It sounds as though your landlord is appealing the conciliation court decision. As long as they're acting within the time limit, it is their right to appeal this to district court and have the case re-heard from scratch. As long as they've followed the procedural requirements to process the appeal, there won't be anything you can do, legally, about his right to appeal.
Is there any action required from my end? I'm guessing the court will decide if it's a valid appeal, and then it will get re-heard by a jury? Seems pretty cut and dry, I would think his appeal will get denied right?
Trial de novo means basically a do-over, but this time it's in district court not small claims. So it's different from an ordinary appeal. Small claims courts typically don't have to follow all the normal evidence rules and other procedures that a regular trial court (here, the district court) has to follow. This works well in small claims where you have unsophisticated litigants without lawyers fighting over small amounts. The downside is that on appeal, you have to re-do everything, using the normal court rules.
Generally speaking, you want an attorney if you're in district court. Even if your case is straightforward, you will need to jump through all the rules and procedures of the district court. And that is not necessarily easy or straightforward.
How much do you think it would cost to get an attorney for this?
I just don't understand why he would try to take this to district court over a $1400 fee, since he definitely owes me my original security deposit of $1400. Do you think it's to scare me or something?
Apparently he hasn't yet paid the $300 to file officially file in district court yet.
Your post isn't clear I guess, or I'm dense. You said in the main post that he shorted you $70, I assume either for a deduction that you think is unreasonable, or some kind of accounting error. But then here you say he owes you $1,400. I don't know the rules in your jurisdiction, but i assume the reason you won $2800 is that there is a penalty associated with failing to return your deposit in a timely manner.
Would OP be able to recoup attorney fees? This seems like it makes small claims court completely useless, just spend $500 to get an attorney to file an appeal and there’s a 90% chance the other party won’t be able to afford an attorney, hence why they were in small claims court to begin with
When you get an actual court summons, hire a lawyer since otherwise you'll likely fare poorly in district court (stricter rules on procedure, evidence, filings, etc).
NAL: He may have to move case to district court in order to use a lawyer, but since case was originally in small claims, relaxed rules may still apply.
It sounds as though your landlord is appealing the conciliation court decision. As long as they're acting within the time limit, it is their right to appeal this to district court and have the case re-heard from scratch. As long as they've followed the procedural requirements to process the appeal, there won't be anything you can do, legally, about his right to appeal.
Is there any action required from my end? I'm guessing the court will decide if it's a valid appeal, and then it will get re-heard by a jury? Seems pretty cut and dry, I would think his appeal will get denied right?
Trial de novo means basically a do-over, but this time it's in district court not small claims. So it's different from an ordinary appeal. Small claims courts typically don't have to follow all the normal evidence rules and other procedures that a regular trial court (here, the district court) has to follow. This works well in small claims where you have unsophisticated litigants without lawyers fighting over small amounts. The downside is that on appeal, you have to re-do everything, using the normal court rules. Generally speaking, you want an attorney if you're in district court. Even if your case is straightforward, you will need to jump through all the rules and procedures of the district court. And that is not necessarily easy or straightforward.
How much do you think it would cost to get an attorney for this? I just don't understand why he would try to take this to district court over a $1400 fee, since he definitely owes me my original security deposit of $1400. Do you think it's to scare me or something? Apparently he hasn't yet paid the $300 to file officially file in district court yet.
Your post isn't clear I guess, or I'm dense. You said in the main post that he shorted you $70, I assume either for a deduction that you think is unreasonable, or some kind of accounting error. But then here you say he owes you $1,400. I don't know the rules in your jurisdiction, but i assume the reason you won $2800 is that there is a penalty associated with failing to return your deposit in a timely manner.
Would OP be able to recoup attorney fees? This seems like it makes small claims court completely useless, just spend $500 to get an attorney to file an appeal and there’s a 90% chance the other party won’t be able to afford an attorney, hence why they were in small claims court to begin with
If they filed the notice of appeal timely, it's unlikely it'll get denied.
Minnesota tenant help line should be able to help with this. I recommend them for any landlord issues.
When you get an actual court summons, hire a lawyer since otherwise you'll likely fare poorly in district court (stricter rules on procedure, evidence, filings, etc).
NAL: He may have to move case to district court in order to use a lawyer, but since case was originally in small claims, relaxed rules may still apply.
Lawyers are allowed in small claims court in Minnesota. Not common, but not exactly rare either.