Minnesota Small Claims Court Procedure

Small Claims

When a tenant moves out owing rent, damages above the deposit or unpaid utility bills, you can proceed to Small Claims Court to obtain the judgment. Before you file the Small Claims case, you must send a Demand Notice. The Demand Notice will be sent USPS via certified letter/return receipt demanding the money owed. They will have 30 days to pay the full amount, or you will file the Small Claims

If they fail to pay the alleged amount stated in the Demand Notice, you will proceed to the courthouse. Be sure to bring your copy of the Demand Notice to file with the case. The clerk will issue the Statement of Claim and Summons which you will fill out and return. He/she will issue a court date where both of you will have to appear.

The Statement of Claim and Summons must be served to the defendant by the sheriff or process server. I strongly suggest using a licensed process server opposed to the sheriff. It has been my experience that the process server gets the job done. Getting the court documents served are crucial!

At the court date, the Judge will want to be presented the itemized statement concerning the security deposit you sent to the former tenant. If you are seeking back rent you will need to bring the rental lease and ledger, When seeking a judgment for damages you will need to bring pictures and receipts of damages. Unpaid utility bills would need the billing and proof of payment. 

TIPS IN THE COURTROOM 

1. Be sure to bring a witness if you are seeking damages. It could be your partner or handyman, this really seals the deal with the Judge.

2. Don't give the pictures and receipts of damages to the defendant in the hallways. Make sure the only time you release these items is at the podium in front of the Judge.

3. Bring the proof of service of the Statement of Claim and Summons from the server to present to the Judge. The server will attach an abode which states time, place and persons accepting service.

                     

 NOW ON AMAZON

E-BOOK

$9.99

LIMITED TIME

$6.99

CLICK TO VIEW BOOK

    Please share to help the landlord profession

Maryland Small Claims Procedure

All 50 states require the landlord to send an itemized statement concerning the deposit to the tenant after they move out. Even if the tenant damaged your home above the deposit, you have to send the letter explaining where the deposit was dispersed.

If you were awarded a judgment in the Eviction, you still have to send the letter. At the Small Claims court hearing, the Judge will have to view the letter to render a judgment. It can be used for back rent, damages, court costs or unpaid utility bills. Naturally we take the damages out first and if there is any money left over it will go towards the back rent. It is easier to prove back rent than damages in the courtroom. We can get the judgment on the damages but it will take more preparation for the hearing.

NEVER ALLOW THE TENANT TO APPLY THE DEPOSIT TOWARDS RENT! 

If you posted in the Eviction court for possession only but the tenant still owes rent, you can file a Small Claims. 

When a tenant moves out owing rent, damages above the deposit or unpaid utility bills, you can proceed to Small Claims Court to obtain the judgment. 

Before you file the Small Claims case, you must send a Demand Notice. The Demand Notice will be sent USPS via certified letter/return receipt demanding the money owed. They will have 30 days to pay the amount or you will file the Small Claims.

The dollar limit in the District of Maryland is $5,000

Statute of limitations to file the case: 3 years after infraction

If they fail to pay the alleged amount stated in the Demand Notice, you will proceed to the courthouse. Be sure to bring your copy of the Demand Notice to file with the case. The clerk will issue the Complaint and Writ of Summons that you will fill out and return. He/she will issue a court date where the plaintiff and defendant must appear. The Complaint and Writ of Summons documents must be personally served by the sheriff or a licensed process server.

At the court hearing, when the defendant appears, the Judge will suggest a mediator to conduct a pretrial hearing. We always agree to the session which satisfies the Judge,

The Judge rules the courtroom and we have to do everything perfect. Get on the wrong side of the Judge and it will be a nightmare. 

If an agreement isn't made between plaintiff and defendant, the judge will set a trial date. At the trial date, the plaintiff and defendant must appear.

If an agreement is made, the plaintiff should request a status hearing to make sure they are getting paid as agreed. Don't let them out of the system!

At the trial, the plaintiff must have the proof of service, itemized security deposit letter, rental agreement, pictures-receipts of the damages and the utility bill (paid) before the judge will render a judgment. I suggest bringing a witness if the plaintiff is seeking damages. 

If the defendant fails to appear after being served, the plaintiff can motion for a default judgment.

When the plaintiff fails to serve the defendant the court document, he/she can motion for an "Alias Summons". 

Another court date will be set so the plaintiff will have more time to get the documents served.

MORE OF MY BLOGS

Gary and Cynthia Schmidt have been landlords for over 30 years with over 500 tenants. The Schmidt’s couldn’t take when the tenants lived in the rentals and didn’t pay the rent. After a couple evictions, Cynthia dove into the Post-Judgment Proceedings to collect. Cynthia represented herself in court  since 1997 and has collected $300,000 in judgments in 96 satisfied judgments.

Filing Small Claims in Texas

                                                                                                                                           

When the tenant moves out owing back rent, damages above the security deposit or unpaid utility bills the Small Claims court is where to go to obtain a judgment. 

What if the plaintiff posted in the Eviction to regain possession but tenant still owes rent? The plaintiff can file a Small Claims case for the back rent owed after being awarded possession. 

This is different from the Eviction court where the landlord can sue for possession and/or back rent. This court is obtaining a money judgment not possession of the rental.

Before the plaintiff can file the lawsuit, they must send the defendant a Demand Notice. This notice is demanding the amount alleged in owing and 30 days to pay it. The notice should be sent via certified letter with return receipt.

If the defendant fails to pay the full amount, then the plaintiff will proceed to the courthouse to file the Small Claims. Be sure to bring the Demand Notice to leave in the court files.

The clerk will issue a Complaint & Summons documents to be filled out and returned.

This Complaint states the defendant’s name, address and alleged amount in owing. You will be suing for the total amount alleged and court costs.

The Summons states the defendant is required to file a written response to the Complaint within twenty (20) days after the Summons has been served. 

These documents must be personally served to the Defendant by the constable or licensed process server. I suggest using the licensed process server to serve the documents. It has been my experience that they will get those papers served.

When the defendant files a written response within the twenty (20) days, the courts will set a court hearing. The plaintiff and defendant must appear at the court hearing.

If the defendant fails to answer the Summons, the plaintiff can Motion for a Default Judgment. When the Judge awards the judgment, be sure to have the judgment recorded.

At the hearing, the Judge will be presented the rental agreement, itemized statement concerning security deposit, pictures-receipts of damages and/or unpaid utility bills. Be sure to bring a witness if you are seeking damages.

NOW ON AMAZON 

SMALL CLAIMS TRAINING

FOR LANDLORDS

$9.99

limited time

$6.99

CLICK FOR OFFER

Gary and Cynthia Schmidt have been landlords for over 30 years with over 500 tenants. The Schmidt’s couldn’t take when the tenants lived in the rentals and didn’t pay the rent. After a couple evictions, Cynthia dove into the Post-Judgment Proceedings to collect. Cynthia represented herself in court and has collected $300,000 in judgments in 96 satisfied judgments.

Please share to help the mission
Thank you
Cynthia

Statute of limitations to file Small Claims

Here are some examples of the state’s statutes concerning money limits and statutes of limitations to file. 

The time period begins when the damage has occurred. 

California: $10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. 4 years to make a claim on a written contract, and 3 years to file for property damage 

Connecticut: $5,000 (except in landlord-tenant se
curity deposit claims). 6 years for written contracts;

 Georgia: $15,000 (no limit in eviction cases). Under Georgia state law, there are limits on the amount of time you have to bring a lawsuit. The statute of limitations for most cases is either two, four, or six years, depending on the type of case. 

Louisiana: $5,000 (city court); $5,000 (justice of the peace, but no limit on eviction cases). The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.

Pennsylvania: One of the top states when it comes to money limits-$12,000. 4 years to file the Small Claims

DEMAND NOTICE

You must send a Demand Notice to the former tenant demanding the money that is owed. The Demand Notice will state the back rent owed and/or damages above the security deposit. In the letter, the landlord will explain that after 30 days if the money is not received, he/she will file a Small Claims case. 

The Demand Notice will be sent via certified mail USPS with return receipt. You will take a copy of the Demand Notice and return receipt when proceeding to the courthouse. These documents will be kept in the court files for the court hearing