Education for Justice FACT SHEET C-2 Fall 2009

WHAT TO DO IF YOU ARE SUED

Are you being sued in Conciliation Court or District Court? If it is Conciliation Court, the papers will come from the Court. You may get them in the mail. They will tell you the time and date of the hearing and give you a short statement of the claim. If it is District Court, the papers will come from the people suing you, or their lawyer. The papers need to be “served” on you or someone in your household. The papers won’t have a court date on them.

CONCILIATION COURT

Conciliation Court is a small claims court for cases up to $7,500. You don’t need a lawyer in Conciliation Court. You don’t need to file a written answer to the claim against you. But if you want to make your own claim against the person suing you, you need to file a counterclaim at least 5 working days before the court date. Go to the court clerk to fill out the form.

You can settle your case with an agreement. For example, you can agree to pay the other side some money, but not as much as they asked for. You might set up a payment plan. Call or write the other side with your proposal. You and the other side could meet with a mediator before the court date. Mediators are trained to help settle disputes. Call First Call for Help statewide at 211 (or (651) 291-0211from a cell phone) for mediation programs in your area. Put any agreement in writing! Both parties must sign and date it. Then take the agreement to court on your hearing date, and have the court make it into an order. This will help protect you in case there is a disagreement later.

You must go to court on time, or you’ll lose by default. If you can’t go, call the court right away. If you miss court, you have 20 days to ask for another hearing. You’ll need to show that you never got the court papers, or that you had an emergency, like being in the hospital. In rare cases, you can ask for a new hearing as much as 6 months later.

Prepare for court:

· Write a list of everything you need to say.

· Talk to witnesses and ask them to come to the hearing. Testimony in court is much better than a written statement from them. Judges may not take a written statement. If an important witness won’t come, ask the court clerk for a “subpoena”. A subpoena is an order to come or bring evidence to court.

· If the person suing you has papers or evidence they won’t give you, ask the court clerk about a subpoena for the evidence.

· Practice stating your case to a friend as if you are in court.

· Bring all your evidence to court: photos, letters, receipts, estimates, leases. You need to prove your case and show evidence that you do not owe the money

· Go watch a Conciliation Court hearing to see how they work.

· At the hearing, be very polite to the court and the other side. Don’t interrupt when others are talking. Don’t get mad at what the other side says. Your case depends on the impression you make!

If you lose, you have 20 days from the date of the order to ask for a new trial in District Court. Call a lawyer right away for help because District Court can be complicated. You can be ordered to pay the other side’s costs if you ask for a new trial and lose.

DISTRICT COURT

District Court is more complicated than Conciliation Court. If possible, see a lawyer right away. If you have a low income, call your legal aid office. If you are being sued in District Court, you will get papers called a “Summons and Complaint”.

You must make a written answer to the complaint within 20 days from the time you got the papers. If you don’t answer the complaint you will automatically lose the case by default. Your answer must say why you don’t owe the money that they claim. Mail your answer to the other side’s lawyer (or to them directly, if they have no lawyer). Keep a copy for yourself. Write down the date you mailed it. If you were sued and didn’t respond on time, see a lawyer right away. Sometimes you can get the case re-opened.

After you answer, you might get other papers. You must respond to ALL papers even if you have already answered the complaint. These papers can be called “Interrogatories,” “Requests for Documents,” or “Request for Admission.” Do not ignore these papers. You must answer them. Be sure to go to all scheduled court dates.

The court will probably ask both sides to try to settle the case. You and the other side can choose a mediator to help you try to reach an agreement. You might agree to pay some of the money they claim you owe, or to set up a payment plan.

If you are not using a lawyer, go to your county law library to get more information about the court process and about the laws involved in your case. If you have a trusted friend, relative, or adviser, ask them to help you through the process. Prepare for court the same way as explained above.

IF YOU LOSE IN COURT

If you lose in Conciliation Court or District Court, the other side will get a judgment. This is an order that you pay them money. If you don’t pay, they may try to collect it. They can garnish (take money out of) your paycheck or bank account. Your paycheck or bank account can also be garnished if you do not answer the complaint in the required time or if you fail to show up to court. That is why it is so important not to ignore a lawsuit against you. The law keeps a certain amount of your money safe from garnishment. If you were on public aid in the last 6 months, usually none of your money can be taken. See our fact sheet, Garnishment and Your Rights.

The judgment will stay on your record for at least 7 years. It will show up when you apply for credit.

Minneapolis Legal Aid – CLE MN Legal Services Coalition 2324 University Avenue W. – Suite 101B St. Paul, MN 55114

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