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?


Asked on 3/04/10, 12:19 pm

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

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.

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Answered on 3/09/10, 12:35 pm


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