Checklist: Responding to a Debt Collection Lawsuit

Conciliation Court
If your papers say something like “Plaintiff’s Statement of Claim,” you are probably being sued in Conciliation Court. You also get a "Notice of Hearing" that says Conciliation Court on it. Here are two examples of what your papers might look like:

• Statement of Claim example
• Notice of Hearing example
   

You get the papers in the mail. If you are being sued for $2,500 or less, the papers come from the court. If you are being sued for more than $2,500, the company suing you sends the papers by certified mail. The court papers say the time and date of your hearing.

District Court
If your papers say something like, “Summons and Complaint,” you are probably being sued in District Court. Here are two examples of what your papers might look like:

• Summons and Complaint example 1
• Summons and Complaint example 2
   

You usually get the papers in person from a "process server," like a sheriff's deputy or a lawyer. Sometimes you get them in the mail if you sign a waiver of personal service. The court papers do not say the time and date of your hearing. 

Other Kinds of Paper:
Default Judgment: If your case went to court but you did not go, you get a Notice of Hearing for Default Judgment. These papers might look like:

• District Court Default Judgment
• Conciliation Court Default Judgment
   

If you got papers for a Default Judgment, complete the Default Judgment Checklist.

Garnishment: If the company already won its case against you, they usually collect the money by freezing the money in your bank account or your paycheck. This Action Plan can't help with Garnishment. Read our fact sheet, Garnishment and Your Rights.

Download the form and fill it out. Bring it to court at least 5 business days before the court date.

If you don’t think they owe you money, you don’t need to file anything.

Skip to Step 4 if it is in person. 

Skip to Step 5 if it is online.

If you don’t file an Answer, you lose your case.

You can create an Answer online. The online form is a step-by-step interview that lets you print out a completed Answer.

You might be served with “Interrogatories,” “Requests for Documents,” and/or “Requests for Admission.” Do not ignore these!

This is called "Discovery". You can learn more about Discovery on the MN Courts website. 

You can send your proposal to the other party or go to mediation. 

To find mediators:

• Check Community Mediation Minnesota.   
• Call 2-1-1 statewide. You can also send a text message with your zip code to 898-211 or chat online at United Way 2-1-1.
• The MN Court website also has info and a list of mediators.
   

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.

If you need an interpreter for a scheduled hearing or trial, ask for one from court administration at the court where your hearing or trial is. 

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 notice for the number to call. If you can't find it, look it up on the court's website.

If you know the company suing you has papers or evidence they don't want to show you before court, send them your own Interrogatories and Requests for Admissions and Documents. 

If you know the company suing you has papers or evidence they don't want to give you before court, ask the court clerk about a subpoena for evidence. For more information: Minnesota Court Information on Subpoenas.

Gather your answer and any other papers you responded to. Evidence could be things like photos, letters, receipts, estimates, and leases. 

Make sure you have your original copy. Print 2 more copies of each piece of evidence.

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

Your hearing notice has a time on it, but it might not start at that time. Make plans in case you have to be there all day.

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

You can send your proposal to the other party or go to mediation. 

To find mediators:

• Check Community Mediation Minnesota.  
• Call 2-1-1 statewide. You can also send a text message with your zip code to 898-211 or chat online.
• The MN Court website also has info and a list of mediators.
   

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.

If you need an interpreter for a scheduled hearing or trial, ask for one from court administration at the court where your hearing or trial is. 

Testimony in court is much better than a written statement. 

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 notice for the number to call. If you can't find it, look it up on the court's website.

If you know the company suing you has papers or evidence they don't want to show you before court, you can send them your own Interrogatories and Requests for Admissions and Documents. 

If you know the company suing you has papers or evidence they don't want to give you before court, ask the court clerk about a subpoena for evidence. For more information: Minnesota Court Info on Subpoenas.

Your notice should tell you how to submit your evidence or who to call for more information.

Gather your answer and any other papers you responded to. 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.

Check the hearing notice or call court administration if you have questions about how to join the remote hearing. 

If you need to find a computer, find a Legal Kiosk near you. Legal Kiosks are free to use and can let you attend online hearings.

Learn more about online hearings on the MN Court website. 

Your hearing notice has a time on it, but it could take several hours.

If you can't find child care, make sure your children won't interrupt you while you're online.

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

If you are late or not logged on, you might lose your case.

You can even settle right before your trial. Think about a fair compromise and suggest it to the other side. 

Put any agreement in writing! Both parties must sign and date it. 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!

Congratulations! 

But remember, the other party might appeal. Watch for any notices in the mail. 

Decide if you want to appeal. 

• If you lost in Conciliation Court, you have 20 days to appeal to District Court.
• If you lost in District Court, you can also file an appeal. Contact a lawyer to help you.
   

The company that sued you will try to collect. 

• You can ask to make a payment plan or pay the full the amount you owe. 
   
• If you don't pay, they may garnish you. That means they can take money out of your paycheck or bank account. For more information about garnishment, read our fact sheets Garnishment and Your Rights and Can I Go to Jail If I Don't Pay My Debts?

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

Call 651-296-3353 or 1-800-657-3787 

  OR

Go to the Attorney General's website and click "Consumer Assistance Request Form"