Minnesota Legislature
SF 506
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 02:22pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to courts; increasing conciliation court civil claim limit;amending
1.3Minnesota 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, $10,000 or $5,000 if the claim involves a consumer credit transaction;
1.11or(3) (2) $15,000, if the claim involves money or personal property subject to forfeiture
1.12under section609.5311 ,
609.5312 ,
609.5314 , or
609.5318 . "Consumer credit transaction"
1.13means a sale of personal property, or a loan arranged to facilitate the purchase of personal
1.14property, in which:
1.15(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.16lender in credit transactions of the same kind;
1.17(2) the buyer is a natural person;
1.18(3) the claimant is the seller or lender in the transaction; and
1.19(4) the personal property is purchased primarily for a personal, family, or household
1.20purpose and not for a commercial, agricultural, or business purpose.
1.21(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.22territorial jurisdiction of conciliation court is coextensive with the county in which the
1.23court is established. The summons in a conciliation court action under subdivisions 6 to
1.2410 may be served anywhere in the state, and the summons in a conciliation court action
2.1under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.2by law. The court administrator shall serve the summons in a conciliation court action
2.3by first class mail, except that if the amount of money or property that is the subject of
2.4the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.5and service on nonresident defendants must be made in accordance with applicable law
2.6or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.7documents at trial may be served anywhere within the state in the manner provided by law.
2.8When a court administrator is required to summon the defendant by certified mail
2.9under this paragraph, the summons may be made by personal service in the manner
2.10provided in the Rules of Civil Procedure for personal service of a summons of the district
2.11court as an alternative to service by certified mail.
2.12EFFECTIVE DATE.This section is effective August 1, 2012, and applies to claims
2.13filed on or after that date.
2.14 Sec. 2. REVISOR'S INSTRUCTION.
2.15The revisor shall correct the threshold jurisdictional monetary amount wherever it
2.16appears in Minnesota Statutes consistent with changes in section 1.
2.17EFFECTIVE DATE.This section is effective August 1, 2012.
1.3Minnesota 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
1.11or
1.12under section
1.13means a sale of personal property, or a loan arranged to facilitate the purchase of personal
1.14property, in which:
1.15(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.16lender in credit transactions of the same kind;
1.17(2) the buyer is a natural person;
1.18(3) the claimant is the seller or lender in the transaction; and
1.19(4) the personal property is purchased primarily for a personal, family, or household
1.20purpose and not for a commercial, agricultural, or business purpose.
1.21(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.22territorial jurisdiction of conciliation court is coextensive with the county in which the
1.23court is established. The summons in a conciliation court action under subdivisions 6 to
1.2410 may be served anywhere in the state, and the summons in a conciliation court action
2.1under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.2by law. The court administrator shall serve the summons in a conciliation court action
2.3by first class mail, except that if the amount of money or property that is the subject of
2.4the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.5and service on nonresident defendants must be made in accordance with applicable law
2.6or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.7documents at trial may be served anywhere within the state in the manner provided by law.
2.8When a court administrator is required to summon the defendant by certified mail
2.9under this paragraph, the summons may be made by personal service in the manner
2.10provided in the Rules of Civil Procedure for personal service of a summons of the district
2.11court as an alternative to service by certified mail.
2.12EFFECTIVE DATE.This section is effective August 1, 2012, and applies to claims
2.13filed on or after that date.
2.14 Sec. 2. REVISOR'S INSTRUCTION.
2.15The revisor shall correct the threshold jurisdictional monetary amount wherever it
2.16appears in Minnesota Statutes consistent with changes in section 1.
2.17EFFECTIVE DATE.This section is effective August 1, 2012.