Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 575-H.F.No. 1466 
           An act relating to courts; providing procedures for 
          collection of conciliation court judgments; requiring 
          conciliation court clerks to explain procedures of 
          conciliation court to litigants and to assist them in 
          filling out forms; amending Minnesota Statutes 1982, 
          sections 487.30, by adding subdivisions; 488A.13, 
          subdivision 2; 488A.16, subdivisions 1 and 8; 488A.30, 
          subdivision 2; 488A.33, subdivisions 1 and 7; and 
          488A.34, subdivision 9. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 487.30, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SATISFACTION OF JUDGMENT.] If (1) a conciliation 
court judgment has been docketed in county court for a period of 
at least 30 days, (2) the judgment is not satisfied, and (3) the 
parties have not otherwise agreed, the county court shall, upon 
the request of the judgment creditor, order the judgment debtor 
to mail to the judgment creditor information as to the nature, 
amount, identity, and location of all his assets, liabilities, 
and personal earnings.  The information shall be provided on a 
form prescribed by the supreme court and shall be sufficiently 
detailed to enable the judgment creditor to obtain satisfaction 
of the judgment by way of execution on nonexempt assets and 
earnings of the judgment debtor.  The form shall be written in a 
clear and coherent manner using words with common and everyday 
meanings, shall summarize the execution and garnishment 
exemptions and limitations applicable to assets and earnings, 
and shall permit the judgment debtor to identify on the form 
those assets and earnings that he considers to be exempt from 
execution or garnishment.  The order shall contain a notice that 
failure to complete the form and mail it to the judgment 
creditor within ten days after service of the order may result 
in a citation for contempt of court unless the judgment is 
satisfied prior to the expiration of that period.  A judgment 
debtor who intentionally fails to comply with the order of the 
court may be cited for civil contempt of court.  
    Sec. 2.  Minnesota Statutes 1982, section 487.30, is 
amended by adding a subdivision to read:  
    Subd. 6.  [CLERK'S DUTIES.] Under the supervision of the 
conciliation court judges, the clerk shall explain to litigants 
the procedures and functions of the conciliation court and shall 
assist them in filling out all forms and pleadings necessary for 
the presentation of their claims or counterclaims to the court. 
The clerk shall assist judgment creditors and judgment debtors 
in the preparation of the forms necessary to obtain satisfaction 
of a final judgment.  The performance of duties described in 
this subdivision shall not constitute the practice of law.  
    Sec. 3.  Minnesota Statutes 1982, section 487.30, is 
amended by adding a subdivision to read:  
    Subd. 7.  [NOTICE OF COSTS ON REMOVAL.] A notice of order 
for judgment shall contain a statement that if the cause is 
removed to county court, the court may, in its discretion, allow 
the prevailing party to recover from the aggrieved party an 
amount not to exceed $50 as costs if the prevailing party on 
appeal is not the aggrieved party in the original action.  
    Sec. 4.  Minnesota Statutes 1982, section 487.30, is 
amended by adding a subdivision to read:  
    Subd. 8.  [COSTS AND DISBURSEMENTS FOR PREVAILING PARTY ON 
REMOVAL.] (a) The prevailing party in a removed cause may tax 
and recover from the other party costs as provided by rules of 
the supreme court; except that if the prevailing party, on 
appeal, is not the aggrieved party in the original action, the 
court may, in its discretion, allow such prevailing party to tax 
and recover from the aggrieved party an amount not to exceed $50 
as costs.  
    (b) For the purpose of this subdivision, an "aggrieved 
party" means the party who demands removal to county court and 
means the first party who serves, or files in lieu of serving, a 
demand for removal if another party also demands removal, and an 
"opposing party" means any party as to whom the aggrieved party 
seeks a reversal in whole or in part by removal of the cause to 
county court.  
    (c) The aggrieved party is the prevailing party in county 
court:  
    (1) If the aggrieved party recovers any amount or any 
property in county court when the aggrieved party had been 
denied recovery of any amount or any property by the 
conciliation judge, 
    (2) If the opposing party does not recover any amount or 
any property from the aggrieved party in county court when the 
opposing party had recovered some amount or some property by the 
order of the conciliation judge, 
    (3) If the aggrieved party recovers an amount or value of 
property in county court which is at least $25 in excess of the 
amount or value of property which the aggrieved party recovered 
by the order of the conciliation judge, or 
    (4) If the opposing party recovers from the aggrieved party 
an amount or value of property in county court which is at least 
$25 less than the amount or value of property which the opposing 
party recovered by the order of the conciliation judge.  
    (d) In all other situations the opposing party shall be 
deemed to be the prevailing party in county court.  
    (e) Costs or disbursements in the conciliation or county 
court shall not be considered in determining whether there was a 
recovery by either party in either court or in determining the 
difference in recovery under this subdivision.  
    Sec. 5.  Minnesota Statutes 1982, section 488A.13, 
subdivision 2, is amended to read: 
    Subd. 2.  [CLERK OF MUNICIPAL COURT; DUTIES; RECORDS.] (a) 
The clerk of the municipal court shall serve as the clerk of the 
conciliation court.  He shall delegate deputy clerks of the 
municipal court to assist him in performing his duties under 
this act sections 488A.12 to 488A.17.  The clerk shall keep such 
the records and accounts and perform such other duties as may be 
prescribed by the judges.  He shall account for and pay over to 
the county of Hennepin all fees received by him in the same 
fashion as required in his capacity as clerk of municipal court. 
    Under the supervision of the conciliation court judges, the 
clerk shall explain to litigants the procedures and functions of 
the conciliation court and shall assist them in filling out all 
forms and pleadings necessary for the presentation of their 
claims or counterclaims to the court.  The clerk shall assist 
judgment creditors and judgment debtors in the preparation of 
the forms necessary to obtain satisfaction of a final judgment. 
The performance of duties described in this subdivision shall 
not constitute the practice of law.  
    (b) The clerk may, upon the consent of all the judges of 
municipal court of the county of Hennepin, destroy or dispose of 
all the following files and records of said the court, which 
have been on file for more than 20 years: 
    (1) Complaint files; 
    (2) Transcript receipts; 
    (3) Cash receipt books; 
    (4) Cancelled checks.  
    Sec. 6.  Minnesota Statutes 1982, section 488A.16, 
subdivision 1, is amended to read:  
    Subdivision 1.  [NOTICE OF ORDER.] The clerk shall promptly 
mail to each party a notice of the order for judgment which the 
judge enters.  The notice shall state the number of days allowed 
for obtaining an order to vacate where there has been a default 
or for removing the cause to municipal court.  The notice shall 
contain a statement that if the cause is removed to municipal 
court, the court may, in its discretion, allow the prevailing 
party to recover from the aggrieved party an amount not to 
exceed $50 as costs if the prevailing party on appeal is not the 
aggrieved party in the original action.  
    Sec. 7.  Minnesota Statutes 1982, section 488A.16, 
subdivision 8, is amended to read: 
    Subd. 8.  [DOCKETING AND ENFORCEMENT IN MUNICIPAL COURT.] 
When a judgment has become finally effective under subdivision 
2, the judgment creditor may obtain a transcript of the judgment 
from the clerk of conciliation court on payment of a fee of 
fifty cents therefor and file it with the clerk of the municipal 
court of the county of Hennepin.  After filing of the 
transcript, the judgment becomes, and is enforceable as, a 
judgment of the municipal court.  No writ of execution or 
garnishment summons may be issued out of conciliation court.  If 
(1) a conciliation court judgment has been docketed as a 
municipal court judgment for a period of at least 30 days, (2) 
the judgment is not satisfied, and (3) the parties have not 
otherwise agreed, the municipal court shall, upon the request of 
the judgment creditor, order the judgment debtor to mail to the 
judgment creditor information as to the nature, amount, 
identity, and location of all his assets, liabilities, and 
personal earnings. The information shall be provided on a form 
prescribed by the supreme court and shall be sufficiently 
detailed to enable the judgment creditor to obtain satisfaction 
of the judgment by way of execution on nonexempt assets and 
earnings of the judgment debtor.  The form shall be written in a 
clear and coherent manner using words with common and everyday 
meanings, shall summarize the execution and garnishment 
exemptions and limitations applicable to assets and earnings, 
and shall permit the judgment debtor to identify on the form 
those assets and earnings that he considers to be exempt from 
execution or garnishment.  The order shall contain a notice that 
failure to complete the form and mail it to the judgment 
creditor within ten days after service of the order may result 
in a citation for contempt of court unless the judgment is 
satisfied prior to the expiration of that period.  A judgment 
debtor who intentionally fails to comply with the order of the 
court may be cited for civil contempt of court.  
    Sec. 8.  Minnesota Statutes 1982, section 488A.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTRATOR, DUTIES.] The administrator of the 
municipal court shall serve as the administrator of the 
conciliation court.  He shall delegate necessary employees of 
the municipal court to assist him in performing his duties under 
this act sections 488A.29 to 488A.34.  The administrator shall 
keep such the records and accounts and perform such other duties 
as may be prescribed by the judges.  He shall account for and 
pay over to the county of Ramsey all fees received by him in the 
same fashion as required in his capacity as administrator of 
municipal court.  
    Under the supervision of the conciliation court judges, the 
administrator of the conciliation court shall explain to 
litigants the procedures and functions of the conciliation court 
and shall assist them in filling out all forms and pleadings 
necessary for the presentation of their claims or counterclaims 
to the court.  The administrator shall assist judgment creditors 
and judgment debtors in the preparation of the forms necessary 
to obtain satisfaction of a final judgment.  The performance of 
duties described in this subdivision shall not constitute the 
practice of law.  
    Sec. 9.  Minnesota Statutes 1982, section 488A.33, 
subdivision 1, is amended to read:  
    Subdivision 1.  [NOTICE OF ORDER.] The administrator shall 
promptly mail to each party a notice of the order for judgment 
which the judge enters.  The notice shall state the number of 
days allowed for obtaining an order to vacate where there has 
been a default or for removing the cause to municipal court.  
The notice shall also contain a statement that if the cause is 
removed to municipal court, the court may, in its discretion, 
allow the prevailing party to recover from the aggrieved party 
an amount not to exceed $50 as costs if the prevailing party on 
appeal is not the aggrieved party in the original action.  
    Sec. 10.  Minnesota Statutes 1982, section 488A.33, 
subdivision 7, is amended to read: 
    Subd. 7.  [DOCKETING AND ENFORCEMENT IN MUNICIPAL COURT.] 
When a judgment has become final under subdivision 2, the 
judgment creditor may obtain a transcript of the judgment from 
the administrator of conciliation court and file it with the 
administrator of the municipal court upon payment of the filing 
fees as prescribed for the municipal court.  After filing of the 
transcript, the judgment becomes, and is enforceable as, a 
judgment of the municipal court.  A transcript of a judgment 
payable in installments may not be so obtained and filed until 
20 days after default in the payment of an installment.  No writ 
of execution nor garnishment summons may be issued out of 
conciliation court.  If (1) a transcript of a judgment has been 
filed for a period of at least 30 days, (2) the judgment is not 
satisfied or an installment of it remains overdue, and (3) the 
parties have not otherwise agreed, the municipal court shall, 
upon the request of the judgment creditor, order the judgment 
debtor to mail to the judgment creditor information as to the 
nature, amount, identity, and location of all his assets, 
liabilities, and personal earnings.  The information shall be 
provided on a form prescribed by the supreme court and shall be 
sufficiently detailed to enable the judgment creditor to obtain 
satisfaction of the judgment by way of execution on nonexempt 
assets and earnings of the judgment debtor.  The form shall be 
written in a clear and coherent manner using words with common 
and everyday meanings, shall summarize the execution and 
garnishment exemptions and limitations applicable to assets and 
earnings, and shall permit the judgment debtor to identify on 
the form those assets and earnings that he considers to be 
exempt from execution or garnishment.  The order shall contain a 
notice that failure to complete the form and mail it to the 
judgment creditor within ten days after service of the order may 
result in a citation for contempt of court unless the judgment 
is satisfied prior to the expiration of that period.  A judgment 
debtor who intentionally fails to comply with the order of the 
court may be cited for civil contempt of court.  
    Sec. 11.  Minnesota Statutes 1982, section 488A.34, 
subdivision 9, is amended to read:  
    Subd. 9.  [COSTS AND DISBURSEMENTS FOR PREVAILING PARTY.] 
(a) The prevailing party in a removed cause may tax and recover 
from the other party costs and disbursements as though the 
action was originally commenced in the municipal court; except 
that if the prevailing party, on appeal, is not the aggrieved 
party in the original action, the court may, in its discretion, 
allow such prevailing party to tax and recover from the 
aggrieved party an amount not to exceed $50 as costs.  
    (b) For the purpose of this subdivision, an "aggrieved 
party" means the party who demands removal to municipal court 
and means the first party who serves, or files in lieu of 
serving, a demand for removal if another party also demands 
removal, and an "opposing party" means any party as to whom the 
aggrieved party seeks a reversal in whole or in part by removal 
of the cause to municipal court.  
    (c) The aggrieved party is the prevailing party in 
municipal court:  
    (1) If the aggrieved party recovers any amount or any 
property in municipal court when the aggrieved party had been 
denied recovery of any amount or any property by the 
conciliation judge, 
    (2) If the opposing party does not recover any amount or 
any property from the aggrieved party in municipal court when 
the opposing party had recovered some amount or some property by 
the order of the conciliation judge, 
    (3) If the aggrieved party recovers an amount or value of 
property in municipal court which is at least $25 in excess of 
the amount or value of property which the aggrieved party 
recovered by the order of the conciliation judge, or 
    (4) If the opposing party recovers from the aggrieved party 
an amount or value of property in municipal court which is at 
least $25 less than the amount or value of property which the 
opposing party recovered by the order of the conciliation judge. 
    (d) In all other situations the opposing party shall be 
deemed to be the prevailing party in municipal court.  
    (e) Costs or disbursements in the conciliation or municipal 
court shall not be considered in determining whether there was a 
recovery by either party in either court or in determining the 
difference in recovery under this subdivision. 
    Approved April 26, 1984