Minnesota Debt Lawsuit Answer Form: what to file, where, and by when
Last verified against official court sources: 2026-07-02
Minnesota publishes an official "Responding to a Civil Lawsuit" packet — CIV301 (instructions), CIV302 (Answer or Answer and Counterclaim), and SOP105 (Affidavit of Service). But the single most important Minnesota fact: your lawsuit may not be filed with any court yet, and it is still real. You must serve your Answer on the plaintiff's lawyer — not the court — within 21 days of being served.
Official packet — and a procedure unlike any other state here
Minnesota lawsuits start with service, not filing ("pocket filing"). Your summons may carry no case number and the court may have no record of the case — the Minnesota Attorney General's guidance addresses exactly this: do not ignore it. Complete CIV302, serve it on the plaintiff's attorney within 21 days, and prove it with the SOP105 affidavit. Nothing may need to be filed with the court immediately.
The Minnesota twist
The pocket-filing trap: no case number does not mean no lawsuit
Debt buyers exploit this constantly: they serve Minnesotans with a summons that is not on file anywhere, many recipients assume it is fake or not urgent, the 21 days pass, and only then does the plaintiff file — with an instant default. If papers were handed to you in Minnesota, the clock is running whether or not any court knows about the case. Serve your Answer on the plaintiff's lawyer within 21 days and keep the SOP105 proof.
Deadlines, filing, fees, and service
- Deadline: serve your Answer on the plaintiff's attorney within 21 days of service (60 days in the mail-acknowledgment scenario). Conciliation court (up to $20,000): no written answer — the court mails a hearing date; attend it.
- Filing: eFS e-filing is voluntary for self-represented litigants; paper filing by mail or in person is allowed — but remember the Answer initially goes to the plaintiff's lawyer, not the court.
- Fee: serving your Answer costs nothing. When the case is eventually filed with the district court, the first-paper civil filing fee (roughly $310 plus surcharges, per Minn. Stat. § 357.021) applies — fee waiver (IFP) available.
- Proof of service: file/keep SOP105, the official Affidavit of Service.
Common questions
My Minnesota summons has no case number — is it fake?
Probably not. Minnesota lawsuits begin by service, not court filing, so a real summons often has no case number and no court record yet. The Minnesota Attorney General's guidance is explicit: do not ignore it. Your 21-day clock started when you were served.
Where do I send my Minnesota Answer?
To the plaintiff's attorney (or the plaintiff if unrepresented) — not the court, initially. Serve it within 21 days and complete the SOP105 Affidavit of Service as proof. If and when the case is filed with the court, your Answer gets filed too.
Is there a fee to answer a Minnesota debt lawsuit?
Serving your Answer is free. If the case is later filed in district court, your first filing carries the civil filing fee (about $310 plus county surcharges) — a fee waiver is available if you qualify.
What about Minnesota conciliation court?
Conciliation (small claims) court handles claims up to $20,000 with no written answer at all — the court mails you a hearing date and you must attend or lose by default.
Primary sources
This page provides general legal information verified against the official sources linked above; it is not legal advice, and court rules change — confirm current requirements with your clerk of court. Answered is self-help software, not a law firm. If you can afford a lawyer, hire one.