Many times, these questions evolve into quasi-serious inquiries about a legal matter that your fellow partygoer wants some advice on, frequently a trivial (read: non billable hours) dispute with a next-door neighbor or local auto mechanic.  What you are really being asked about is small claims court or, as it is known in Minnesota, Conciliation Court.

Conciliation Court is an odd legal forum where litigants rarely bother to wear appropriate court attire, legal arguments are not always eloquent, and courtroom procedure is loosely applied.  But, it is an affordable alternative for people looking for civil justice without hiring an attorney. 

Procedure

Conciliation Court is not expensive.  In Hennepin County, for $55 a plaintiff can file a claim for any case in which less than $7,500 is sought (either in cash or in the value of property for a replevin case).  These cases can be filed by mail (requiring a notarized signature) or in person at Hennepin County’s Conciliation Court, in the Minneapolis City Hall.  The cases will all be heard at the Minneapolis location.  When filling out the one-page form, the plaintiff should cite any statute or ordinance that the referee should be aware of before the hearing.

Service of process is done by the court’s mailing a copy of the complaint, with the date assigned, to both parties.  Cases are usually scheduled within four to six weeks of the plaintiff’s filing the claim.  Witnesses can be subpoenaed ($12 is the charge from the court) and must be paid the standard mileage (28 cents per mile) and witness fee ($20) that must be paid upon service.  Interpreters are available for litigants, but should be requested with as much advance notice as possible.  Mediation may be required and is usually available at the courthouse.  Occasionally parties may attempt to use this nonbinding mediation as a mini-hearing, but the mediator’s actual function is to see if a settlement can be reached.

The rules of civil procedure are quite relaxed in Conciliation Court.  There are no objections, no cross-examination, and no formal introductions of evidence.  In many ways, Conciliation Court mirrors The People’s Court, Judge Judy, or other similar shows seen on TV typically during daytime hours.¹

According to Kay Richards, court operations supervisor, the actual referees or judges that hear the cases are usually lawyers who practice in Hennepin County and who have over five years of experience.  The roster includes approximately 100 different attorneys, who average three calendars per year.

How to Increase the Odds in Small Claims Court

I have advised literally hundreds of tenants on how to prepare for Conciliation Court against their landlords, and I have watched a multitude of such cases.  Consequently, I have noticed the things that seem to matter most in this setting.  While none of the following is revelatory, it is the kind of common-sense advice that people need to succeed in small claims court.

Before filing, the first step is to figure out if there is a legitimate claim.  Assuming this is the case, settlement attempts are usually wise.  Some people actually send the defendant a copy of the completed Conciliation Court form which shows that they are capable of finding the form (in Hennepin County, this is available online at www.mncourts.gov/district/4/?page=395) and are ready to file.

Once the case is filed, the plaintiff should prepare to appear in court.  This starts by figuring out what needs to be proven.  The plaintiff should focus on proving the key element(s) claimed in the complaint, and nothing more. 

When it comes to proof, less seems to be much more effective.  For example, if a plaintiff has 15 pictures that show the same thing from different angles, the judge would be much happier to see the best picture or two instead of all 15.  In most cases, photos are preferable to videos.  (If plaintiffs plan on using a video, they should check with the clerk about being able to show it or bring a device to play it for the judge.) 

If witnesses are to testify, they should limit their statements to what is relevant.

Whatever evidence the plaintiff has should be brought to court (with copies for the judge, for the defendant, and for the plaintiff).  It is a good idea to highlight the most important part of a document so the judge can find the portion that matters quickly.

There is probably no surer way to lose a case in Conciliation Court than by forgetting to bring a critical piece of evidence.  If either party says, “I have a receipt, but I didn’t bring it,” the judge may question the credibility of that individual.

Avoid Common Mistakes

Here are some rules of courtroom decorum for potential plaintiffs:

1.         Don’t be late—you will lose by default.

2.         Don’t eat, chew gum, or drink in court.  Don’t smoke.  (Do I even need to say this anymore?)

3.         Turn off cell phones and pagers.

4.         Don’t interrupt your opponent or—more importantly—the judge.

5.         Be respectful and professional.

6.         Stay relevant.  The most common mistake I have witnessed in Conciliation Court is that people tend to talk if there is any amount of silence.  Sometimes, the judge is writing notes and wants a minute to collect his or her thoughts.  Keep focused; if you find yourself talking about something that does not prove what you alleged in the complaint, there is a good chance it is not relevant.

Outcomes

Rarely is a party in a Conciliation Court case informed of the decision at the end of the hearing.  Usually decisions are announced by mail within a week.  The results are stated briefly—how much the moving party won, if anything.  An explanation is usually not given. 

Either side can appeal the Conciliation Court decision by filing for an appeal to district court within 20 days.  Less than 10 percent of all nondefault cases are appealed; the $252 filing fee to district court acts as an appeal-deterrent.  Almost 50 percent of cases end up with default judgments (where one side hasn’t appeared).

The winning party should obtain a copy of the brochure from Conciliation Court that outlines how to collect a judgment.  None of the steps necessary to enforce a judgment are especially difficult, but they must be followed (these steps range from transcribing the judgment into a district court judgment to tracking down the debtor’s assets).  Any costs associated with these efforts are passed on to the debtor.

Of course, none of these debt collection efforts will work if the debtor does not have any money.  However, a district court judgment, which lasts for 10 years, has a devastating effect on the debtor’s credit, which frequently leads to payment (or at least meaningful settlement discussions) within 10 years.

Conclusion

The final bit of advice you may wish to give your fellow partygoer is to watch a couple of cases in person at City Hall.  Check the calendar for when cases are scheduled; they are all open to the public.  If the potential plaintiffs can’t make it to court to observe a real court in action, perhaps viewing a few episodes of their favorite TV judge will at least make obvious the type of behavior judges don’t wish to see in their courtrooms, thus improving their chances of success. 

¹               The author finds the original Judge Wapner-led The People’s Court to be the best (and closest relative to actual small claims court) example of this type of televised small claims court.  Wapner rarely yelled at or berated litigants and tried to maintain a fair level of decorum.  More recent court shows apparently prefer to demean and insult the litigants in a manner popularized on The Jerry Springer Show.