How To Respond to a Minnesota Debt Collection Summons

Facing a debt collection lawsuit in Minnesota? The response process depends on which court hears your case.

Small claims courts (called conciliation courts) handle simpler cases. You’ll get a hearing notice and show up to present your side.

District courts handle larger cases with more complexity. You’ll receive a summons and complaint. You must respond directly to the creditor using a court form. Then you either settle or wait for them to officially file.

How Debt Collection Lawsuits Work in Minnesota

Debt collectors sue when phone calls and letters don’t work. They file lawsuits to force you to pay.

Minnesota routes cases based on dollar amounts. Conciliation court handles debts of $15,000 or less. Consumer credit cases (credit cards, retail accounts) max out at $4,000 in conciliation court.

Larger cases go to district court.

Conciliation court is easier and more affordable. District court has unique Minnesota rules that complicate the process.

If you need help responding to a debt lawsuit, our partner Solo can help you draft an answer. They’ve helped over 300,000 people fight back against collectors.

How You Know You’ve Been Sued

You’ll receive official court papers. No matter which court hears your case, you get written notice.

Small claims cases include a Statement of Claim and Summons. District court cases include a summons and complaint.

Papers arrive by mail or hand delivery. Once you receive them, your response deadline starts ticking.

Responding to Small Claims Cases

Conciliation courts keep things simple. You don’t need legal expertise to navigate the process.

Receive Your Statement of Claim

The Statement of Claim and Summons tells you who’s suing you. It lists the amount they claim you owe.

The document includes basic information:

• The creditor’s name and address
• The total debt amount plus fees
• Why they believe you owe the debt

A separate Notice of Hearing provides your court date. Many hearings happen remotely via video conference.

Read every word carefully. Note the date, time, and login instructions if it’s virtual.

File a Counterclaim if Needed

You can sue them back if they owe you money. Fill out a Statement of Counterclaim and Summons.

You’ll pay a filing fee. Check the current fee schedule.

Counterclaims add complexity. Consider getting legal advice first.

Prepare Your Defenses

You don’t file a written answer in small claims. But you should prepare your arguments for the hearing.

Strong defenses include:

• Statute of limitations expired (six years for most debts in Minnesota)
• Identity theft or fraud (the debt isn’t yours)
• Already paid the debt in full
• Debt collector violated the Fair Debt Collection Practices Act

Gather proof to back up your claims. Documents speak louder than words.

Submit Your Evidence Early

Send copies of all supporting documents to the court. You must do this at least five days before your hearing.

Useful evidence includes:

• Bank statements showing payments
• Credit card statements
• Loan agreements or contracts
• Payment receipts or canceled checks
• Identity theft reports
• Letters from the creditor or collector

Show Up and Present Your Case

Attend your hearing at the scheduled time. Arrive early for in-person hearings.

Test your technology in advance for virtual hearings. Make sure you can log in and use the video platform.

Small claims courts are informal. Judges expect regular people, not lawyers.

Practice what you’ll say beforehand. The creditor presents first, then you respond.

The judge might push for settlement. Or they might rule immediately. Sometimes they decide later.

Responding to District Court Summons

District court cases involve more paperwork and stricter rules. Minnesota’s process differs from other states.

Receive Your Summons and Complaint

The creditor serves you first, then files with the court later. You have one year after receiving the summons to file with the court.

The summons tells you:

• You’re being sued
• Your deadline to respond (21 days if served in person, 60 days by mail)
• Where to get legal help
• What to include in your response

The complaint lists specific claims in numbered paragraphs. It should explain:

• How much they claim you owe
• Details about the debt or account
• The creditor’s contact information

Get the Answer Form

Download the official answer form from the court website. Or use their fillable smart form online.

The form is four pages. Not every section applies to every case.

The court provides detailed instructions for filling it out.

Address Every Allegation

The complaint makes claims in numbered paragraphs. You must respond to each one.

Your options:

• Deny: List paragraph numbers for untrue claims
• Admit: List paragraph numbers you agree with
• Partially True: Explain which parts are accurate and which aren’t
• Insufficient Information: You lack enough information to admit or deny

Many attorneys recommend using “insufficient information” for all claims. The creditor must then prove everything.

Assert Your Defenses

Affirmative defenses introduce new facts not in the complaint. These give you reasons to win even if some complaint facts are true.

Common defenses in debt cases:

• Bankruptcy discharge (you included this debt in bankruptcy)
• Fraud (the collector broke the law)
• Statute of limitations (the debt is too old to collect)

Check the appropriate box on page 2 of the answer form. Or write in your own defense under “Other.”

Send Your Answer to the Creditor

Make copies of your completed answer form. Send one copy to the creditor’s attorney at the address on the summons.

Keep one copy for yourself.

Complete the Affidavit of Service

Fill out an affidavit of service form. The specific form depends on whether you mailed or hand-delivered your answer.

Make copies of this form too.

You only file it with the court if you receive a Notice of Judicial Assignment. That notice means the creditor officially filed the case.

Filing with the court requires a fee. You can request a fee waiver if you can’t afford it.

What Happens After You Respond

The creditor has one year to file with the court after serving you. Most file within three months. At least 10% wait eight months or longer.

You might feel like a lawsuit hangs over your head. Unfortunately, that’s reality in Minnesota district court cases.

Send your answer within the deadline. Then wait to hear what happens next.

Debt collectors often try to settle during this waiting period. Most cases settle outside court.

Settlement can work in your favor. You might pay 30-50% less than the full amount. Negotiate payment terms you can actually afford.

Without settlement, you’ll eventually get a court notice about mediation or hearings. Show up to every scheduled appearance. Missing court means automatic loss.

Ignoring the Lawsuit Costs You

Don’t respond and you’ll lose by default. The court enters a default judgment against you.

Default judgments let creditors garnish your wages. They can levy your bank account. Your money disappears before you can spend it.

You can win debt lawsuits. Or at least negotiate better terms. But only if you respond.

Already have a default judgment against you? File a motion to vacate the judgment. Courts sometimes reopen cases.

Contact the court clerk to ask about your options. They can’t give legal advice but can explain available procedures.

Getting Legal Help

You don’t have to face debt collectors alone. Resources exist to help you fight back.

Our partner Solo helps you draft and file answers for a small fee. They know Minnesota’s unique requirements.

Other helpful resources:

• LawHelpMN for legal referrals and directories
• Minnesota Court resources for attorney connections
• MN Unbundled Law Project for affordable legal help
• Minnesota State Law Library for legal referrals