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SF 506

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/03/2012 03:35pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to courts; increasing conciliation court civil claim limit; appropriating
money; amending Minnesota Statutes 2010, section 491A.01, subdivision 3.

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

Section 1.

Minnesota Statutes 2010, section 491A.01, subdivision 3, 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 exceeddeleted text begin: (1)
$7,500; (2) $4,000,
deleted text end new text begin(1) $20,000; (2) subject to clause (3), $10,000 new text endif the claim involves
a consumer credit transactiondeleted text begin; or (3) $15,000, if the claim involves money or personal
property subject to forfeiture under section 609.5311, 609.5312, 609.5314, or 609.5318
deleted text endnew text begin; or
(3) $4,000 if the claim involves a consumer credit transaction and the claim is brought by a
person who purchased the debt instrument or account and who is not the original creditor
new text end.
"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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to claims
filed on or after that date.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $158,000 is appropriated for the fiscal year ending June 30, 2012, and $158,000 is
appropriated for the fiscal year ending June 30, 2013, from the general fund to the district
courts for general operations.
new text end