Assignment Plan The Assignment Plan is the description of how all case types are assigned to and handled by judges in Anoka County. This plan may change if the needs of the public or the demands of the law dictate. Questions regarding the current assignment plan should be addressed to the Manager of the Court Administration Assignment Division. Disclaimer: The assignment of a judge to a particular calendar may change frequently. Court Administration retains the right to make such changes as needed.
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Conciliation Court (Small Claims Court) What is Conciliation Court?
Where do you file a claim in Conciliation Court? You must file your claim in the county where the person against whom you are making a claim (the defendant) lives. You may, however, seek recovery for dishonored checks in the county where you live if the check was issued in your county. You may make a claim for a security deposit on rental property in the county where the rental property is located. You may sue corporations in the county where their business office or branch office is located. How do you file a claim in Conciliation Court? The Conciliation Court form for filing your claim is available from any Court Administrator’s Office. You must have the following information: Your name and address and the name and address of the defendant (home address if the defendant is an individual); the amount of your claim and the reason for it; and the date your claim arose. You must verify the claim. (Sworn to and signed before a Notary or Court Deputy.) You will also pay the filing fee. What happens if a defendant files a counterclaim (claim against you)? The defendant must file the claim at least five (5) days before the date set for a hearing (Saturday, Sunday and holidays not included). The defendant must also pay a filing fee. You will receive notice if a counterclaim is filed. The Conciliation Court hears the counterclaim at the same date and time set for your claim. How do you prepare for the hearing? An attorney may represent all parties if they so desire. You should also bring to court all other evidence, such as receipts, repair bills, estimates, and other items which help prove your claim. The Court Administrator will mail notice of the court’s decision to all parties. How do you appeal a Judgment? Forms are available at the Court Administrator’s office. Your case may be appealed (removed) to the District Court if either you or the defendant are dissatisfied with the Conciliation Court Judgment and all parties appeared at the Conciliation Court hearing. You will need to file a Demand for Removal, an Affidavit of Good Faith, and an Affidavit of Service. You must also pay an additional filing fee. What happens upon an appeal? Filing an appeal (removal) means a completely new trial will take place. You may file a Jury Trial Demand if you wish the appeal be heard before a jury. Attorneys may represent both parties. How do you collect a Conciliation Court Judgment? If you received a Judgment and the other party (Judgment Debtor) does not appeal or voluntarily pay, you may choose to have the Judgment enforced. To do this, you must have the Conciliation Court Judgment transcribed to the District Court along with Affidavit of Identification with the Court Administrator. This creates a lien against real estate the debtor owns in the county. It also affects the debtor’s credit rating. The Judgment may be enforced for up to ten (10) years from the date of the original Conciliation Court Judgment. You may request the Court Administrator to issue an Order for Disclosure if you are unable to determine what assets the debtor owns. This Order requires the debtor to reveal all nonexempt property and financial information to you within ten (10) days. If the debtor fails to respond, you may request the Court to issue an Order to Show Cause. An Order to Show Cause will require the Judgment Debtor to appear in Court and explain why the Order for Disclosure was disobeyed. Once you have determined what assets the debtor owns, you may request the Court Administrator to issue a Writ of Execution. The Writ of Execution is the document which directs the Sheriff to attempt to collect on your judgment. For additional information go to www.mncourts.gov/selfhelp. Court Appointed Attorneys (Public Defender) When a person is charged with a crime, which has the potential of a penalty of time in jail, the court may appoint an attorney to represent their interests. A crime is defined as something more serious than a petty misdemeanor. In other words, you are not even eligible for a court appointed attorney unless there is the prospect of being sent to jail. These cases include misdemeanor, gross misdemeanor and felony allegations. In order to appoint an attorney, the court must also determine if a person charged with a crime is financially eligible. An application form must be obtained from Court Administration, which must be truthfully completed and verified. If the court determines a defendant does not make enough money to hire counsel, an attorney most often called a “Public Defender” will be appointed. Currently, the Public Defenders serving Anoka courts are located one block away from the courthouse at 433 Jackson Street, Anoka, Minnesota 55303. They can be reached at 763-422-3350. There are only a few instances in which the court is authorized to appoint an attorney at government expense in a non-criminal matter. These cases only include paternity matters, civil commitment proceedings and occasions where a party is looking at the potential of jail time for contempt of court in child support matters. In all other civil and family matters, an individual is advised to hire their own attorney to represent them in court. Court Records
Copies of court documents may either be "certified" (i.e., contain a raised court seal) or "uncertified" (i.e., plain photocopy). There is a fee for both a certified or an uncertified copy. The fee amounts change periodically. To check the current rate go to www.mncourts.gov/district/10/?page=1330. To request a copy(s) of a document(s) by mail, please include a check for the amount of the copy(s), a self-addressed, stamped envelope, the name of the case, the file number, if known, the specific document requested, and a day time phone number where you can be reached in case of any questions. Send the request to Anoka County Court Administration, ATTN File Room, 325 East Main St., Anoka MN 55303-2489. Please allow five days for processing. Because of space limitations and other storage considerations, some court records are maintained off-site. Other records may be in the custody of a judge and not available for review. Therefore, Court Administration staff may not be able to provide immediate access to all court files. Your cooperation is appreciated. Domestic Abuse (Order for Protection) What is an Order for Protection?
Who can get an OFP? Any family or household member may ask the court for an OFP. A family or household member means married or divorced people; parents and their children; persons related by blood (such as brothers, sisters, uncles, aunts or grandparents); and people who live together or who have lived together in the past. People who have never lived together may also ask for an OFP if they have had a child together or have been involved in a significant romantic or sexual relationship. You can also apply for an OFP to protect a child in your family or household. Victims of abuse who are at least 16 years old may get an OFP against an abuser if they are or were married to or have a child with him or her. Other victims of abuse less than 18 years old must have another family or household member or an adult get an Order for Protection for them. Where do I file for an OFP? In Anoka County, call 763-422-7372 or 763-422-7377 to schedule an appointment to start the application process. How do I get an OFP? Ask the clerk for Order for Protection forms. Fill out the forms. There is no fee to file the petition. After the papers are complete, a court staff person will review the papers with you to ensure they are completed properly. Your signature will be notarized and the paperwork will be taken to a judge for review. When you go to the courthouse, it is helpful to bring with you:
How does the respondent find out about the hearing and the order? You will take copies of the petition and order to the sheriff to be personally handed to (served on) the respondent. The sheriff does this. There is no cost to you for the service. What happens at the hearing? You must show up for the hearing! If you don't appear, the case will be dismissed. If the respondent was served with the papers and does not show up for the court hearing, the judge will review your request and usually will grant you the OFP you have requested. What happens after the hearing? How long am I protected? The Order for Protection, if granted, will describe your rights. Read it carefully. The judge may order different things than what you asked for. The Order for Protection will tell you how long it lasts. Usually the order lasts for one year. If you are still threatened, harassed, abused, or afraid before the order expires you can contact Court Administration and request an extension of the order. If the respondent disobeys the order, you should call the police or sheriff right away. Keep a copy of the order with you at all times. How do I change, extend or dismiss an Order for Protection? Contact the Court Administrator’s office and explain that you wish to change, extend, or dismiss your order. **It is important to have your order dismissed by a judge if you and the respondent wish to live together again or have contact. Family Court
Harassment Restraining Order Harassment is defined as repeated, intrusive, or unwanted acts, words, or gestures, that are intended to adversely affect the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target; targeted residential picketing; and a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another. What is a Harassment Restraining Order? A Harassment Restraining Order is a court order forbidding someone from harassing and/or making contact with another or any minor children in the home. The term "petitioner" refers to the person asking for the harassment order. The term "respondent" refers to the alleged harassing party. The petitioner first obtains a temporary order, which is effective until a court hearing, which is held within fourteen days. At the hearing the court will ask to hear from both parties to determine if the temporary order should be extended; the extension can be up to 2 years. Petitioner may request:
You may apply for a Harassment Restraining Order if……
Filing Fee There is a fee to file harassment papers. The fee amounts change periodically. To check the current rate go to www.mncourts.gov/district/10/?page=1330. The fee may be waived if your income meets certain guidelines or your allegations involve a gross misdemeanor, felony harassment or stalking offense. The judge determines if the filing fee must be paid. Harassment Forms (Petition) You will need to make an appointment with the Family Court clerk to complete the package of harassment forms (763-422-7372). How can I get a Harassment Order? After completing your documents, the clerk will review them. The documents are submitted to a judge for review. The judge decides whether to sign the temporary order based on the harassment laws. If signed, the papers are filed with the Court Administrator’s Office. Copies will be made of your order. You will keep a copy for yourself. You will take the remaining copies to the Sheriff’s Office for proper service. How Is It Served? The sheriff will personally serve the papers on the respondent. NOTE: If the respondent lives in a county other than Anoka, the petitioner (you) will be responsible for taking the order to the Sheriff’s Department in the county where the respondent lives. You must come to court on your hearing date even if the respondent has not been served. What happens in court? You should come to court prepared for trial with any witnesses or evidence. What if the respondent disobeys your Harassment Order?
How do I dismiss or change my Harassment Order? To Dismiss - You will need to make an appointment with the Family Court clerk. Both parties must appear and complete a Stipulation and Order for Dismissal. The court will decide whether to grant your request. To Change - You will need to make an appointment with the Family Court clerk. You will fill out a Motion to Amend and Order to Appear. A new hearing date will be set. Once again you will need to make arrangements with the sheriff for service. The court will decide whether to grant your request. Judgments The public computer terminals in the Court Administration File Room
may be used to access information on outstanding judgments, which include money owed by
debtors to creditors. Many agencies such as abstract companies, credit bureaus, etc.
collect judgment information from the public files. The life span of a judgment is ten
(10) years or until it has been paid and a “satisfaction” document is filed with
Court Administration. You may also access court records using the
Internet by following the instructions at
www.mncourts.gov/default.aspx?page=1927.
Judgment-Related Fees for services such as those
listed may be found at
www.mncourts.gov/district/10/?page=1330.
Juvenile Court Juvenile Court is the division of the District Court in Anoka County, which deals with cases involving children under the age of 18. Various types of cases are heard in Juvenile Court including: delinquency actions; children in need of protection and services cases; truancy matters; and termination of parental rights actions. With very limited exceptions, juvenile files are confidential and hearings involving juvenile cases are closed to the public. Landlord/Tenant (Eviction Process) What is an Eviction? An Eviction is a court action which determines who has legal right to possession of certain real property. Reasons for bringing an Eviction Action The most common cause for an Eviction action is nonpayment of rent. Other instances that may prompt an Eviction action are:
An Eviction action is to recover real property; it is NOT intended to recover back rent. When and where are Eviction cases heard? The Court at the Anoka County Courthouse hears Eviction cases. The hearing date must be set seven to fourteen days after the Complaint is filed. You are given a hearing date when you file your Complaint with the Court Administrator. You can file an Eviction Complaint in this court only if the property in question is located in Anoka County. You will need to file the original Complaint. You MUST know the following:
The Summons It is your responsibility as plaintiff to see that the Summons and Complaint is served properly on the defendant in one of three ways:
For any of the three methods of service, the Affidavits must be filed with the Anoka County District Court Administrator at least THREE days before the hearing. The Court Process The defendant in the case will be asked if he/she admits or denies the allegations. (At this point, either party may request a court trial or a jury trial. The law requires the trial to be held within six days unless there is agreement to a later time). The Court Decision Once a decision is made, the judge will sign a document entitled Findings of Fact, Conclusions of Law and Order for Judgment directing that judgment be entered in favor of the rightful party. If the defendant wins, no further action is taken. If the plaintiff wins, you may ask the judge for a Writ of Restitution (Minnesota Statute 504B.361). A Writ of Restitution is a legal order commanding the defendant to vacate the premises identified in the Complaint. Once the Sheriff of Anoka County has served the Writ, the defendant has 24 hours to vacate the premises. A fee must be paid to Court Administration to issue the Writ of Restitution. The fee for issuing the Writ may be found at www.mncourts.gov/district/10/?page=1330. The Sheriff, who will also charge you a fee for this service, must serve the Writ. The Sheriff may serve the Writ upon the defendant personally, or, if that is not possible, he may post the Writ in a conspicuous place. Execution of the Writ of Restitution If the defendant fails to comply with the Writ, the plaintiff should notify the sheriff. The personal property of the defendant may be removed and stored in a bonded warehouse at the expense of the plaintiff. The defendant has 60 days to redeem the stored property. If unclaimed after 60 days, the property may be sold at a public sale. Law Library
Name Change You must file for a change of name in the county where you live. It is necessary for the person(s) changing his or her name to have lived in the State of Minnesota for at least six (6) months. You will need to have two (2) adult witnesses that reside in the State of Minnesota and have known the person(s) changing his or her name for a minimum of one (1) year. Both biological parents must consent to a name change for a minor child. **See Special Notes.
**Special Notes
Probate / Mental Health Court Probate Court has jurisdiction over cases concerning the disposition of property belonging to deceased persons, administration of court-supervised trusts, and proceedings to create guardianships and conservatorships for minor children, incapacitated or incompetent adults. Mental Health has the obligation of committing persons to treatment centers with the allegation of Mental Illness, Mental Retardation, Chemical Dependency, Psychopathic Personality and referrals from Criminal Court. The Mental Health Unit is governed by Minnesota Statutes 253B (http://www.revisor.leg.state.mn.us/stats/253B/). Subpoena A subpoena is a legal document that may be issued in any court case and requires the person receiving the subpoena to appear in court at the time and place indicated on the document. The subpoena may require the production of documents or other evidence. Failure to obey the court’s subpoena may result in sanctions including being held in contempt of court or the issuance of a warrant of arrest. Traffic Violations
What is a petty misdemeanor? A petty misdemeanor is not a crime and therefore carries no jail time. The maximum fine for a petty misdemeanor is $300.00. You may be represented by an attorney hired at your own expense. If you wish to plead not guilty, you are entitled to a court trial. A court trial is a trial by a judge without a jury. What is a misdemeanor? A misdemeanor is a crime and consequently a more serious offense. The maximum penalty is $1,000.00 and/or 90 days in jail. If you cannot afford an attorney to represent you, you may apply for the services of a public defender. However, you will need to provide financial information to determine if you are eligible for such an appointment. You also have the right to a written statement of the charges against you. A written statement is a formal complaint sworn to before a judge containing the facts of the charges. If you wish to plead not guilty, you are entitled to a jury trial. A jury trial would consist of six persons and all six persons would have to agree that you are guilty before you could be convicted and sentenced. Payable Fines For fine information, please call 763-422-7385 within ten (10) days prior to your court date. If you need additional time to pay, up to 90 days, you must request this in person at the Criminal County in Court Administration prior to your court date. Paying Your Fine If paying your fine by mail, DO NOT SEND CASH. Make your check or money order payable to “Court Administrator.” Mail the payment to:
Please include your file number or citation number on your check. Your payment must be received before the scheduled court appearance indicated on the front side of your ticket. If paying in person, payments can be made at the criminal counter located on the first floor, center of the courthouse, 325 E Main Street, Anoka, MN. Office hours are 8:00 a.m. to 4:30 p.m. If you are unable to make your payment during these hours, there is a ticket payment “drop box” located at the courthouse front door nearest the 4th Avenue and Main Street entrance. Visa and MasterCard, payments are accepted in person or by calling 763-422-7473. DO NOT CALL IN CREDIT CARD PAYMENTS UNTIL SEVEN DAYS PRIOR TO THE COURT APPEARANCE. You must appear in court if:
Court appearance: You are required to make a court appearance if you wish to plead not guilty or plead guilty with an explanation at the date and time indicated on the front of your ticket. Go directly to Criminal Counters and check in at Windows 1 and 2. Let them know if you are interested in applying for a public defender. They will give you the necessary forms to provide your financial information. The Judge will determine whether or not you will be granted a public defender. Please keep in mind that you are only eligible if you have been charged with a misdemeanor and meet the financial guidelines. Warning If you fail to pay your fine or appear in court as directed, your driver’s license may be suspended. Notice to Defendant Collections All fines, surcharges, court costs, restitution, and/or fees imposed are due on the date imposed unless the court otherwise establishes a due date or a payment plan. Under Minn. Stat. § 480.15, subd. 10c, any portion of a fine, surcharge, court cost, restitution, or fee that you fail to pay by the due date may be referred for collection, and collection costs may be added to the amount due. If you have agreed to a payment plan but fail to pay an installment when due, the entire amount remaining becomes due and payable and may be referred for collection. You have the right to contest a referral to collections based on inability to pay by requesting a hearing no later than the due date. Municipal Prosecutor: If you wish to speak with the prosecutor, you may do so after hearing your rights. Inform the in-court deputy of your intent and he or she will make your file available to the prosecutor located in the back of the courtroom. Your name will be called and the prosecutor will speak with you as soon as possible. Please be aware that the prosecutor represents the State and therefore, is not there to represent your interests. Fine Payment after Sentencing: Your file will be brought to the Criminal Counter upon sentencing. Please take a number on the post in the main hallway, wait for your number to be called and the next available clerk will assist you. If you have pled guilty or are found guilty and ordered to pay a fine, it is assumed that you will pay the same day as your hearing. We also wish to advise you that there are additional fees and surcharges that the Legislature has required that we impose. These fees are forwarded to the State and used to pay victims of crimes and provide police officer training among other things. If you cannot pay all of your obligation today, you will be given ninety (90) days to pay. Any additional time to pay must be approved by the Judge. Anoka County Corrections: After you have appeared in Court, been sentenced and appeared at the Criminal Counter, you will receive a form called “Conditions of Sentence” which lists what happened in court. If additional conditions have been imposed at sentencing, other than a fine payment, you may be referred to the Corrections Department. It is located down across the hallway from the Criminal Counter. Corrections Department will monitor your compliance of these court ordered conditions. Important Telephone Numbers: Court Administration, Criminal/Traffic: 763-422-7385 |
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Court
Administration provides information on some child support issues, including: reducing or
increasing child support obligations and cost of living adjustments for child support.
Staff are not attorneys and may not give legal advice; however, staff may provide
assistance in completing some forms related to child support matters.
For additional information go to
Minnesota
Law created the Conciliation Court, also called Small Claims Court. This court allows
citizens to bring their legal claims to court without expensive costs or complicated legal
procedures. 
About 95% of
the records relating to actions before the court are open and accessible to the public.
Access to court files and related records is provided in the File Room, which is located
on the first floor, east wing of the courthouse. A schedule that describes how long court
records are maintained before destruction is also available for viewing in the File Room.
The Anoka
County Law Library provides legal resources to members of the legal community and citizens
of Anoka County. Current text and legal periodicals are maintained and accessible to the
public. The Law Library is staffed and open from 8:00 a.m. – 4:30 p.m., Monday
through Friday. The staff of the Law Library is prohibited from practicing law. For more
information about services please call 763-422-7487. The State of
Minnesota's Self Help Center may be accessed in the Law Library by going
to 
You have just
been issued a ticket in Anoka County. This ticket is the document
charging you with a petty misdemeanor or a misdemeanor.
Court Administration |
Copyright 2008
Court Administration
updated 01/08/2008