Legal Question in Civil Litigation in Minnesota
I sued my ex-landlord in conciliation court for not returning my deposit or providing a written explanation within three weeks from the end of tenancy as required by law. The ex-landlord did, not long after, pay the amount of the original deposit, but no interest, costs, or penalties, so I maintained the lawsuit. Very shortly before the suit was scheduled for trial, my ex-landlord filed a counterclaim for damage to common areas of the building and to a stove in my unit along with lost wages. I got a continuance so that I could better prepare for trial on the counterclaim, even though I had very little information.
At trial, my ex-landlord admitted to the judge that the counterclaim was brought essentially in retaliation and that she had no actual evidence that I was responsible for anything in her counterclaim. The judge's mailed verdict, without explanation, awarded me all but $200 (pertaining to bad-faith retention of a deposit) of my claim, but it awarded my ex-landlord over $1000 (though not nearly the entire amount she claimed). So, I ended up owing her money. I would like to appeal, and I understand the basic paperwork and process for removal to district court. One question: is there a way I can remove only the ex-landlord's counterclaim? I am satisfied with the judgment of my original claim. If so, how?
1 Answer from Attorneys
No, removal of any part of the case in essence vacates the CC judgment and you would have to start over in district court (including paying the $322 filing fee). If you decide to go forward, make sure to act quickly, because you have a very narrow time window. Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship. That said, good luck to you.