V. Common Substantive Issues
A. Accident Repair Expenses Not Paid
B. Back Rent Owed
C. Comparative Negligence
D. Damage to Property or Vehicle
E. Defective Goods Sold
F. Defective Services Provided
G. Recovering Security Deposits
H. Replevin - Recovering Property (General)
I. Replevin - Recovering Personal Property after an Eviction
J. Replevin - Recovering Property Seized in a Drug Arrest (Recovering)
K. Replevin - Recovering Property Seized in a DWI Arrest (Recovering)
L. Wage Claims
M. Worthless Checks
| Note to users: This manual is a live document. If you have additional practice tips or substantive areas of law that need additional attention here, please add them. You may also contact VLN with suggestions. |
A. Accident Repair Expenses Not Paid
| Practice Tips: Sample Statement of Claim |
| Date of accident:___. Time of accident:___. Location of accident: At or near the intersection of ___ and ___, City of ___. Plaintiff car driven by:___. Defendant car driven by:___. Amount of damages: $___. Other out-of-pocket expenses in addition to damages listed above: $___. Total money owed not including filing fee: $___. |
Statutes
- See generally Minn. Stat. § 65B (automobile insurance) here.
- For Minn. Stat. § 604.01 (Comparative Fault; Effect), click here.
- For Minn. Stat. §§ 65B.41-.71 (Minnesota No-Fault Law), click here.
- For Minn. Stat. §§ 570-583 (compensatory and collection remedies), click here.
B. Back Rent Owed
| Practice Tips: Sample Statement of Claim |
| ... "for rent of $___ due and owing for months of ___, 20__, for premises located at ____, plus interest and/or late fees of $___ and additional charges (damages, unpaid utilities, etc.) of $___ for ___, no part of which has been paid. Premises vacated by defendant on or about ___." |
| Practice Tips: Consolidating Housing Court and Conciliation Court Claims |
| See here for how-tos. |
Statutes
- See generally Minn. Stat. Chapter 504.B (Landlord and Tenant) here.
- For Minn. Stat. § 504B.285 (Eviction Actions; Grounds), click here.
- For Minn. Stat. § 504B.291 (Eviction Action for Nonpayment), click here.
- For Minn. Stat. § 571.71 (Garnishment; When Authorized), click here.
Forms
- Some housing-related claims need to be filed in Housing Court. Forms for Housing Court are available here.
C. Comparative Negligence
Statutes
- For Minn. Stat. § 604.01 (Comparative fault), click here.
- For Minn. Stat. § 604.02 (Apportionment of Damages), click here.
D. Damage to Property or Vehicle
| Practice Tips: Sample Statement of Claim |
| Date of accident:___. Time of accident:___. Location of accident: At or near the intersection of ___ and ___, City of ___. Plaintiff car driven by:___. Defendant car driven by:___. Amount of damages: $___. Other out-of-pocket expenses in addition to damages listed above: $___. Total money owed not including filing fee: $___. |
| Practice Tips: How to obtain a court order for transfer of motor vehicle title |
| See Tab 28 in the CCC filing cabinet, or click here. |
Statutes
- See generally Minn. Stat. §§ 325F.662-667 (consumer protection law for motor vehicles) here.
- See generally Minn. Stat. § 169 (traffic regulations) here.
- See generally 2009 Statute Index for Property Damage here.
- For Minn. Stat. § 169.09 (traffic accidents and civil procedure), click here.
- For Minn. Stat. § 609.595 (criminal damage to property), click here.
- For Minn. Stat. § 561.17 (actions for waste), click here.
E. Defective Goods Sold
| Practice Tips: Sample Statement of Claim |
| … "for goods sold on or about ___, being described as ___, which have proven defective." |
Statutes
- See generally Minn. Stat. § 336 (Minnesota Uniform Commercial Code) here.
- For Minn. Stat. § 336.2-711 (buyer's remedies), click here.
F. Defective Services Provided
| Practice Tips: Sample Statement of Claim |
| … "for services provided on or about ___, being described as ___, which were defective." |
Statutes
- For Minn. Stat. § 549.03 (actions for services and double costs), click here.
G. Recovering Security Deposits
| Practice Tips: Sample Statement of Claim |
| … "for return of security deposit in the amount of $___ deposited with defendant on or about ___ for premises located at ___, plus interest in the amount of $___; penalty under Minn. Stat. § 504B.178, subd. 4, in the amount of $___; and punitive damages under Minn. Stat. § 504B.178, subd. 7, in the amount of $___; altogether totaling $___. Premises vacated by plaintiff on or about ___. Notice of damage [has]/[has not] been given." |
| Fact Sheet |
| For a fact sheet on security deposits, click here. |
See sample worksheet in Tab 55 of the CCC filing cabinet, or click here.
See sample letter for security deposit return in Tab 57 of the CCC filing cabinet, or click here.
Statutes
- For Minn. Stat. § 504B.178, click here.
H. Replevin - Recovering Property (General)
| Practice Tips: Sample Statement of Claim |
| "Plaintiff is the owner of and entitled to the immediate possession of certain goods and property described below or equal value in the amount of $___, plus filing fee: [describe property and value per item]. That on or about ___, 20__, defendant wrongfully took such property from the plaintiff. Defendant is still wrongfully in possession of those goods." |
Statutes
- For Minn. Stat. § 565.22 (Definitions), click here.
- For Minn. Stat. § 565.23 (Recovery of possession after Notice and Hearing), click here.
I. Replevin - Recovering Personal Property after an Eviction
| Practice Tips: Sample Statement of Claim |
| "Plaintiff is the owner of an entitled to the immediate possession of certain goods and property described below or equal value in the amount of $___, plus filing fee: [describe property and value per item]. That on or about ___, 20__, defendant wrongfully took such property from the plaintiff. Defendant is still wrongfully in possession of those goods." |
| For a fact sheet, click here. |
Statutes
- See generally Chapter 565 (Claim and Delivery) here.
- For Minn. Stat. § 504B.271 (Tenant's personal property remaining), click here.
- For Minn. Stat. § 504B.365, subd. 3 (Removal and Storage of Property), click here.
J. Replevin - Recovering Property Seized in a Drug Arrest (Recovering)
Statutes
- See generally Minn. Stat. §§ 565.21-26 (recovery of personal property) here.
- For Minn. Stat. § 565.24 (recovery of possession prior to notice and hearing), click here.
- For Minn. Stat. § 565.23 (recover of possession after notice and hearing), click here.
K. Replevin - Recovering Property Seized in a DWI Arrest (Recovering)
Statutes
- See generally Minn. Stat. §§ 565.21-26 (recovery of personal property) here.
- See generally Minn. Stat. § 169A.63 (vehicle forfeiture) here.
- For Minn. Stat. § 565.23 (recovery of possession after notice and hearing), click here.
L. Wage Claims
| Practice Tips: Sample Statement of Claim |
| "Plaintiff was employed by Defendant from ___, 20__, to ___, 20__, earning wages of $___ per ___. On or about ___, Plaintiff [resigned]/[was discharged]. Defendant owes plaintiff wages earned between ___, 20__, and ___, 20__, totaling $___, and commissions earned from ___ totaling $___. Plaintiff is entitled to penalty not exceeding 15 days earnings amounting to $___ for defendant's failure to pay wages in a timely manner, pursuant to Minn. Stat. 181.13." |
| Fact sheets: |
| For a fact sheet on wage claims, click here. |
| For a fact sheet on garnishment and your rights, click here. |
| Other resources |
| See "An Overview of Employment Law (from a Plaintiff's Perspective)" in Tab 38 of the CCC filing cabinet, or click here. |
Statutes
- For Minn. Stat. § 181.14 (Payment to employees who quit or resign), click here.
- For Minn. Stat. § 181.79 (Wages deductions for faulty workmanship, etc.), click here.
- For Minn. Stat. § 181.13 (Penalty for failure to pay wages promptly), click here.
- For Minn. Stat. Rules 5200.0090 (Deductions), click here.
M. Worthless Checks
| Practice Tips: Sample Statement of Claim |
| … "for check #___ in the amount of $___ returned by the bank unpaid for [insufficient funds]/[account closed]/[etc]. Additional amounts as follows: $___ [bank service fees, collection costs, civil penalty under Minn. Stat. § 604.113, etc.]. Notice of nonpayment, penalties and possible court action in Hennepin County was given on ___." |
Statutes
- For Minn. Stat. § 604.113, click here.
