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.

                     

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