plaintiff (assuming service was proper). The judge will usually require the plaintiff to briefly testify to the claim and amount.
You still have to prove your case. Even on a default, you should bring evidence. The judge may ask you to swear to the facts and may require proof of damages, especially for larger sums. Show up empty-handed and the judge can award less than you asked or dismiss.
If you’re the defendant being sued
Unlike most courts, Minnesota Conciliation Court does NOT require the defendant to file a written answer. The hearing date IS the deadline. The defendant simply shows up to dispute the claim. They can also file a counterclaim at least 7 days before the hearing.
Counter-suing the plaintiff: Allowed using CCT103 (Defendant's Statement of Counterclaim and Summons). Serve the plaintiff at least 7 days before trial (same county) or 7 days (out of county).
Counterclaim bigger than the cap? If your counterclaim exceeds the $20,000 cap, you have two options: waive the excess and stay in conciliation, OR file an Affidavit of Removal at least 7 days before the hearing to remove the entire case to District Court. The District Court fee ($310+) and possible cost bond apply. Once removed, the case starts fresh as a regular civil action and a business will need to retain a Minnesota attorney.
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has Once the 20-day appeal window passes (plus 3 mailing days), the judgment is final and enforceable to pay. Judgments accrue 5% interest per year while unpaid.
Demand letter for payment
Send a polite demand. Often works.
How it works
Once the appeal window has passed, send the loser a written demand including the case number, judgment amount, accrued interest, and your preferred payment method. Many debtors pay once they realize garnishment and liens are next.
Financial Disclosure (find their assets)
Force the loser to disclose their employer, bank, and assets.
How it works
Minnesota gives judgment creditors the right to demand a Financial Disclosure under § 491A.02, subd. 9. The court issues an Order for Disclosure (often free), and the debtor must respond within 16 days listing employer, bank accounts, real and personal property. Failure to comply can lead to contempt.
Notes: Often the FIRST step. Without knowing where the debtor works or banks, you can't garnish.
Wage garnishment (Garnishment Summons)
Take 25% of every paycheck.
How it works
After judgment, you can issue a Garnishment Summons to the employer (under Minn. Stat. Ch. 571) to garnish up to 25% of the debtor's disposable earnings, OR the amount by which weekly disposable earnings exceed 40 times the federal minimum wage, whichever is less. The employer withholds and remits to you.
Cost: Filing the writ ~ $55 plus minor service fees
Notes: Best method for steadily-employed debtors. Multiple creditors queue: only one wage garnishment runs at a time at the 25% cap.
Bank account garnishment
Freeze and seize money in their bank account.
How it works
Issue a Garnishment Summons to the bank. The bank must freeze funds up to the judgment amount and respond. Federal benefits like Social Security are automatically protected by federal regulation. Last 20 days of deposited wages are also exempt under Minnesota law.
Notes: First-come, first-served. If multiple creditors hit the same account, the one served first gets paid first.
Lien on real estate (docket the judgment)
Cheap, passive, very effective long-term.
How it works
Once docketed in District Court, the judgment becomes a lien on any real property the debtor owns in that county. To lien property in another county, get a certified Transcript of Judgment ($10) and dock it in that county's District Court. The lien lasts 10 years (judgment lifespan) and you'll get paid when the debtor sells or refinances.
Cost: $10 transcript + small filing fee in each additional county
Writ of Execution (seize non-exempt property)
Sheriff seizes and auctions non-exempt assets.
How it works
File a Writ of Execution and have the sheriff levy on the loser's non-exempt personal property: vehicles beyond the $5,500 exemption, business equipment beyond $15,000, second cars, boats, jewelry. Less common for small claims because exemptions cover most property of typical debtors.
Cost: About $55 fee + sheriff costs
Driver's license suspension (motor vehicle judgments only)
Powerful leverage if the debt comes from a car accident.
How it works
If your judgment is for property damage from a motor vehicle accident and the debtor doesn't pay within 30 days, you can request the Minnesota Department of Driver and Vehicle Services suspend their license. Often motivates payment fast.
Notes: Only applies to motor vehicle accident judgments. Doesn't work for ordinary debts.
Renew the judgment (every 10 years)
Keep the judgment alive past 10 years.
How it works
Minnesota judgments expire after 10 years. Before expiration, file a new action on the judgment to renew it for another 10 years.
Multiple creditors? Priority rules.
Real estate liens prioritize by docketing date. Wage garnishments queue: only one runs at a time at the 25% cap. Bank levies are first-served. Federal tax liens and child support trump civil judgment liens.
Can you appeal if you lose?
Either party who appeared at the hearing and is dissatisfied. A defaulting defendant CANNOT directly appeal; they must first move to vacate. Cases dismissed because the plaintiff didn't appear can be reopened only via a motion to vacate.
- Deadline: 23 days from the judgment notice.
- Filing fee: $310.
- Form: Demand for Removal — Demand for Removal / Affidavit of Good Faith.
- Type: Trial de novo — the case is heard fresh in the higher court.
Minnesota calls this 'removal,' but it's effectively an appeal that triggers a brand-new trial in District Court. The District Court is not bound by the conciliation judge's findings. New evidence, new witnesses, formal procedure, possible jury trial. The result can be better, worse, or the same.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
Defaulting defendants cannot remove to District Court. Their only path is a motion to vacate in conciliation. Within 20 days of judgment, the conciliation court can reopen the case administratively. After that, you need a formal motion showing good cause (excusable neglect, lack of service, etc.).
Motion to vacate (Form Motion to Vacate): file within 20 days of the judgment notice. If you never received notice, you have up to 30 days.
If the motion is denied, you have 20 days to appeal the denial. A defaulting defendant CANNOT remove (appeal) directly to District Court. Their only remedy is a motion to vacate in conciliation. Within 20 days, a simple letter or short request can reopen the case administratively. After that, a formal motion with affidavit and good cause is required.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Hennepin (Minneapolis)
- Location: 3rd floor Courts Tower, Hennepin Government Center.
- Mediation: On-site volunteer mediators on hearing day for free mediation if both parties agree.
- Volume: Highest volume in the state. Hearings often grouped; expect waiting time.
- Filing fee: About $77 to $80 with the law library fee.
- Standing order: Filings by Power of Attorney FOR ANOTHER INDIVIDUAL are rejected. POA only works for businesses.
Ramsey (Saint Paul)
- Location: Ramsey County Courthouse, downtown Saint Paul.
- Mediation: Access to the Dispute Resolution Center of St. Paul for some cases.
- Filing fee: About $73 with library fee.
- Schedule: Hearings typically 6 to 8 weeks out.
Dakota (Apple Valley/Hastings)
- Multiple locations: Hearings may be at the Apple Valley or Hastings courthouse depending on where the dispute arose.
- E-filing: Permitted statewide.
- Schedule: Initial hearing usually within 4 to 6 weeks.
Anoka
- Evening sessions: Some evening conciliation court sessions for working litigants.
- Mediation: Local Conflict Resolution Center mediators available.
St. Louis (Duluth/Virginia)
- Multiple courthouses: Filings should match the geographic region (Duluth vs. Virginia).
Olmsted (Rochester)
- Strict no-show rule: If either party doesn't show, case is decided or dismissed immediately.
Why cases get dismissed.
Suing the wrong defendant
What goes wrong: You sue 'Sunrise Apartments' but the actual owner is '123 Investments, LLC.' Your judgment may be unenforceable.
How to avoid it: Look up the business at the Minnesota Secretary of State (Business Search). Use the exact registered name. If unsure, name multiple potential parties in the alternative.
Filing in the wrong county
What goes wrong: You file where YOU live instead of where the defendant lives. Conciliation courts dismiss for wrong venue rather than transferring.
How to avoid it: File where the defendant lives or has its registered agent. Special exceptions: where the rental property is (landlord-tenant), where the bad check was written, or where any one defendant lives (multiple defendants).
Missing the deadline to sue
What goes wrong: You file a personal injury case 2 years and 1 month after the incident. Defendant points out the deadline passed. Case dismissed.
How to avoid it: Personal injury and defamation: 2 years. Most contracts: 6 years. Wage claims: 2 years (3 if willful). Sale of goods: 4 years. File sooner rather than later.
Bad service of process
What goes wrong: You sue for $5,000 but use regular mail or forget Restricted Delivery on certified mail. No proof of service. Case continued or dismissed.
How to avoid it: For claims over $2,500, use sheriff/process server OR certified mail with Restricted Delivery. File the Affidavit of Service before the hearing. For claims ≤ $2,500, the court mails for you, but verify the address is correct.
Skipping the bad-check or wage-demand notice
What goes wrong: You sue for a bounced check without sending the 30-day Notice of Dishonored Check. The judge can't award the statutory penalty (only the check amount).
How to avoid it: For bad checks under § 332.50: send the certified Notice of Dishonored Check and wait 30 days. For wages: send a written demand to trigger the 15-day waiting-time penalty.
Business showing up without a Power of Attorney
What goes wrong: Your LLC's owner shows up but didn't file the POA form. The judge may refuse to let them advocate.
How to avoid it: File the Power of Attorney for Conciliation Court when filing the case (or at least before the hearing). It's a Minnesota-specific form; don't confuse it with a general POA.
Asking for the wrong remedy
What goes wrong: You ask the court to make someone fix something, stop harassing you, or order specific performance. Conciliation can only award money or return of personal property.
How to avoid it: Convert what you want into a dollar amount. 'Make them finish the job' becomes '$X to hire someone else to finish.' For injunctions, go to District Court.
Defaulting in conciliation, then trying to appeal
What goes wrong: Defendant misses the hearing. Default judgment entered. They wait 30 days, then try to file a removal to District Court. The court rejects it: defaulters can't appeal, only move to vacate.
How to avoid it: If you default, file a Motion to Vacate within 20 days for an administrative reopen. After that you need a formal motion with good cause. Don't try to remove a default.
Letting the judgment expire at 10 years
What goes wrong: You won a judgment in 2016, didn't collect, didn't renew. Now it's 2027 and the judgment is permanently dead.
How to avoid it: Before the 10-year mark, file a new action on the judgment to renew it for another 10 years.
Winning against a judgment-proof defendant
What goes wrong: You win, but the defendant is on Social Security or has only exempt income. You collect nothing.
How to avoid it: Before suing, gauge whether the defendant has reachable assets. If their only income is exempt benefits and they rent, collection may yield nothing. Demand a Financial Disclosure once you have a judgment to find out for sure.
Ignoring the arbitration clause
What goes wrong: You sue your cell carrier or bank in conciliation. They move to compel arbitration. The court must enforce it.
How to avoid it: Read the contract. If there's an arbitration clause without a small-claims carve-out, you may need to arbitrate.
Common questions.
Do I need a lawyer for small claims in Minnesota?
How long does Minnesota small claims take from filing to hearing?
What's the maximum I can sue for in Minnesota Conciliation Court?
Does the defendant have to file an answer?
What happens if the defendant doesn't show up?
Can I appeal if I lose?
Can I garnish wages in Minnesota?
How long is a Minnesota judgment good for?
Sources17 citations and statutes
- Minn. Stat. § 491A.01 (Conciliation Court jurisdiction)Minn. Stat. § 491A.01
- Minn. Stat. § 491A.02 (Conciliation Court procedure)Minn. Stat. § 491A.02
- Minn. Stat. Chapter 541 (statutes of limitations)Minn. Stat. § 541.05 et seq.
- Minn. Stat. § 504B.178 (security deposit return)Minn. Stat. § 504B.178
- Minn. Stat. § 332.50 (bad check civil liability)Minn. Stat. § 332.50
- Minn. Stat. §§ 181.13, 181.14 (final wages and waiting-time penalty)Minn. Stat. §§ 181.13, 181.14
- Minn. Stat. § 325F.69 (Consumer Fraud Act)Minn. Stat. § 325F.69
- Minn. Stat. § 549.09 (judgment interest)Minn. Stat. § 549.09
- Minn. Stat. § 550.37 (debtor exemptions)Minn. Stat. § 550.37
- Minn. Stat. § 571.922 (wage garnishment limits)Minn. Stat. § 571.922
- Minn. Stat. § 541.04 (judgment lifespan: 10 years)Minn. Stat. § 541.04
- Minnesota Judicial Branch — Conciliation Court Help
- Minnesota Court Forms — Conciliation Court
- Hennepin County Conciliation Court
- Minnesota District Court Fees
- Minnesota General Rules of Practice (Conciliation Court Rules 508–521)
- Minnesota Attorney General — Conciliation Court Handbook
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 27, 2026.