CCP 09-28-1992 - Laserfiche WebLink

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J' " THE FOLLOWING IS NOT LEGAL ADVICE, BUT PROVIDED TO NOTIFY YOU OF CERTAIN PROCEDURES. SHOULD YOU HAVE QUESTIONS, PLEASE CONTACT OUR STAFF, ALTHOUGH SOME CIRCUMSTANCES MAY REQUIRE ~ TO REFER YOU TO AN ATTORNEY. ~10ST FORMS NECESSARY FOR THE FOLLOWING ARE AVAILABLE FRO THE COURT. APPEALING A JUDGMENT TO DISTRICT COURT The judgment notice contains all of the information needed to ti!l out the appeal; the title of the. case will remain the same as in Conscilw 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 arliMf for a trial by COURT (without a jury) or~for trial by a jury of six persons, III aololitisR, thor. j. . ~3 Eurol1lM'ge .fer ~p~' p"'rt)l "'he haJ flet pre'lieu!;l:' r~;.1 ~ (pop in 'RS eB.3C. NOTE: If a case is appe,aled to Pi~tlj,~t Court, that Court may, in its discretion, allow the prevailing (winning) party to recover from the aggrieved (losing) party an amount 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 JUDGMDT 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 parl)'(ies), Under certain circumstances, and when ordered by the Court, payments may be made in install!f1ents, up to one year's duration, ' :52:l 7, If a judgment is not paid, the creditor may transcribe the judgment into District Court ($6' fee), and if a location for some assets of the debtor is known (place of employment, bank) an execution may be issued CJ1}ee, exclusive of service charges) and said assets may be garnished, /(). 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 AUTO ACCIDE:\r CASES: If any person fails to satisfy a judgment 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 the Commissioner of Public SafelY, 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 (6U) 777-2651 . -, ----