• Why Choose Us

    Small firm service with big firm expertise. We are a general practice law firm where you work with an attorney who concentrates in one area of practice. 
    +Read More
  • Personal Injury

    As personal Injury attorneys we work to get you fair compensation for your injuries. We care about you and your family and want to help make things right for you. 
    +Read More
  • Business Law

    Helping your business grow and remain strong. We are business attorneys that provide you with focused legal advice you can depend on. 
    +Read More
  • Family Law / Divorce

    Helping your family with divorce, estate planning an other family events. We are family law attorneys that provide you with focused legal advice you can depend on. 
    +Read More
  • Probate

    You can help your family handle your estate by planning ahead. We are probate attorneys that provide you with focused legal advice you and your family can depend on. 
    +Read More
  • Real Estate

    Are you buying or selling real estate with or without the assistance of a real estate agent? We are real estate attorneys experienced in protecting your interests in real estate transactions. 
    +Read More
  • Estate Planning

    A good estate plan allows you to retain control of your of your assets in your later years. We are estate planning attorneys experienced in helping you maintain control of your assets. 
    +Read More
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7

Kraft Walser Law Office News / Events

This news feed will contain information about various law topics and how it may apply to you. We will also be posting news and event information about The Kraft Walser Law Office.

Conciliation Court (a.k.a. Small Claims Court)

Should I go to conciliation court (small claims court) to file my claim?SHOULD I GO TO SMALL CLAIMS COURT TO SETTLE MY DISPUTE?

Often when you are owed smaller amounts of money it is not cost effective to retain an attorney, such as Kraft Walser Law Office, for the purpose of collecting those debts. It is common for these claims to involve rent, bills, sales, property damage and auto accidents. When considering using an attorney court costs, legal fees and other expenses can become a barrier for you. 

Fortunately our legal system offers you an alternative solution. Conciliation Court, commonly referred to as Small Claims Court, allows you to go after money owed to you with much lower costs. Claims up to $15,000 may be brought in Conciliation Court.  

HOW DO I PROCEED WITH A CLAIM FOR CONCILIATION COURT?

The Conciliation Court system is designed for your use. The Court Administrator can offer help and information as you proceed with filing a claim.

GET ORGANIZED You will want to start by gathering all documents and materials related to your claim and putting together a list of witnesses. You may find the services of Kraft Walser Law Office helpful if you have questions about what material to present to the Judge.

WHERE TO GO You must file your claim in the county where the other party lives, except bad check claims can be filed in the county where the check was written, and rent and security deposit claims can be filed where the rental property is located.

HOW TO FILE The Court Administrator’s Office will provide a form. You will need the mailing address of the person you are suing. You will pay a filing fee of around $65, depending on the county and the amount of your claim. If you win, the other party will also owe you the filing fee.

WHAT HAPPENS NEXT The Court Administrator will serve the defendant by mail unless your claim is more than $2,500. Then you must serve the defendant by certified mail or personal service, and provide proof of service to the Court Administrator. If the other party wishes to make a claim against you they will file a “Counter-Claim". Both parties are notified by mail of the claims and date of the hearing.

THE HEARING If the other party does not appear at the hearing, the Judge will probably grant your claim. If the other party does appear, the Court will hear both sides of the story. You should bring with you any witnesses you have. Usually, their written statements alone will not be sufficient. You should also bring all other evidence or items that relate to the dispute. The Judge will ask questions of either party, or their witnesses, if further information is needed for the decision. A party can only be represented by a lawyer at the hearing, with special permission of the court. Often our clients find it helpful to meet with us before the hearing to prepare.

THE DECISION You will be notified of the Judge's decision. If you are not satisfied with the decision, you have 20 days to transfer the case to District Court. If you lose in District Court, you may be required to pay $50 plus other costs to the prevailing party.

COLLECTING YOUR JUDGMENT If you get a judgment, there are several methods of collection. These include garnishment of wages and bank accounts, real estate liens, and sheriff’s sale. These are complicated procedures and we recommend that you contact us if you are at that stage.

If you have questions about Conciliation Court (AKA: Small Claims Court) contact Kraft Walser Law Office.
Olivia 320-523-1322 | Hutchinson 320-587-8150 | Stewartville 507-533-0325 | Cokato 320-286-2396 | Renville 320-523-1322

Continue reading