Checklist: Ask for a New Hearing if you have a Conciliation Court Default Judgment

If you didn’t get papers, this is a good reason to ask for a new hearing.

If there is a reason you couldn’t go to your hearing, this is a good reason to ask for a new hearing. For example, you were in the hospital, or out of the country. If you have a good reason for not going, you should ask for a new hearing.

If you agree that you owe the money, think about whether it is worth the time and effort to have a new hearing.

• Go to Minnesota Court Records Online (MCRO)
• Type in your first and last name
• Under Case Category, check “Civil”
• Click Find
• Locate any cases that match your name and say Case Type of Conciliation or Default Judgment.

• If the Case Type is Conciliation: your case was filed in Conciliation Court. Continue to the next step in this Checklist.
   
• If the Case Type is Default Judgment: your case was filed in District Court. The court doesn’t have forms for District Court. Talk to a lawyer if you want a new hearing.

In most counties, you get a “Notice of Filing of Order and Entry of Judgment.” This paper says how long you have to ask the court to “vacate” the judgment and give you a new hearing (see an example).

• Click “View Case Details”
   
• Under Case Events, find the entry for Notice of Filing of Order and Entry of Judgment.
   
• Click Download PDF
   
• Find where it says, “If a judgment has been entered, you have until [Date], to…” The date will be 24 days after the judgment was filed, but it might be a little longer depending on weekends and holidays.
   

If your case was in Hennepin County:

• Click “View Case Details”
   
• Under Case Events, find the entry for Order for Judgment on Claim and/or Counterclaim (see an example).
   
• Click Download PDF
   
• Find where it says, “NOTICE: THE PARTIES ARE NOTIFIED that the Judgment has been entered as indicated above, but the Judgment is stayed by law until [Date]." The date will be 24 days after the judgment was filed, but it might be a little longer depending on weekends and holidays.
   

• Download the Request to Vacate Order for Judgment and Grant New Trial from the court’s website
   
• Use the information from the papers in the step before to fill in the County, Judicial District, Court File Number, Plaintiff name, and Defendant name.
   
• Fill in your name and check the Defendant box
   
• Explain why you didn’t go to the hearing. For example, you didn’t know about the hearing because you didn’t get papers about it. Or you had some other reason you did not know about the hearing or could not attend.
  
  If you are not sure what to say, you can try to find a lawyer to talk to.
   
• Date and Sign the form. Fill in your contact information and the County where you signed.

You can file in person, by mail, or electronically

• It is much harder to get a new hearing after the deadline has passed.
   
  • Check LawHelpMN’s Providers and Clinics Directory
     
  • The court also has information on hiring a lawyer.

The instructions tell you how to fill out the forms to ask the court to vacate a Conciliation Court judgment after the deadline has passed.

• Download the Notice and Motion to Vacate Conciliation Court Judgment after Deadline from the court’s website
   
• Use the information from the papers in the step before to fill in the County, Judicial District, Court File Number, Plaintiff name, and Defendant name.
   
• Under “MOTION,” fill in your name and the name of the other party.
   
• Date and Sign the form. Fill in your contact information and the County where you signed.

• Download the Affidavit in Support of Motion to Vacate Conciliation Court Judgment after Deadline from the court’s website
   
• Use the information from the papers in the step before to fill in the County, Judicial District, Court File Number, Plaintiff name, and Defendant name.
   
• Fill in your name.
   
• Fill in the date of the Notice of Filing of Order and Entry of Judgment.
   
• If you got papers called a “Summons” saying you were being sued and when to come to court, check that box and write the date you got the Summons on.
   
• If you did not get the Summons, check that box.
   
• Fill in the date when you learned about the default judgement against you.
   
• Explain why you didn’t go to the hearing. For example, you didn’t know about the hearing because you didn’t get papers about it. Or you had some other reason you did not know about the hearing or could not attend. 
  
  If you are not sure what to say, you can try to find a lawyer to talk to.
   
• Date and Sign the form. When you sign the form, you are signing under penalty of perjury. You are saying the information is true to the best of your knowledge.
   
• Fill in your contact information and the County where you signed.

• Make 1 copy for yourself
• Make 1 copy for each of the other parties
• You give the original to the Court
   

Example: ABC Credit Card Company sued you. Make 2 copies of your papers. One for yourself and one for ABC Credit Card Company.

Example: George Washington and Alexander Hamilton sued you. Make 3 copies of your papers. One for yourself, one for George Washington, and one for Alexander Hamilton.

• You have to tell the other party you want a new hearing. You have to give them a copy of the forms you filled out.
  • You can serve the other party by either mailing the papers or handing them to the other party
  • You, another adult, or the sheriff can serve the papers

• If you (or another adult) mailed the papers, use the Affidavit of Service by Mail
   
• If you (or another adult) personally handed the other party the papers, use the Affidavit of Personal Service
   
• Read the Instructions for more information on how to fill out these forms.

• You can file in person, by mail, or electronically
   
• You have to pay a fee, usually around $70-$80 (it depends on what county you are in). If you can’t afford the fee, fill out the Affidavit of Inability to Pay.

You do not get a new hearing. This means you still owe the money the court said you owed. There are forms to appeal the decision.

• The judge may say you have to pay up to $50 fee to reopen the case. You have to pay the fee before you get your new hearing date. 

  After you pay the fee (if the judge says you have to), the court tells you when your new hearing is. Write the date on your calendar right away!

  To get ready for your hearing, read Step 2 in the Responding to a Debt Collection Lawsuit Checklist.