Preview
State of Minnesota Conciliation Court
Kanabec County 10th Judicial District
Court File Number: 33-CO-19-78
Case Type: Conciliation
Bradley Olson, Karla K Olson vs ROUTE 65
SALES, Gene Kohler Order for Judgment on Claim and
Counterclaim
Appearances: Plaintiff Defendant Neither Party Contested Default
Upon evidence received, IT IS ORDERED:
Plaintiffs are entitled to judgment against Defendants for
the sum of $ 1,900.00, plus fees of $ 75.00, disbursements of $ __________________,
and conditional costs of $ ___________________, for a total of $ 1,975.00.
Judgment shall be entered in favor of ___________________________________(without damages).
_______________________________’s claim is dismissed without prejudice.
_______________________________’s claim is dismissed without prejudice.
_______________________________’s claim is dismissed with prejudice.
_______________________________ shall immediately return __________________________________________________
__________________________________________________to the _________________________ and that the Sheriff of the
county in which the property is located is authorized and directed to effect repossession of such property according to
Minn. Stat. § 491A.01, subd. 5, and turn the property over to _________________________________.
Other / Memo: See attached.
Digitally signed by Wynn,
Wynn, Heather Heather (Judge)
Dated: ___________________________________. Judge: (Judge) Date: 2019.07.31 09:52:16
_______________________________________________
-05'00'
JUDGMENT is declared and entered as stated in the Court’s Order for Judgment set forth above, and the Judgment shall become
finally effective on the date specified in the notice of judgment set forth below.
Dated:______________________ Court Administrator/Deputy: ___________________________________
NOTICE: THE PARTIES ARE NOTIFIED that Judgment has been entered as indicated above, but the Judgment is stayed by
law until_______________________. (Time)__________ p.m. (to allow time for an appeal/removal if desired).
THE PARTIES ARE FURTHER NOTIFIED that if the case is removed to District Court and the removing party does not prevail
as provided in Rule 524 of the Minnesota General Rules of Practice for the District Courts, the opposing party will be awarded
$50 as costs.
Dated: _______________ Court Administrator/Deputy: ___________________________________
Transcript of Judgment: I certify that the above is a correct transcript of the Judgment entered by this Court.
Dated: _______________ Court Administrator/Deputy: ___________________________________
MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 1 of 4
Bradley Olson, Karla K Olson vs ROUTE 65 SALES, Gene
Kohler Court File Number: 33-CO-19-78
MEMORANDUM
Plaintiffs purchased a 2013 Dodge Ram from Defendant. Although the Bill of Sale indicates a trade-in-allowance of $4,000, the
parties agree that the purchase price was inflated and the Bill of Sale does not accurately reflect their agreement.
The parties agreed
that Defendants would take Plaintiff’s trade-in vehicle, a 2006 Dodge Ram, to auction, and would pay Plaintiffs the proceeds. The
evidence shows the 2006 Dodge Ram sold for $1,900 at auction. While Plaintiffs challenge this, Plaintiffs have failed to prove that
the vehicle sold for more than $1,900. Plaintiffs are entitled to $1,900 plus costs.
Dated: ___________________________________. Judge: _______________________________________________
Order Vacating Judgment For Cause
Minn. Gen. R. Prac. 520
Upon cause shown by the Plaintiff Defendant, the written judgment is vacated and costs in the amount
of $____________________ is assessed against the Plaintiff Defendant as Absolute / Conditional costs.
Dated: ___________________________________. Judge: _______________________________________________
Order Vacating Judgment Upon Removal/Appeal
Minn. Gen. R. Prac. 521(e)
Removal/Appeal by the Plaintiff Defendant having been perfected, the within judgment is vacated.
MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 2 of 4
Dated: ___________________________________. Judge: _______________________________________________
MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 3 of 4
How Do You Pay a Judgment?
• Payment should be made directly to the party that wins the case (prevailing party/creditor). If you are unable to pay
the creditor directly, contact the court administrator (or conciliation court) for further information.
• If the prevailing party is paid directly, obtain a statement of payment from the party (satisfaction of judgment) and file
this with the Court. Special forms for this procedure are available at the Conciliation Court office.
• If the Court is not properly notified of payment, you will have an unsatisfied judgment on your record and your credit
rating may be affected.
How Do You Collect a Judgment?
Although a case is decided in your favor, a Conciliation Court judgment does not create a lien against the debtor’s
property unless the procedure outlined below is followed. You can try to collect the judgment yourself if it has not been
paid within the required 20-day period, and if the other party has not filed an appeal. Once a judgment is entered, the
judgment is enforceable for 10 years from the date of entry. If the party is declared bankrupt following the judgment,
you may receive part of your payment if assets are divided among the party’s creditors, or the debt may be discharged
and you cannot collect.
The following information may help you in collecting the amount of the judgment.
• In order to collect on your judgment you must obtain a transcript (record) of your judgment from the Conciliation
Court and file it in District Court together with an Affidavit of Identification. The judgment will then be “docketed.”
There is a fee for obtaining that transcript.
• Upon docketing, you may obtain a Writ of Execution from the Court Administrator. A Writ of Execution is a legal
paper authorizing the sheriff to levy (collect) on a debtor’s assets. The most common assets that can be levied upon
are bank accounts and wages. You must be able to provide detailed information regarding the assets before the sheriff
can make a levy. There is a fee for an Execution. Fees expended for the Execution process may be recovered from
the debtor.
• If you do not know what assets the judgment debtor has, you may request the Court to order the debtor to tell you
what those assets are. You can make the request only if:
1. The judgment has been transcribed to district court.
2. You have not received payment of the judgment.
3. You and the debtor have not agreed to some other method of settlement.
If those provisions can be met, the Request for Order for Disclosure form can be obtained from the Court Administrator.
A fee is required. If the request is granted, the debtor will be ordered to complete and mail to you a listing of his/her
assets within 10 days. Once you have that information, you can give the Execution to the sheriff, advise the sheriff of
the debtor’s assets and ask him/her to collect your judgment.
How Do You Appeal a Judgment?
Any party who was not present at the trial, and who has good reason for not having been present, may apply to the Court,
not later than the date indicated on the “Notice of Judgment” (on the front of this form) for permission of the Court to re-
open the case for another trial. If the Court grants another trial, the Judge may require payment of costs to the other
party, absolute or conditional.
Any party who believes this judgment to be incorrect may appeal to the District Court for a completely new trial by a
different judge or by a jury if desired. The statutory requirements for such an appeal must be complied with not later
than the date indicated on the “Notice of Judgment” (on the front of this form). These requirements are time-consuming
and it is suggested that inquiries regarding the requirements be made well in advance of the date indicated. Please note
that in District Court corporations must be represented by attorneys. The attorney must sign the appeal documents and
appear at District Court hearings and trial.
MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 4 of 4
Preview
State of Minnesota Conciliation Court Kanabec County 10th Judicial District Court File Number: 33-CO-19-78 Case Type: Conciliation Bradley Olson, Karla K Olson vs ROUTE 65 SALES, Gene Kohler Order for Judgment on Claim and Counterclaim Appearances: Plaintiff Defendant Neither Party Contested Default Upon evidence received, IT IS ORDERED: Plaintiffs are entitled to judgment against Defendants for the sum of $ 1,900.00, plus fees of $ 75.00, disbursements of $ __________________, and conditional costs of $ ___________________, for a total of $ 1,975.00. Judgment shall be entered in favor of ___________________________________(without damages). _______________________________’s claim is dismissed without prejudice. _______________________________’s claim is dismissed without prejudice. _______________________________’s claim is dismissed with prejudice. _______________________________ shall immediately return __________________________________________________ __________________________________________________to the _________________________ and that the Sheriff of the county in which the property is located is authorized and directed to effect repossession of such property according to Minn. Stat. § 491A.01, subd. 5, and turn the property over to _________________________________. Other / Memo: See attached. Digitally signed by Wynn, Wynn, Heather Heather (Judge) Dated: ___________________________________. Judge: (Judge) Date: 2019.07.31 09:52:16 _______________________________________________ -05'00' JUDGMENT is declared and entered as stated in the Court’s Order for Judgment set forth above, and the Judgment shall become finally effective on the date specified in the notice of judgment set forth below. Dated:______________________ Court Administrator/Deputy: ___________________________________ NOTICE: THE PARTIES ARE NOTIFIED that Judgment has been entered as indicated above, but the Judgment is stayed by law until_______________________. (Time)__________ p.m. (to allow time for an appeal/removal if desired). THE PARTIES ARE FURTHER NOTIFIED that if the case is removed to District Court and the removing party does not prevail as provided in Rule 524 of the Minnesota General Rules of Practice for the District Courts, the opposing party will be awarded $50 as costs. Dated: _______________ Court Administrator/Deputy: ___________________________________ Transcript of Judgment: I certify that the above is a correct transcript of the Judgment entered by this Court. Dated: _______________ Court Administrator/Deputy: ___________________________________ MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 1 of 4 Bradley Olson, Karla K Olson vs ROUTE 65 SALES, Gene Kohler Court File Number: 33-CO-19-78 MEMORANDUM Plaintiffs purchased a 2013 Dodge Ram from Defendant. Although the Bill of Sale indicates a trade-in-allowance of $4,000, the parties agree that the purchase price was inflated and the Bill of Sale does not accurately reflect their agreement. The parties agreed that Defendants would take Plaintiff’s trade-in vehicle, a 2006 Dodge Ram, to auction, and would pay Plaintiffs the proceeds. The evidence shows the 2006 Dodge Ram sold for $1,900 at auction. While Plaintiffs challenge this, Plaintiffs have failed to prove that the vehicle sold for more than $1,900. Plaintiffs are entitled to $1,900 plus costs. Dated: ___________________________________. Judge: _______________________________________________ Order Vacating Judgment For Cause Minn. Gen. R. Prac. 520 Upon cause shown by the Plaintiff Defendant, the written judgment is vacated and costs in the amount of $____________________ is assessed against the Plaintiff Defendant as Absolute / Conditional costs. Dated: ___________________________________. Judge: _______________________________________________ Order Vacating Judgment Upon Removal/Appeal Minn. Gen. R. Prac. 521(e) Removal/Appeal by the Plaintiff Defendant having been perfected, the within judgment is vacated. MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 2 of 4 Dated: ___________________________________. Judge: _______________________________________________ MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 3 of 4 How Do You Pay a Judgment? • Payment should be made directly to the party that wins the case (prevailing party/creditor). If you are unable to pay the creditor directly, contact the court administrator (or conciliation court) for further information. • If the prevailing party is paid directly, obtain a statement of payment from the party (satisfaction of judgment) and file this with the Court. Special forms for this procedure are available at the Conciliation Court office. • If the Court is not properly notified of payment, you will have an unsatisfied judgment on your record and your credit rating may be affected. How Do You Collect a Judgment? Although a case is decided in your favor, a Conciliation Court judgment does not create a lien against the debtor’s property unless the procedure outlined below is followed. You can try to collect the judgment yourself if it has not been paid within the required 20-day period, and if the other party has not filed an appeal. Once a judgment is entered, the judgment is enforceable for 10 years from the date of entry. If the party is declared bankrupt following the judgment, you may receive part of your payment if assets are divided among the party’s creditors, or the debt may be discharged and you cannot collect. The following information may help you in collecting the amount of the judgment. • In order to collect on your judgment you must obtain a transcript (record) of your judgment from the Conciliation Court and file it in District Court together with an Affidavit of Identification. The judgment will then be “docketed.” There is a fee for obtaining that transcript. • Upon docketing, you may obtain a Writ of Execution from the Court Administrator. A Writ of Execution is a legal paper authorizing the sheriff to levy (collect) on a debtor’s assets. The most common assets that can be levied upon are bank accounts and wages. You must be able to provide detailed information regarding the assets before the sheriff can make a levy. There is a fee for an Execution. Fees expended for the Execution process may be recovered from the debtor. • If you do not know what assets the judgment debtor has, you may request the Court to order the debtor to tell you what those assets are. You can make the request only if: 1. The judgment has been transcribed to district court. 2. You have not received payment of the judgment. 3. You and the debtor have not agreed to some other method of settlement. If those provisions can be met, the Request for Order for Disclosure form can be obtained from the Court Administrator. A fee is required. If the request is granted, the debtor will be ordered to complete and mail to you a listing of his/her assets within 10 days. Once you have that information, you can give the Execution to the sheriff, advise the sheriff of the debtor’s assets and ask him/her to collect your judgment. How Do You Appeal a Judgment? Any party who was not present at the trial, and who has good reason for not having been present, may apply to the Court, not later than the date indicated on the “Notice of Judgment” (on the front of this form) for permission of the Court to re- open the case for another trial. If the Court grants another trial, the Judge may require payment of costs to the other party, absolute or conditional. Any party who believes this judgment to be incorrect may appeal to the District Court for a completely new trial by a different judge or by a jury if desired. The statutory requirements for such an appeal must be complied with not later than the date indicated on the “Notice of Judgment” (on the front of this form). These requirements are time-consuming and it is suggested that inquiries regarding the requirements be made well in advance of the date indicated. Please note that in District Court corporations must be represented by attorneys. The attorney must sign the appeal documents and appear at District Court hearings and trial. MNCIS-CIV-113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev. 2/2011Page 4 of 4