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How to Respond to a Lawsuit in Minnesota: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Minnesota. Last updated 2026-06-02

In Minnesota, a defendant served with a civil summons and complaint generally has 21 calendar days to serve a written answer under Minn. R. Civ. P. 12.01, which directs that the defendant serve an answer within 21 days after the summons is served. Minnesota is a service-first state: under Minn. R. Civ. P. 3.01 a civil action is commenced when the summons is served on the defendant, so the 21-day clock runs from service and the answer is served on the plaintiff even before the case is filed with the court, a practice known as pocket filing. Two tracks work differently and require no written answer at all. In Conciliation Court (small claims), Minn. Gen. R. Prac. 508(b) requires the summons to direct the defendant to appear at the trial, so no answer is filed and the defendant appears on the date stated in the summons or default may be entered. In an eviction (unlawful detainer) action under Minn. Stat. 504B.321, no written answer is needed to avoid default either; the defendant appears before the court on the hearing date stated in the summons, which is set not less than 7 nor more than 14 days from the day the summons is issued (5 to 7 days in an expedited hearing). A response to a divorce or dissolution petition is due within 30 days under Minn. Stat. 518.12. If you miss a deadline where an answer is required, the court can enter your default under Minn. R. Civ. P. 55.01 and enter a default judgment, which you can later move to set aside within a reasonable time and no more than one year under Minn. R. Civ. P. 60.02.

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How long do I have to respond to a lawsuit in Minnesota?

It depends on the track. For a general civil complaint, Minn. R. Civ. P. 12.01 gives you 21 calendar days after the summons is served to serve a written answer on the plaintiff. In Conciliation Court (small claims) no written answer is filed; you appear at the trial on the date stated in the summons under Minn. Gen. R. Prac. 508(b). A divorce or dissolution response is due within 30 days under Minn. Stat. 518.12.

How do I respond to a civil summons in Minnesota?

You respond by serving a written answer on the plaintiff or the plaintiff's attorney within 21 days under Minn. R. Civ. P. 5.02, then filing it with the District Court administrator in the county named in the summons. Minnesota commences a civil case by service, so the answer clock can run before the case is even filed with the court. The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in Minnesota?

If you do not respond by your deadline in a case that requires an answer, Minn. R. Civ. P. 55.01 lets the court enter your default once your failure to plead within the time allowed is shown by affidavit. The court can then enter a default judgment granting what the complaint requests. You may move to set the default aside within a reasonable time, and no more than one year, under Rule 60.02.

How do I answer a summons without an attorney in Minnesota?

Self-represented defendants can answer themselves. The courts publish form CIV302 (Answer or Answer and Counterclaim) that you can adapt, or you can type your answer on pleading paper with the caption set under Minn. R. Civ. P. 10.01. Serve it on the plaintiff, file it with the District Court administrator, and request a fee waiver on form IFP101 if you cannot pay the filing fee.

Minnesota response framework at a glance

Minnesota's response rules turn first on which track your case is in, and the state has one feature that surprises defendants: a civil action is commenced by service, not by court filing. Under Minn. R. Civ. P. 3.01 the case begins when the summons is served on the defendant, so the answer deadline can run before the complaint is ever filed with the court, a practice known as pocket filing. For a general civil complaint, Minn. R. Civ. P. 12.01 directs the defendant to serve an answer within 21 calendar days after the summons is served, and that answer is served on the plaintiff or the plaintiff's attorney under Rule 5.02, then filed with the District Court administrator in the county named in the summons. Conciliation Court (small claims) is different. Under Minn. Gen. R. Prac. 508(b) the summons requires the defendant to appear at the trial, so no written answer is filed and the defendant appears on the date stated in the summons or default may be entered. Eviction (unlawful detainer) is also an appearance track. Under Minn. Stat. 504B.321 the court issues a summons commanding the defendant to appear before the court on the hearing date, which is set not less than 7 nor more than 14 days from the day the summons is issued, and 5 to 7 days in an expedited hearing, so no written answer is required to avoid default. A response to a dissolution petition is due within 30 days under Minn. Stat. 518.12. The Minnesota Judicial Branch website at www.mncourts.gov is the official source for the District Court directory, the optional CIV302 answer form, and the IFP101 fee-waiver affidavit defendants need.

Court Resources

Minnesota Judicial Branch. Help topics for civil cases

Official self-help hub from the Minnesota Judicial Branch explaining how to respond to a civil case, find the right District Court, and use Conciliation Court, used to confirm the track and the court named in the summons.

Minnesota Judicial Branch. Civil court forms (CIV302 Answer)

Official forms library that includes form CIV302 (Answer or Answer and Counterclaim), an optional but recommended answer template a self-represented defendant can adapt, with the caption set under Minn. R. Civ. P. 10.01.

Minnesota Judicial Branch. Fee waiver (IFP101)

The fee-waiver page and form IFP101 (Affidavit for Proceeding In Forma Pauperis) a defendant can file instead of paying the filing fee, based on income at or below 125% of the federal poverty level, public assistance, or inability to pay.

Relevant Laws

Minn. R. Civ. P. 12.01 (21-Day Answer to a Civil Complaint)

Provides that the defendant shall serve an answer within 21 days after service of the summons upon that defendant, unless the court directs otherwise. This is the standard general civil answer deadline in Minnesota, counted in calendar days.

Minn. R. Civ. P. 3.01 (Action Commenced by Service. Pocket Filing)

Provides that a civil action is commenced when the summons is served on the defendant, so in Minnesota the case can proceed and the 21-day answer clock can run before the complaint is ever filed with the court, a practice known as pocket filing.

Minn. Gen. R. Prac. 508(b) (No Written Answer in Conciliation Court)

Requires the Conciliation Court (small claims) summons to direct the defendant to appear at the trial in person, and states that if the defendant does not appear, judgment by default may be entered. No written answer is filed; the defendant appears on the date stated in the summons.

Minn. Stat. 504B.321 (Eviction Summons and Appearance Date)

Directs the court to issue a summons commanding the defendant to appear before the court on the day stated in the summons, set not less than 7 nor more than 14 days from the day of issuing the summons (5 to 7 days in an expedited hearing). No written answer is required to avoid default in an eviction action.

Minn. Stat. 518.12 (30-Day Response to a Dissolution Petition)

Provides that the respondent shall have 30 days in which to answer the petition, and that on service by publication the 30 days do not begin to run until the publication period expires. This is the divorce and dissolution response deadline.

Minn. R. Civ. P. 55.01 (Default and Default Judgment)

Provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend within the time allowed, and that fact is made to appear by affidavit, judgment by default shall be entered against that party, opening the door to a default judgment.

Minn. R. Civ. P. 60.02 (Relief From a Judgment or Order)

Allows a court to relieve a party from a judgment for grounds such as mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and, for those grounds, no more than one year after the judgment.

Minn. Stat. 541.05 (Six-Year Limit on Contract Actions)

Sets the six-year statute of limitations for actions on contracts or other obligations, a key defense to check in debt-collection lawsuits before serving an answer.

Regional Variances

Answer deadline by case track in Minnesota

General civil complaint (Minn. R. Civ. P. 12.01)

21 calendar days after the summons is served to serve a written answer on the plaintiff. Because Minnesota commences a case by service under Rule 3.01, the clock runs from service and the answer can be served before the case is filed with the court (pocket filing). This is the default civil deadline most defendants work against.

Conciliation Court / small claims (Minn. Gen. R. Prac. 508(b))

No written answer is filed. The summons requires the defendant to appear at the trial on the date stated in the summons, and default judgment may be entered if the defendant does not appear. You present your defense in person rather than in a pleading.

Eviction / unlawful detainer (Minn. Stat. 504B.321)

No written answer is required to avoid default. The defendant must appear before the court on the hearing date stated in the summons, which is set not less than 7 nor more than 14 days from the day the summons is issued, and 5 to 7 days in an expedited hearing. This is a much shorter track than general civil, so eviction defendants must move fast.

Divorce / dissolution response (Minn. Stat. 518.12)

30 days after service of the petition to answer, and if service was by publication the 30 days do not begin until the publication period expires. Missing it can let the dissolution proceed by default and let the court decide property, support, and parenting issues.

Which Minnesota court hears your case, by amount

Conciliation Court (small claims division)

Hears claims up to $15,000, with a $4,000 cap for consumer credit transactions. No written answer is filed; the defendant appears at the trial on the date stated in the summons under Minn. Gen. R. Prac. 508(b), or default judgment may be entered.

District Court (general civil)

Handles civil cases with no upper dollar limit, including claims above the Conciliation Court cap. A written answer is required within 21 calendar days of service under Minn. R. Civ. P. 12.01. The filing fee is a $310 base fee plus a county law library fee, typically $320 to $325 in total, unless the court grants a fee waiver.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint requires you to serve a written answer within 21 calendar days under Minn. R. Civ. P. 12.01, counted from the date the summons is served, because Minnesota commences a case by service under Rule 3.01. A dissolution response is due within 30 days under Minn. Stat. 518.12. Conciliation Court (small claims) requires no written answer; you appear at the trial on the date in the summons under Minn. Gen. R. Prac. 508(b). An eviction requires no written answer; you appear at the hearing set 7 to 14 days from issuance under Minn. Stat. 504B.321. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption and the summons to confirm whether the case is a Conciliation Court (small claims) matter, a general civil case in District Court, an eviction, or a dissolution. Conciliation Court and eviction are appearance tracks where no written answer is filed and you appear on the date in the summons. General civil and dissolution require a written response. Confirm the county named in the summons, because that is where your answer is filed with the District Court administrator.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts under Minn. R. Civ. P. 8.03, such as statute of limitations, accord and satisfaction, payment, statute of frauds, fraud, duress, estoppel, waiver, assumption of risk, or contributory negligence. In debt cases, check the six-year limitations period for contract actions under Minn. Stat. 541.05. If you have a claim against the plaintiff arising from the same transaction, you generally must plead it as a compulsory counterclaim under Rule 13.01 or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Minnesota's courts publish form CIV302 (Answer or Answer and Counterclaim), which self-represented defendants can adapt, or you can type the answer on pleading paper with the court, parties, and case caption set under Minn. R. Civ. P. 10.01.

Document: answer-to-complaint

Serve the answer on the plaintiff

On or before the 21-day deadline days after starting

Serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, personal delivery, or e-service if you have opted in, under Minn. R. Civ. P. 5.02. Because Minnesota commences a case by service, serving the answer on the plaintiff within 21 days is the step that meets the deadline, even if the case has not yet been filed with the court.

File the answer with the District Court administrator

With or promptly after serving days after starting

File your answer, with proof of service, with the Court Administrator of the District Court in the county named in the summons under Minn. Gen. R. Prac. 14.01. E-filing is mandatory for attorneys and optional for self-represented litigants, who may also file in person or by mail. The filing fee is a $310 base fee plus a county law library fee, typically $320 to $325 in total.

Request a fee waiver if you cannot afford the filing fee

At the time of filing days after starting

If your income is at or below 125% of the federal poverty level, you receive public assistance, or you are otherwise unable to pay, file form IFP101 (Affidavit for Proceeding In Forma Pauperis) with your answer. Submitting the affidavit lets you file on time without paying the $310 base fee and county law library fee while the court decides eligibility.

Appear at the hearing or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the Conciliation Court trial and the eviction hearing (where no written answer is filed) and any hearing in a general civil case. If a default judgment was already entered, you can move for relief under Minn. R. Civ. P. 60.02 within a reasonable time and no more than one year for mistake, inadvertence, surprise, or excusable neglect. Attorney review is available as an option before you file if your case involves a short eviction hearing date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Minnesota's courts publish form CIV302 (Answer or Answer and Counterclaim), which self-represented defendants can adapt, or you can type the answer on pleading paper with the court, parties, and case caption set under Minn. R. Civ. P. 10.01.

Serve a written answer on the plaintiff or the plaintiff's attorney within 21 calendar days of being served under Minn. R. Civ. P. 12.01, then file it with the District Court administrator in the county named in the summons under Rule 5.02. Because Minnesota commences a case by service rather than filing, you may serve your answer before the case appears on the court's docket. The filing fee is a $310 base fee plus a county law library fee, typically $320 to $325 in total, unless you obtain a fee waiver.

Under Minn. R. Civ. P. 55.01, the court can enter your default once your failure to plead within the time allowed is shown by affidavit, and then enter a default judgment for what the complaint requests. You can file a Motion for Relief from a Judgment or Order under Rule 60.02 for mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for those grounds no more than one year after the judgment, so act quickly.

Often yes. Parties commonly agree in writing to extend the answer deadline, and you can ask the court to enlarge the time under Minn. R. Civ. P. 6.02. Filing a pre-answer motion under Rule 12.02, such as a motion to dismiss for failure to state a claim, can also pause the answer clock until the court rules. Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you serve a response.

You can ask the court to waive your filing fee. Minnesota's fee waiver is requested on form IFP101, the Affidavit for Proceeding In Forma Pauperis, and eligibility is based on income at or below 125% of the federal poverty level, receipt of public assistance, or an inability to pay. If the court grants the waiver, you can file your answer without paying the $310 base fee and county law library fee that would otherwise apply.

Yes. Minnesota treats insufficiency of service of process as a defense you can raise by motion under Minn. R. Civ. P. 12.02 or in your answer. Because a Minnesota civil action is commenced by service under Rule 3.01, defective service can mean the case never properly started and the answer period never began to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks a default judgment under Rule 55.01.

Minn. R. Civ. P. 8.03 lists affirmative defenses you can plead, including statute of limitations, accord and satisfaction, payment, statute of frauds, fraud, duress, estoppel, waiver, assumption of risk, and contributory negligence. To assert your own claim against the plaintiff, you file a counterclaim under Rule 13.01. A counterclaim that arises out of the same transaction as the plaintiff's claim is compulsory and can be lost if you do not plead it.

Respond the same way as any civil complaint: serve a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for contract actions under Minn. Stat. 541.05 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. If the debt is at or under the Conciliation Court cap, the case may be filed there, where no written answer is filed and you instead appear at the trial date stated in the summons.

A respondent served with a dissolution petition has 30 days to answer under Minn. Stat. 518.12, and if service was by publication the 30 days do not begin until the publication period expires. You file your response with the District Court in the county named in the summons. Missing the 30-day window can let the dissolution proceed by default and let the court decide property, support, and parenting issues without your input.

Minnesota follows the federal-style pre-answer motion. Under Minn. R. Civ. P. 12.02, you can move to dismiss for grounds such as lack of jurisdiction, insufficiency of service of process, or failure to state a claim upon which relief can be granted. The motion is brought within the same 21-day response window that applies to an answer and is set for a hearing. If the court denies it, you then serve and file your answer within the time the rule allows.

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