- File your case in Conciliation Court in the county where the person you are suing lives. If it is a business, sue them in the county where they have an office.
If you sue your landlord for a security deposit, repair problems, a lock-out, or for renting you a condemned property, you can file your case in the county where the property is located or where the landlord lives.
- Your county courthouse has the form you need. It is called “Statement of Claim and Summons.”
You can find it online. Go to www.mncourts.gov.
- Click on “Get Forms” on the menu
- Click on “Conciliation/Small Claims Court”
- Click on “Statement of Claim and Summons”
If you want the court’s instructions along with the form, or if you need an “Affidavit of Service” form, click on the “Filing a Conciliation Court Claim” packet in the list.
- Fill in the “Statement of Claim and Summons.” Do not sign until you are in front of a notary. There are notaries at the courthouses.
- The filing fee is about $70. The fee is different in different counties.
If you have a low income, you don’t have to pay. Bring proof of your income. Ask the court clerk for a court fee waiver or IFP form. You can also find the form on the courts website.
You can create a completed IFP form online.
Go to https://www.lawhelpmn.org/forms.
- Click on “Court Fee Waiver (IFP)"
- Follow the step-by-step questions
- If your claim is less than $2,500 the court will mail a copy of your “Statement of Claim and Summons” to the other side. You need the full name of the person or company you are suing and their address. To find the legal name of a business, contact the Secretary of State at (651) 296-2803, or online at www.sos.state.mn.us.
You can also write to them for the information at:
Secretary of State
60 Empire Drive, Suite 100
St. Paul, MN 55103
- If your claim is more than $2,500 you have to mail a copy of the “Statement of Claim and Summons” to the other side by certified mail. You have to mail it within 60 days. Ask at the post office for certified mail and a return receipt. When you get the return receipt back in the mail, make sure you hang on to it to show that you mailed the copy in case you need it for proof.
You also have to fill out an “Affidavit of Service” to show you mailed a copy to the other side. You can get this form the courthouse or online. This form is in the conciliation court packet from the court talked about above. Give the “Affidavit of Service” to the court clerk.
- Your court date is usually 6 weeks to 2 months after the date you file. But sometimes it can take as long as 5 months, depending on the county.