491A.01 ESTABLISHMENT; POWERS; JURISDICTION.
    Subdivision 1. Establishment. The district court in each county shall establish a conciliation
court division with the jurisdiction and powers set forth in this chapter.
    Subd. 2. Powers; issuance of process. The conciliation court has all powers, and may issue
process as necessary or proper to carry out the purposes of this chapter. No writ of execution or
garnishment summons may be issued out of conciliation court.
    Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount
of money or property that is the subject matter of the claim does not exceed $6,000 or, on
and after July 1, 1994, $7,500, or $4,000 if the claim involves a consumer credit transaction.
"Consumer credit transaction" means a sale of personal property, or a loan arranged to facilitate
the purchase of personal property, in which:
(1) credit is granted by a seller or a lender who regularly engages as a seller or lender in
credit transactions of the same kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the transaction; and
(4) the personal property is purchased primarily for a personal, family, or household purpose
and not for a commercial, agricultural, or business purpose.
(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the territorial
jurisdiction of conciliation court is coextensive with the county in which the court is established.
The summons in a conciliation court action under subdivisions 6 to 10 may be served anywhere in
the state, and the summons in a conciliation court action under subdivision 7, paragraph (b), may
be served outside the state in the manner provided by law. The court administrator shall serve the
summons in a conciliation court action by first class mail, except that if the amount of money
or property that is the subject of the claim exceeds $2,500, the summons must be served by the
plaintiff by certified mail, and service on nonresident defendants must be made in accordance
with applicable law or rule. Subpoenas to secure the attendance of nonparty witnesses and the
production of documents at trial may be served anywhere within the state in the manner provided
by law.
When a court administrator is required to summon the defendant by certified mail under
this paragraph, the summons may be made by personal service in the manner provided in the
Rules of Civil Procedure for personal service of a summons of the district court as an alternative
to service by certified mail.
    Subd. 4. Jurisdiction; exclusions. The conciliation court does not have jurisdiction over
the following actions:
(1) involving title to real estate, including actions to determine boundary lines;
(2) involving claims of defamation by libel or slander;
(3) for specific performance, except to the extent authorized in subdivision 5;
(4) brought or defended on behalf of a class;
(5) requesting or involving prejudgment remedies;
(6) involving injunctive relief, except to the extent authorized in subdivision 5;
(7) pursuant to chapters 256, 257, 259, 260, 518, 518A, 518B, and 518C, except for actions
involving debts owed to state agencies or political subdivisions that arise under those chapters;
(8) pursuant to chapters 524 and 525;
(9) where jurisdiction is vested exclusively in another court or division of district court;
(10) for eviction; and
(11) involving medical malpractice.
    Subd. 5. Jurisdiction; personal property. If the controversy concerns the ownership or
possession of personal property the value of which does not exceed the jurisdictional limit under
subdivision 3, the conciliation court has jurisdiction to determine the ownership and possession
of the property and direct any party to deliver the property to another party. Notwithstanding
any other law to the contrary, once the judgment of the court directing return of the property
becomes final, it is enforceable by the sheriff of the county in which the property is located
without further legal process. The sheriff is authorized to effect repossession of the property
according to law, including, but not limited to: (1) entry upon the premises for the purposes of
demanding the property and ascertaining whether the property is present and taking possession
of it; and (2) causing the building or enclosure where the property is located to be broken open
and the property taken out of the building and if necessary to that end, the sheriff may call the
power of the county to the sheriff's aid. If the party against whom the judgment is directed is not
physically present at the time of entry by the sheriff, then a copy of the judgment must be served
upon any person in possession of the property or if no person is present, a copy of the judgment
must be left on the premises. After taking possession of the property, the sheriff shall turn the
property over to the prevailing party.
    Subd. 6. Jurisdiction; student loans. The conciliation court also has jurisdiction to
determine a civil action commenced by a plaintiff educational institution, including but not
limited to, a state college or university governed by the Board of Trustees of the Minnesota State
Colleges and Universities, with administrative offices in the county in which the conciliation
court is located, to recover the amount of a student loan or loans even though the defendant or
defendants are not residents of the county under the following conditions:
(1) the student loan or loans were originally awarded in the county in which the conciliation
court is located;
(2) notice that payment on the loan is overdue has previously been sent by first class mail to
the borrower to the last known address reported by the borrower to the educational institution; and
(3) the notice states that the educational institution may commence a conciliation court action
in the county where the loan was awarded to recover the amount of the loan.
    Subd. 7. Jurisdiction; foreign defendants. (a) If a foreign corporation is subject by law to
service of process in this state or is subject to service of process outside this state under section
543.19, a conciliation court action may be commenced against the foreign corporation:
(1) in the county where the corporation's registered agent is located;
(2) in the county where the cause of action arose, if the corporation has a place of business in
that county either at the time the cause of action arose or at the time the action was commenced; or
(3) in the county in which the plaintiff resides, if the corporation does not appoint or maintain
a registered agent in this state, withdraws from the state, or the certificate of authority of the
corporation is canceled or revoked.
(b) If a nonresident other than a foreign corporation is subject to service of process outside
this state under section 543.19, a conciliation court action may be commenced against the
nonresident in the county in which the plaintiff resides.
    Subd. 8. Jurisdiction; multiple defendants. The conciliation court also has jurisdiction
to determine a civil action commenced against two or more defendants in the county in which
one or more of the defendants resides. Counterclaims may be commenced in the county where
the original action was commenced.
    Subd. 9. Jurisdiction; rental property. The conciliation court also has jurisdiction to
determine an action for damages arising from the landlord and tenant relationship under chapter
504B or under the rental agreement in the county in which the rental property is located.
    Subd. 10. Jurisdiction; dishonored checks. The conciliation court also has jurisdiction to
determine a civil action commenced by a plaintiff, resident of the county, to recover the amount
of a dishonored check issued in the county, even though the defendant or defendants are not
residents of the county, if the notice of nonpayment or dishonor described in section 609.535,
subdivision 3 , is sent to the maker or drawer as specified in that section and the notice states that
the payee or holder of the check may commence a conciliation court action in the county where
the dishonored check was issued to recover the amount of the check. This subdivision does not
apply to a check that has been dishonored by stop payment order.
History: 1993 c 321 s 2; 1994 c 465 art 1 s 57; 1994 c 502 s 2; 1996 c 395 s 18; 1999 c
199 art 2 s 28; 2003 c 2 art 2 s 15

491A.02 PROCEDURE.
    Subdivision 1. Procedure; rules; forms. The determination of claims in conciliation
court must be without jury trial and by a simple and informal procedure. Conciliation court
proceedings must not be reported. By July 1, 1993, the Supreme Court shall promulgate rules
governing pleading, practice, and procedure for conciliation courts, and shall promulgate uniform
claim and counterclaim forms. The claim and summons must include a conspicuous notice in at
least 10-point bold type regarding the consequences of a failure to appear at a conciliation court
hearing. Each conciliation court shall accept a uniform claim or counterclaim that has been
properly completed and forwarded to the court together with the entire filing fee, if any.
    Subd. 2. Assistance to litigants. Under the supervision of the conciliation court judges, the
court administrator shall explain to litigants the procedure and functions of the conciliation court
and shall on request assist them in filling out all forms and pleading necessary for the presentation
of their claims or counterclaims to the court. The uniform claim and counterclaim forms must
be accepted by any court administrator and shall on request be forwarded together with the
entire filing fee, if any, to the court administrator of the appropriate conciliation court. The court
administrator shall on request assist judgment creditors and debtors in the preparation of the forms
necessary to obtain satisfaction of a final judgment. The performance of duties prescribed in this
subdivision do not constitute the practice of law for purposes of section 481.02, subdivision 8.
    Subd. 3. Fees. The court administrator shall charge and collect the fee established pursuant
to section 357.022, together with applicable law library fees established pursuant to law, from a
plaintiff and from a defendant when the first paper for that party is filed in any conciliation court
action. The rules promulgated by the Supreme Court shall provide for commencement of an
action without payment of fees when a litigant who is a natural person claims an inability to pay
the fees, provided that if the litigant prevails on a claim or counterclaim, the fees must be paid to
the administrator out of any money recovered by the litigant.
    Subd. 4. Representation. (a) A corporation, partnership, limited liability company, sole
proprietorship, or association may be represented in conciliation court by an officer, manager,
or partner or an agent in the case of a condominium, cooperative, or townhouse association, or
may appoint a natural person who is an employee or commercial property manager to appear
on its behalf or settle a claim in conciliation court. The state or a political subdivision of the
state may be represented in conciliation court by an employee of the pertinent governmental
unit without a written authorization. Representation under this subdivision does not constitute
the practice of law for purposes of section 481.02, subdivision 8. In the case of an officer,
employee, commercial property manager, or agent of a condominium, cooperative, or townhouse
association, an authorized power of attorney, corporate authorization resolution, corporate bylaw,
or other evidence of authority acceptable to the court must be filed with the claim or presented
at the hearing. This subdivision also applies to appearances in district court by a corporation or
limited liability company with five or fewer shareholders or members and to any condominium,
cooperative, or townhouse association, if the action was removed from conciliation court.
(b) "Commercial property manager" means a corporation, partnership, or limited liability
company or its employees who are hired by the owner of commercial real estate to perform a
broad range of administrative duties at the property including tenant relations matters, leasing,
repairs, maintenance, the negotiation and resolution of tenant disputes, and related matters. In
order to appear in conciliation court, a property manager's employees must possess a real estate
license under section 82.20 and be authorized by the owner of the property to settle all disputes
with tenants and others within the jurisdictional limits of conciliation court.
(c) A commercial property manager who is appointed to settle a claim in conciliation court
may not charge or collect a separate fee for services rendered under paragraph (a).
    Subd. 5. Installment payments. A judgment ordered may provide for satisfaction by
payments in installments in amounts and at such times, not exceeding one year for the last
installment, as the judge determines to be just and reasonable. If any installment is not paid when
due, the entire balance of the judgment order becomes immediately due and payable.
    Subd. 6. Appeal by removal to district court; trial de novo; notice of costs. The rules
promulgated by the Supreme Court must provide for a right of appeal from the decision of the
conciliation court by removal to the district court for a trial de novo. The notice of order for
judgment must contain a statement that if the removing party does not prevail in district court as
provided in subdivision 7, the opposing party may be awarded an additional $50 as costs.
    Subd. 7. Costs in district court. (a) For the purposes of this subdivision, "removing party"
means the first party who serves or files a demand for removal. "Opposing party" means any party
as to whom the removing party seeks a reversal in whole or in part.
(b) If the removing party prevails in district court, the removing party may recover costs
from the opposing party as though the action were commenced in district court. If the removing
party does not prevail, the court shall order an additional $50 to be paid to the opposing party as
costs. If the removing party is eligible to proceed under section 563.01, the additional $50 costs
may be waived if the court, in its discretion, determines that a hardship exists and that the case
was removed from conciliation court in good faith.
(c) For purposes of this section, the removing party prevails in district court if:
(1) the removing party recovers at least $500 or 50 percent of the amount of value of
property that the removing party requested on removal, whichever is less, when the removing
party was denied any recovery in conciliation court;
(2) the opposing party does not recover any amount or any property from the removing
party in district court when the opposing party recovered some amount or some property in
conciliation court;
(3) the removing party recovers an amount or value of property in district court that exceeds
the amount or value of property that the removing party recovered in conciliation court by at
least $500 or 50 percent, whichever is less; or
(4) the amount or value of property that the opposing party recovers from the removing party
in district court is reduced from the amount or value of property that the opposing party recovered
in conciliation court by at least $500 or 50 percent, whichever is less.
(d) Costs or disbursements in conciliation or district court must not be considered in
determining whether there was a recovery by either party in either court or in determining the
difference in recovery under this section.
    Subd. 8. Appeal from district court. Decisions of the district court on removal from a
conciliation court determination on the merits may be appealed to the Court of Appeals as
in other civil actions.
    Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in rule 518
of the Conciliation Court Rules, unless the parties have otherwise agreed, if a conciliation court
judgment or a judgment of district court on removal from conciliation court has been docketed in
district court, the district court in the county in which the judgment originated shall, upon request
of the judgment creditor, order the judgment debtor to mail to the judgment creditor information
as to the nature, amount, identity, and locations of all the debtor's assets, liabilities, and personal
earning. The information must be provided on a form prescribed by the Supreme Court, and the
information shall be sufficiently detailed to enable the judgment creditor to obtain satisfaction of
the judgment by way of execution on nonexempt assets and earnings of the judgment debtor. The
order must contain a notice that failure to complete the form and mail it to the judgment creditor
within ten days after service of the order may result in a citation for civil contempt of court. Cash
bail posted as a result of being cited for civil contempt of court order under this section may be
ordered payable to the creditor to satisfy the judgment, either partially or fully.
History: 1993 c 321 s 3; 1994 c 502 s 3; 1995 c 254 art 5 s 15; 2004 c 226 s 1

491A.03 JUDGES; ADMINISTRATOR; REPORTER; SUPPLIES.
    Subdivision 1. Judges; referees. The judges of district court shall serve as judges of
conciliation court. In the Second and Fourth Judicial Districts, a majority of the judges of the
district may appoint one or more suitable persons to act as referees in conciliation court; a
majority of the judges of the district shall establish qualifications for the office, specify the duties
and length of service of referees, and fix their compensation not to exceed an amount per day
determined by the chief judge of the judicial district.
    Subd. 2. Administrator. The court administrator of the district court shall serve as the court
administrator of conciliation court. The court administrator shall account for and pay over to the
appropriate official all fees received by the court administrator.
    Subd. 3. Court reporter. Each court reporter appointed by a judge of district court shall, at
the request of the judge, assist that judge in performing the judge's duties as conciliation court
judge. A court reporter may not take official notes of any trial or proceedings in conciliation court.
    Subd. 4. Quarters; supplies. The county in which the court is established shall provide
suitable quarters for the court. Except as otherwise provided by law, all expenses for necessary
blanks, stationery, books, furniture, furnishings, and other supplies for the use of the court and the
officers of the court shall be included in the budget for the court administrator's office provided by
the county board pursuant to section 485.018, subdivision 6.
History: 1993 c 192 s 98; 1993 c 321 s 4