How to file a small claims case in Minnesota, step by step

Ask for payment in writing

Minnesota doesn't require a demand, but the court suggests sending a dated letter saying what is owed and why before you file.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Minnesota you can sue for up to $20,000 in the Conciliation Court (Minnesota District Court).

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served (not a P.O. box)
• The amount you're asking for and how you got that number
• The date the problem happened
• A short plain description of what happened
• Proof you asked for payment, if you did

Find the defendant's exact legal name

Look up the business's exact legal name and registered office before you file.

Search: Minnesota Secretary of State Business Search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Statement of Claim: Conciliation Court Statement of Claim and Summons. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $20,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the Statement of Claim; no notary is needed.

Make copies

Keep a copy of everything you file; the court mails the summons for smaller same-county claims.

File your claim

Choose how you'll file:

Usually the county where the defendant lives, or for a business, where it has an office. Landlord cases can be filed where the rental property is.

Pay the filing fee

$65 to file, plus a county law library fee in many counties. The defendant pays the same fee to file a counterclaim. Service by certified mail or a sheriff costs extra when you have to arrange it. Can't afford it? Ask for a fee waiver: Affidavit of Inability to Pay Conciliation Court Filing Fee.

Keep what the clerk gives you

The court administrator mails you a summons with the hearing date and either mails it to the defendant or tells you to serve it.

Have the papers served

For claims up to $2,500 against someone in the same county, the court mails the summons. For larger claims you must serve by certified mail, and an out-of-state defendant usually must be served in person.

When you serve the papers, file an Affidavit of Service within 60 days after the summons is issued.

File proof of service

Affidavit of Service (CCT103)

If you had to serve the defendant, file an affidavit of service for each defendant within 60 days after the summons was issued. No proof is needed when the court mails it.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant doesn't file an answer but can file a counterclaim, at least five business days before the hearing in some counties; the court hears both together.

Settling before the hearing

Put any settlement in writing, signed and dated by both sides, and bring it to the hearing so the court can make it an order.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the court administrator for a subpoena to make a witness come or bring documents.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• The judge may try to help you reach an agreement that day
• Bring three copies of every exhibit
• Arrive 30 minutes early and check in with the clerk or bailiff
• Bring your witnesses, or a subpoena if they won't come voluntarily
• Turn your phone to silent; dress neatly

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come, you can get a default judgment, which can't be appealed by removal. If you don't come, your case can be dismissed.

Know the appeal rules

Either side can 'remove' (appeal) the case to District Court for a brand-new trial. File and serve the demand within the deadline on your notice of judgment, about 20 days after it's mailed. The fee is $310 ($410 with a jury). If the appeal fails, you may have to pay the other side $50 extra.

Collect your money

The court doesn't collect for you. Wait 20 days after the decision is mailed, then have the judgment entered in District Court so you can garnish wages or a bank account or have the sheriff levy property.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.