SF 506
2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)
Posted on 04/24/2012 02:57 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to courts; increasing conciliation court civil claim limit;amending
1.3Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended, by adding
1.4a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended by
1.7Laws 2012, chapter 128, section 15, is amended to read:
1.8 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
1.9the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
1.10the amount of money or property that is the subject matter of the claim does not exceed:
1.11(1) $7,500new text begin $10,000new text end ; (2) $4,000, if the claim involves a consumer credit transaction; or
1.12(3) $15,000, if the claim involves money or personal property subject to forfeiture under
1.13section
84.7741,
169A.63,
609.5311,
609.5312,
609.5314, or
609.5318. "Consumer credit
1.14transaction" means a sale of personal property, or a loan arranged to facilitate the purchase
1.15of personal property, in which:
1.16(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.17lender in credit transactions of the same kind;
1.18(2) the buyer is a natural person;
1.19(3) the claimant is the seller or lender in the transaction; and
1.20(4) the personal property is purchased primarily for a personal, family, or household
1.21purpose and not for a commercial, agricultural, or business purpose.
1.22(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.23territorial jurisdiction of conciliation court is coextensive with the county in which the
1.24court is established. The summons in a conciliation court action under subdivisions 6 to
2.110 may be served anywhere in the state, and the summons in a conciliation court action
2.2under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.3by law. The court administrator shall serve the summons in a conciliation court action
2.4by first class mail, except that if the amount of money or property that is the subject of
2.5the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.6and service on nonresident defendants must be made in accordance with applicable law
2.7or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.8documents at trial may be served anywhere within the state in the manner provided by law.
2.9When a court administrator is required to summon the defendant by certified mail
2.10under this paragraph, the summons may be made by personal service in the manner
2.11provided in the Rules of Civil Procedure for personal service of a summons of the district
2.12court as an alternative to service by certified mail.
2.13new text begin (c) This subdivision expires August 1, 2014.new text end
2.14new text begin EFFECTIVE DATE.new text end new text begin Except for paragraph (c), this section is effective August 1, new text end
2.15new text begin 2012, and applies to claims filed on or after that date.new text end
2.16 Sec. 2. Minnesota Statutes 2010, section 491A.01, is amended by adding a subdivision
2.17to read:
2.18 new text begin Subd. 3a.new text end new text begin Jurisdiction; general.new text end new text begin (a) Except as provided in subdivisions 4 and 5, the new text end
2.19new text begin conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the new text end
2.20new text begin amount of money or property that is the subject matter of the claim does not exceed: (1) new text end
2.21new text begin $15,000; or (2) $4,000, if the claim involves a consumer credit transaction. "Consumer new text end
2.22new text begin credit transaction" means a sale of personal property, or a loan arranged to facilitate the new text end
2.23new text begin purchase of personal property, in which:new text end
2.24new text begin (1) credit is granted by a seller or a lender who regularly engages as a seller or new text end
2.25new text begin lender in credit transactions of the same kind;new text end
2.26new text begin (2) the buyer is a natural person;new text end
2.27new text begin (3) the claimant is the seller or lender in the transaction; andnew text end
2.28new text begin (4) the personal property is purchased primarily for a personal, family, or household new text end
2.29new text begin purpose and not for a commercial, agricultural, or business purpose.new text end
2.30new text begin (b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the new text end
2.31new text begin territorial jurisdiction of conciliation court is coextensive with the county in which the new text end
2.32new text begin court is established. The summons in a conciliation court action under subdivisions 6 to new text end
2.33new text begin 10 may be served anywhere in the state, and the summons in a conciliation court action new text end
2.34new text begin under subdivision 7, paragraph (b), may be served outside the state in the manner provided new text end
2.35new text begin by law. The court administrator shall serve the summons in a conciliation court action new text end
3.1new text begin by first class mail, except that if the amount of money or property that is the subject of new text end
3.2new text begin the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, new text end
3.3new text begin and service on nonresident defendants must be made in accordance with applicable law new text end
3.4new text begin or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of new text end
3.5new text begin documents at trial may be served anywhere within the state in the manner provided by law.new text end
3.6new text begin When a court administrator is required to summon the defendant by certified mail new text end
3.7new text begin under this paragraph, the summons may be made by personal service in the manner new text end
3.8new text begin provided in the Rules of Civil Procedure for personal service of a summons of the district new text end
3.9new text begin court as an alternative to service by certified mail.new text end
3.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to claims new text end
3.11new text begin filed on or after that date.new text end
3.12 Sec. 3. new text begin REVISOR'S INSTRUCTION.new text end
3.13new text begin (a) The revisor shall correct the threshold monetary amount wherever it appears in new text end
3.14new text begin Minnesota Statutes consistent with changes in section 1.new text end
3.15new text begin (b) The revisor shall correct the threshold monetary amount and statutory cross new text end
3.16new text begin references wherever they appear in Minnesota Statutes consistent with changes in section new text end
3.17new text begin 2.new text end
3.18new text begin EFFECTIVE DATE.new text end new text begin Paragraph (a) is effective August 1, 2012, and paragraph new text end
3.19new text begin (b) is effective August 1, 2014.new text end