Once your forms are filed, the court administration sends you a Summons and a hearing date in the mail. Each defendant has to be served with this Summons and a copy of your Statement of Claim. This is so that they know why you are suing them and when to go to court.
How each defendant is served depends on the amount of the claim and where they are located.
If the amount of your claim is $2500 or less, the defendant’s address is in Minnesota, AND
- If the defendant's address is in the county you are filing in, then court administration serves each defendant by first class mail. You do not need to file a proof of service.
If the defendant’s address is NOT in the county you are filing in, but still in Minnesota, the court administration MIGHT serve each defendant by first class mail. This depends on the type of case. If the court administration does not serve the defendants in your case, then you must serve each defendant by certified mail.
Then file proof of service with court administration within 60 days of when the Summons is issued by the court.
To prove service, file a completed Conciliation Court Affidavit of Service form after each defendant is served. Complete a separate Conciliation Court Affidavit of Service form for each defendant.
If you are not sure how to serve a defendant, you may need to get legal advice.
If your claim is more than $2,500, and the defendant’s address is in Minnesota
If the amount of your claim is more than $2500, then you must serve each defendant by certified mail. Then file proof of service with court administration within 60 days of when the Summons is issued by the court.
To prove service, file a completed Conciliation Court Affidavit of Service form after each defendant is served. Complete a separate Conciliation Court Affidavit of Service form for each defendant.
If you are not sure how to serve a defendant, you may need to get legal advice.
If a defendant’s address is not in Minnesota
Then the Summons usually must be handed to the defendant in person. You might need to ask a sheriff or civil process server to serve the Summons, even if the claim is $2500 or less. To prove service, you need to file a separate Conciliation Court Affidavit of Service form after each defendant is served.
There are some types of defendants that have special rules of service, such as out of state insurance companies and certain types of corporations. If you are not sure how to serve a defendant, you may need to get legal advice.