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SF 506

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/18/2012 10:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to courts; increasing conciliation court civil claim limits; amending
Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended, by adding
a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended by
Laws 2012, chapter 128, section 15, is amended to read:


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:
(1) deleted text begin$7,500deleted text endnew text begin $10,000new text end; (2) $4,000, if the claim involves a consumer credit transaction; or
(3) $15,000, if the claim involves money or personal property subject to forfeiture under
section 84.7741, 169A.63, 609.5311, 609.5312, 609.5314, or 609.5318. "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.

new text begin (c) This subdivision expires August 1, 2014.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to claims
filed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 491A.01, is amended by adding a subdivision
to read:


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
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: (1)
$15,000; or (2) $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:
new text end

new text begin (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;
new text end

new text begin (2) the buyer is a natural person;
new text end

new text begin (3) the claimant is the seller or lender in the transaction; and
new text end

new text begin (4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to claims
filed on or after that date.
new text end

Sec. 3. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall correct the threshold monetary amount wherever it appears in
Minnesota Statutes consistent with changes in section 1.
new text end

new text begin (b) The revisor shall correct the threshold monetary amount and statutory cross
references wherever they appear in Minnesota Statutes consistent with changes in section
2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2012, and paragraph
(b) is effective August 1, 2014.
new text end