Bill Text: MN SF506 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Conciliation court civil claim limit increase
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2012-05-09 - Secretary of State Chapter 283 05/07/12 [SF506 Detail]
Download: Minnesota-2011-SF506-Engrossed.html
Bill Title: Conciliation court civil claim limit increase
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2012-05-09 - Secretary of State Chapter 283 05/07/12 [SF506 Detail]
Download: Minnesota-2011-SF506-Engrossed.html
1.2relating to courts; increasing conciliation court civil claim limit; appropriating
1.3money;amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to
1.6read:
1.7 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
1.8conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
1.9amount of money or property that is the subject matter of the claim does not exceed: (1)
1.10$7,500; (2) $4,000, (1) $20,000; (2) subject to clause (3), $10,000 if the claim involves
1.11a consumer credit transaction; or (3) $15,000, if the claim involves money or personal
1.12property subject to forfeiture under section
609.5311,
609.5312,
609.5314, or
609.5318
1.13(3) $4,000 if the claim involves a consumer credit transaction and the claim is brought by a
1.14person who purchased the debt instrument or account and who is not the original creditor.
1.15"Consumer credit transaction" means a sale of personal property, or a loan arranged to
1.16facilitate the purchase of personal property, in which:
1.17(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.18lender in credit transactions of the same kind;
1.19(2) the buyer is a natural person;
1.20(3) the claimant is the seller or lender in the transaction; and
1.21(4) the personal property is purchased primarily for a personal, family, or household
1.22purpose and not for a commercial, agricultural, or business purpose.
1.23(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.24territorial jurisdiction of conciliation court is coextensive with the county in which the
2.1court is established. The summons in a conciliation court action under subdivisions 6 to
2.210 may be served anywhere in the state, and the summons in a conciliation court action
2.3under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.4by law. The court administrator shall serve the summons in a conciliation court action
2.5by first class mail, except that if the amount of money or property that is the subject of
2.6the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.7and service on nonresident defendants must be made in accordance with applicable law
2.8or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.9documents at trial may be served anywhere within the state in the manner provided by law.
2.10When a court administrator is required to summon the defendant by certified mail
2.11under this paragraph, the summons may be made by personal service in the manner
2.12provided in the Rules of Civil Procedure for personal service of a summons of the district
2.13court as an alternative to service by certified mail.
2.14EFFECTIVE DATE.This section is effective July 1, 2011, and applies to claims
2.15filed on or after that date.
2.16 Sec. 2. APPROPRIATION.
2.17$158,000 is appropriated for the fiscal year ending June 30, 2012, and $158,000 is
2.18appropriated for the fiscal year ending June 30, 2013, from the general fund to the district
2.19courts for general operations.
1.3money;amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to
1.6read:
1.7 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
1.8conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
1.9amount of money or property that is the subject matter of the claim does not exceed
1.10
1.11a consumer credit transaction
1.12
1.13(3) $4,000 if the claim involves a consumer credit transaction and the claim is brought by a
1.14person who purchased the debt instrument or account and who is not the original creditor.
1.15"Consumer credit transaction" means a sale of personal property, or a loan arranged to
1.16facilitate the purchase of personal property, in which:
1.17(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.18lender in credit transactions of the same kind;
1.19(2) the buyer is a natural person;
1.20(3) the claimant is the seller or lender in the transaction; and
1.21(4) the personal property is purchased primarily for a personal, family, or household
1.22purpose and not for a commercial, agricultural, or business purpose.
1.23(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.24territorial jurisdiction of conciliation court is coextensive with the county in which the
2.1court is established. The summons in a conciliation court action under subdivisions 6 to
2.210 may be served anywhere in the state, and the summons in a conciliation court action
2.3under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.4by law. The court administrator shall serve the summons in a conciliation court action
2.5by first class mail, except that if the amount of money or property that is the subject of
2.6the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.7and service on nonresident defendants must be made in accordance with applicable law
2.8or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.9documents at trial may be served anywhere within the state in the manner provided by law.
2.10When a court administrator is required to summon the defendant by certified mail
2.11under this paragraph, the summons may be made by personal service in the manner
2.12provided in the Rules of Civil Procedure for personal service of a summons of the district
2.13court as an alternative to service by certified mail.
2.14EFFECTIVE DATE.This section is effective July 1, 2011, and applies to claims
2.15filed on or after that date.
2.16 Sec. 2. APPROPRIATION.
2.17$158,000 is appropriated for the fiscal year ending June 30, 2012, and $158,000 is
2.18appropriated for the fiscal year ending June 30, 2013, from the general fund to the district
2.19courts for general operations.
