CCP 09-14-1992 - Laserfiche WebLink

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J..' ;" THE FOLLOWING IS NOT LEGAL ADVICE, BUT PROVIDED 1D NOTIFY YOU OF CERTAIN PROCEDURES. SHOU. YOU HAVE QUESTIONS, PLEASE CONTACT OUR STAFF, ALTHOUGH SOME CIRCUMSTANCES MAY REQUIRE 1D REFER YOU 1D AN AT1DRNEY. C\lOST FORMS NECESSARY FOR THE FOLLOWING ARE AVAILABLE FROM THE COURT. APPEALING A JUDGMENT 1D DISTRICT COURT The judgment notice contains all of the information needed to fill out the appeal~ the title of the case will remain the same as in ConsciI- iation Court. A Demand for Removal and Affidavit of Good Faith must be completed in duplicate and signed before a Notary Public, by the appealing party or their anorney; a copy of the Demand and Affidavit must then be served on the opposing party. Service of these papers may be by personal service upon the party or their attorney by a disinterested party, who must then complete an affidavit of personal service and sign it in front of a Notary Public, or by First Class Mail to the opposing party or their attorney at their last known address, after which you must complete an affidavit of mailing stating that you HAVE MAILED the papers to the opposing party or their at- torney, the date that you mailed them, the address to which you mailed them, and that you affixed the proper postage to the envelope. The completed Demand for Removal. Affidavit of Good Faith, Affidavit of Service and the correct filing fee must be filed in the office of the Clerk of Conciliation Court by the close of business on the final day as stated on the Judgment Notice. ' The fees ar/~ f~r a trial by COURT (without a jury) or~for trial by a jury of six persons. 1ft ad~iliQR, the.. i, . $3 "".barge -roT 7....:' P-:l""'Y ulne haJ nat pre. iell:l.sl~' p~iti ::l (pf'o ;... t:he ea3e. NOTE: If a case is appealed,lo Pistrict Court, that Court may. in its discretion, allow the prevailing (winning) party to recover from the aggrieved (losing) p~rtya'n amb~~t - not to exceed~ as costs under certain circumstances where the prevailing party on appeal is not the aggrieved party in the original action. ~. PAYING/COLLECTING A JUDGME;>;T' It A judgment may be paid to the Clerk of Conciliation Court; we will hold any checks until they clear, and then send one of our chec to the appropriate party(ies). Under certain circumstances, and when ordered by the Court, payments may be made in installments, up to one year's duration. st:> 7, If a judgment is not paid, the creditor may transcribe the judgment into Distri~ourt ($6 fee), and if a location for some assets of the debtor is known (place of employment, bank) an execution may be issued ( fee, exclusive of service charges) and said assets may be garnished. 'O. If no location of assets is known there is a procedure available after transcription whereby the debtor can be co,!,pelled to reveal the location of his/her assets. Inquire at the Clerks' Office re an "Order for Disclosure" ($5 fee). SPECIAL NOTE FOR AU1D ACCIDE;>;T CASES: Ifar.y person fails to satisfy ajudgment within thirty (30) days after the judgment becomes final, the Court, upon affidavit by the judgment creditor that the judgment has not been satisfied, shall immediately forward notice of such unsatisfied judgment to tbe Commissioner of Public Safety, who shall suspend the driving privileges of the judgment debtor until such time as the judgment is satisfied, The judgment creditor may obtain the affidavit of identification and of unsatisfied civil judgment, as required by M,S, 171.82, at the office of the Clerk of Conciliation Court. CLERK OF CONCILIATION COURT - ' 2785 White Bear Avenue Maplewood, Minnesota 55109 (612) 777-2651 .