Preview
State of Minnesota District Court
Isanti County 10th Judicial District
Court File Number: 30-CV-22-626
Case Type: Eviction (UD)
Eviction Summons
John Staloch (Minn. Stat. § 504B.321)
1715 Badger BLVD
Stanchfield MN 55080
Plaintiff (Landlord)
vs.
Lauren Brown
108 Broadway
Braham MN 55006
Defendant (Tenant)
From: The State of Minnesota
To: The Defendants named above
The Plaintiff/Landlord has filed an eviction complaint against you. YOU ARE SUMMONED to
appear for a hearing about the eviction complaint attached to this paper. A summons means
you have to appear for court. If you do not appear for court, the Plaintiff/Landlord will
automatically win. This means you could lose your home.
Hearing Information
October 19, 2022
Eviction Hearing
8:30 AM
This hearing will be held via Zoom and appearance shall be by video and audio unless
otherwise directed with Judicial Officer Robert Birnbaum.
You must:
• Notify the court if your address, email, or phone number changes.
• Be fully prepared for the remote hearing. If you have exhibits you want the court to see,
you must give them to the court before the hearing. Visit www.mncourts.gov/Remote-
Hearings for more information and options for joining remote hearings, including how
to submit exhibits.
• Contact the court at 763-290-7020 if you do not have access to the internet or are
unable to connect by video and audio.
To join by internet:
1. Type https://zoomgov.com/join in your browser’s address bar.
Eviction Summons Zoom Page 1 of 7 10th Judicial District-MNCIS
Rev. 1/2022
2. Enter the Meeting ID and Meeting Passcode (if asked):
Meeting ID: 160 053 3959
Passcode: 892734
3. Update your name by clicking on your profile picture. If you are representing a party,
add your role to your name, for example, John Smith, Attorney for Defendant.
4. Click the Join Audio icon in the lower left-hand corner of your screen.
5. Click Share Video.
To join by telephone (if you are unable to join by internet):
Be sure you know how to mute your phone when you are not speaking and unmute it again to
speak.
1. Call Toll-Free: 1-833-568-8864
2. Enter the Meeting ID and Meeting Passcode:
Meeting ID: 160 053 3959
Passcode: 892734
Do you need an interpreter? Call court administration as soon as possible (at least 2 days
before your hearing) if you need an interpreter for yourself or for a witness.
This summons is from the court:
John Staloch Date: 10/5/2022
Plaintiff / Agent / Attorney
Court Administration
612-226-6818 By: Jenna
Telephone
About Eviction Court
What happens at eviction court?
The judicial officer will decide whether you have to move, or if you can stay in your home. You
can try to work out a deal with the landlord or ask for a court trial.
What happens if I am late or if I miss court?
You could lose the case automatically and get an eviction on your record. The judicial officer
can order you to move right away; and if you do not move, the sheriff can move you out and
put all your belongings into storage. You will then have to pay the storage and moving costs
before you can get your belongings back.
What are my rights?
You have the right to tell the judicial officer your side of the case. For example:
• If you believe that all or some of the things that your landlord says in the attached
papers are wrong, you can tell those things to the judge.
• If you believe that your landlord is trying to evict you because of something you did to
protect your rights, as a tenant, you can explain that to the judge.
Eviction Summons Zoom Page 2 of 7 10th Judicial District-MNCIS
Rev. 1/2022
• If the attached papers say that you have not paid rent, and you believe that your
apartment is in bad condition and needs repairs, you can tell that to the judge. Have the
total rent owed with you at the hearing.
• You have the right to have witnesses and to present evidence.
• You may have other defenses. You should research the law or ask an attorney.
• You may attend the hearing and speak for yourself or you may have a lawyer with you
to represent you. If you want a lawyer, you must get one right away.
Helpful Resources
• Tenant Information: mncourts.gov/Help-Topics/Tenants.aspx
• Landlord Information: mncourts.gov/Help-Topics/Landlords.aspx
• Legal Assistance: LawHelpMN.org/evictions
• Other Resources for Finding a Lawyer: mncourts.gov/Help-Topics/Find-a-Lawyer.aspx
Important! You may be connecting from home, but it is still a
court hearing. Pay attention and follow all rules.
To receive an eReminder for future court dates via e-mail or text, visit
www.mncourts.gov/Hearing-eReminders.aspx or scan the QR code to enroll.
Eviction Summons Zoom Page 3 of 7 10th Judicial District-MNCIS
Rev. 1/2022
Tenth District Evictions Overview
What is an eviction action?
An eviction action is the legal way for a landlord to remove a tenant from rental property.
A landlord must use the eviction process to get a tenant to leave.
• It is against the law for a landlord to use “self-help” measures. These are things like
removing a tenant by force or changing the locks without a court order.
Generally, a landlord must have a valid reason to evict a tenant. A reason like:
• not paying rent
• violating the lease
• breaking the law
• staying in the property after getting proper notice to leave (also called holding over)
The Eviction Action Process:
The landlord must give the tenant proper notice before filing an eviction in
court. What counts as “proper notice” depends on the rental agreement and
what caused the eviction action.
• If there is a written lease: The landlord must follow the rules about giving notice
that are in the lease. BUT, if the tenant has not paid rent, or has violated the
lease, the landlord might not have to give any notice at all.
• If there is no lease (tenancy-at-will): The landlord must give the tenant written
notice at least one full rental period in advance or 3 months in advance,
whichever is shorter.
• If a tenant-at-will does not pay rent when it is due a landlord only has to give
them 14-days to leave. The landlord must give the tenant a written “Notice to
Quit.” This can be a letter or a form.
A landlord files an eviction action by:
• Filling out an Eviction Complaint and filing it with the Court. The Complaint must
have the name of the tenant and their date of birth, if known. It also has to
describe the rental property, state why the tenant should be evicted, and ask for
the tenant to be evicted.
• Bringing the Complaint and other documents (like the lease and written
notice) to Court Administration in the county where they are filing the
eviction.
• Paying the filing fee, or if you are low-income, applying for a Fee Waiver (IFP).
Then Court Administration issues a Summons. The Summons tells the tenant that a
legal action has been filed against him or her. It includes the date and time of the
hearing.
Eviction Summons Zoom Page 4 of 7 10th Judicial District-MNCIS
Rev. 1/2022
The Court schedules a hearing 7 to 14 days from the date the Summons is issued.
The tenant must be properly served with the Summons and Complaint at least 7 days
before the hearing date.
• “Proper service” means the Summons and Complaint are delivered by a
neutral, third- party (not the landlord) who is at least 18 years old. The papers
have to be delivered to the tenant in a way set out by law.
Minnesota law allows for the following types of service:
• Personal Service: An adult hand-delivers the Summons and Complaint to the tenant.
• Substitute Service: If a tenant can’t be found for personal service, an adult can
leave the Summons and Complaint with a responsible person who lives with the
tenant. This person is now responsible for giving the documents to the tenant.
• Mail and Post: If personal and substitute service was tried at least twice, on
different days, and one of the attempts was between 6:00 p.m. and 10:00 p.m.,
then service can be done by mail and post. The papers are mailed to the
tenant’s last known address and posted in an obvious place on the property at
least 7 days before the court date.
There are steps that must be followed for “mail and post” service. These include filing
an Affidavit of Not Found, an Affidavit of Plaintiff and an Affidavit of Service by Mail.
The person who serves the tenant must fill out an Affidavit of Service. The affidavit
must be filed with the Court at least 3 business days before the hearing.
Responding to an Eviction Action:
A tenant can respond to an Eviction Complaint by filling out an Eviction Answer
and filing it with the Court or bringing it to the hearing. A written Answer is not
required. A tenant may also verbally answer the complaint at the hearing.
The landlord and tenant go to the hearing and tell their sides of the story.
Evidence like documents, photos, and witnesses, can be brought to the hearing to
support a claim or defense. If the Court says it is going to order the eviction, the
tenant can ask for up to 7 days to move out.
What happens if the court issues a judgment evicting the tenant?
• The landlord must get a Writ of Recovery. The Writ of Recovery gives the
tenant 24 hours to move out.
• The landlord has to have the sheriff, or a police officer, deliver the Writ of
Recovery to the tenant or post the writ on the tenant’s door.
• If the tenant does not leave, the landlord can set a move-out day and time
with the sheriff.
Eviction Summons Zoom Page 5 of 7 10th Judicial District-MNCIS
Rev. 1/2022
The tenant has 15 days to appeal the order to the Court of Appeals. If the tenant tells
the Court they are planning to appeal, the Court may put the Writ of Recovery order
on hold during this time.
This Overview provides some of the information you need to know when you are involved in
a legal case. It is not legal advice. It does not tell you everything you need to know about the
law in Minnesota. You should get legal advice from a lawyer.
Eviction Resources
HOME Line (Tenant Hotline) – www.homelinemn.org
• Statewide tenant’s rights organization that provides free advice to renters.
COVID Emergency Housing Assistance – https://www.mnhousing.gov/sites/np/renters
• State agency that assists the public with emergency housing and rental assistance.
LawHelpMN – www.LawHelpMN.org
• Fact sheets, booklets and additional resources that can help you understand the eviction
process.
o Click on Self Help Library > Housing topic > Evictions and Lockouts
Community Mediation Minnesota - communitymediationmn.org
• A network of certified nonprofit service providers with mediators ready to help
Minnesotans caught in conflicts.
• Your case may be mediated prior to Court, saving you time and resources.
• Call 1-833-266-2663 or send email to info@CommmunityMediationMN.org to request
mediation services
Minnesota Judicial Branch Website - www.mncourts.gov
• Links to lawyer referral programs, lawyer locators for people with low income and other
services.
o Click on Help Topics > Find a Lawyer
• Information about landlord and tenant issues, including rules and laws, forms, and other
resources.
o Click on Help Topics > Landlord Resources or Tenant Resources
• Information about representing yourself, tips for your day in court and suggestions
about finding other parties involved in your case.
o Click on Help Topics > Representing Yourself in Court
Self-Help Centers - https://mncourts.gov/Help-Topics/Self-Help-Centers.aspx
• Contact information and hours for the 8 Self-Help Centers in the 10th Judicial District.
Also, has tips and advice for visiting a self-help center.
• Contact information for the Statewide Self-Help Center.
Eviction Summons Zoom Page 6 of 7 10th Judicial District-MNCIS
Rev. 1/2022
• Information on free legal advice clinics.
o Click on Help Topics > Self Help Centers
Eviction Summons Zoom Page 7 of 7 10th Judicial District-MNCIS
Rev. 1/2022
Preview
State of Minnesota District Court Isanti County 10th Judicial District Court File Number: 30-CV-22-626 Case Type: Eviction (UD) Eviction Summons John Staloch (Minn. Stat. § 504B.321) 1715 Badger BLVD Stanchfield MN 55080 Plaintiff (Landlord) vs. Lauren Brown 108 Broadway Braham MN 55006 Defendant (Tenant) From: The State of Minnesota To: The Defendants named above The Plaintiff/Landlord has filed an eviction complaint against you. YOU ARE SUMMONED to appear for a hearing about the eviction complaint attached to this paper. A summons means you have to appear for court. If you do not appear for court, the Plaintiff/Landlord will automatically win. This means you could lose your home. Hearing Information October 19, 2022 Eviction Hearing 8:30 AM This hearing will be held via Zoom and appearance shall be by video and audio unless otherwise directed with Judicial Officer Robert Birnbaum. You must: • Notify the court if your address, email, or phone number changes. • Be fully prepared for the remote hearing. If you have exhibits you want the court to see, you must give them to the court before the hearing. Visit www.mncourts.gov/Remote- Hearings for more information and options for joining remote hearings, including how to submit exhibits. • Contact the court at 763-290-7020 if you do not have access to the internet or are unable to connect by video and audio. To join by internet: 1. Type https://zoomgov.com/join in your browser’s address bar. Eviction Summons Zoom Page 1 of 7 10th Judicial District-MNCIS Rev. 1/2022 2. Enter the Meeting ID and Meeting Passcode (if asked): Meeting ID: 160 053 3959 Passcode: 892734 3. Update your name by clicking on your profile picture. If you are representing a party, add your role to your name, for example, John Smith, Attorney for Defendant. 4. Click the Join Audio icon in the lower left-hand corner of your screen. 5. Click Share Video. To join by telephone (if you are unable to join by internet): Be sure you know how to mute your phone when you are not speaking and unmute it again to speak. 1. Call Toll-Free: 1-833-568-8864 2. Enter the Meeting ID and Meeting Passcode: Meeting ID: 160 053 3959 Passcode: 892734 Do you need an interpreter? Call court administration as soon as possible (at least 2 days before your hearing) if you need an interpreter for yourself or for a witness. This summons is from the court: John Staloch Date: 10/5/2022 Plaintiff / Agent / Attorney Court Administration 612-226-6818 By: Jenna Telephone About Eviction Court What happens at eviction court? The judicial officer will decide whether you have to move, or if you can stay in your home. You can try to work out a deal with the landlord or ask for a court trial. What happens if I am late or if I miss court? You could lose the case automatically and get an eviction on your record. The judicial officer can order you to move right away; and if you do not move, the sheriff can move you out and put all your belongings into storage. You will then have to pay the storage and moving costs before you can get your belongings back. What are my rights? You have the right to tell the judicial officer your side of the case. For example: • If you believe that all or some of the things that your landlord says in the attached papers are wrong, you can tell those things to the judge. • If you believe that your landlord is trying to evict you because of something you did to protect your rights, as a tenant, you can explain that to the judge. Eviction Summons Zoom Page 2 of 7 10th Judicial District-MNCIS Rev. 1/2022 • If the attached papers say that you have not paid rent, and you believe that your apartment is in bad condition and needs repairs, you can tell that to the judge. Have the total rent owed with you at the hearing. • You have the right to have witnesses and to present evidence. • You may have other defenses. You should research the law or ask an attorney. • You may attend the hearing and speak for yourself or you may have a lawyer with you to represent you. If you want a lawyer, you must get one right away. Helpful Resources • Tenant Information: mncourts.gov/Help-Topics/Tenants.aspx • Landlord Information: mncourts.gov/Help-Topics/Landlords.aspx • Legal Assistance: LawHelpMN.org/evictions • Other Resources for Finding a Lawyer: mncourts.gov/Help-Topics/Find-a-Lawyer.aspx Important! You may be connecting from home, but it is still a court hearing. Pay attention and follow all rules. To receive an eReminder for future court dates via e-mail or text, visit www.mncourts.gov/Hearing-eReminders.aspx or scan the QR code to enroll. Eviction Summons Zoom Page 3 of 7 10th Judicial District-MNCIS Rev. 1/2022 Tenth District Evictions Overview What is an eviction action? An eviction action is the legal way for a landlord to remove a tenant from rental property. A landlord must use the eviction process to get a tenant to leave. • It is against the law for a landlord to use “self-help” measures. These are things like removing a tenant by force or changing the locks without a court order. Generally, a landlord must have a valid reason to evict a tenant. A reason like: • not paying rent • violating the lease • breaking the law • staying in the property after getting proper notice to leave (also called holding over) The Eviction Action Process: The landlord must give the tenant proper notice before filing an eviction in court. What counts as “proper notice” depends on the rental agreement and what caused the eviction action. • If there is a written lease: The landlord must follow the rules about giving notice that are in the lease. BUT, if the tenant has not paid rent, or has violated the lease, the landlord might not have to give any notice at all. • If there is no lease (tenancy-at-will): The landlord must give the tenant written notice at least one full rental period in advance or 3 months in advance, whichever is shorter. • If a tenant-at-will does not pay rent when it is due a landlord only has to give them 14-days to leave. The landlord must give the tenant a written “Notice to Quit.” This can be a letter or a form. A landlord files an eviction action by: • Filling out an Eviction Complaint and filing it with the Court. The Complaint must have the name of the tenant and their date of birth, if known. It also has to describe the rental property, state why the tenant should be evicted, and ask for the tenant to be evicted. • Bringing the Complaint and other documents (like the lease and written notice) to Court Administration in the county where they are filing the eviction. • Paying the filing fee, or if you are low-income, applying for a Fee Waiver (IFP). Then Court Administration issues a Summons. The Summons tells the tenant that a legal action has been filed against him or her. It includes the date and time of the hearing. Eviction Summons Zoom Page 4 of 7 10th Judicial District-MNCIS Rev. 1/2022 The Court schedules a hearing 7 to 14 days from the date the Summons is issued. The tenant must be properly served with the Summons and Complaint at least 7 days before the hearing date. • “Proper service” means the Summons and Complaint are delivered by a neutral, third- party (not the landlord) who is at least 18 years old. The papers have to be delivered to the tenant in a way set out by law. Minnesota law allows for the following types of service: • Personal Service: An adult hand-delivers the Summons and Complaint to the tenant. • Substitute Service: If a tenant can’t be found for personal service, an adult can leave the Summons and Complaint with a responsible person who lives with the tenant. This person is now responsible for giving the documents to the tenant. • Mail and Post: If personal and substitute service was tried at least twice, on different days, and one of the attempts was between 6:00 p.m. and 10:00 p.m., then service can be done by mail and post. The papers are mailed to the tenant’s last known address and posted in an obvious place on the property at least 7 days before the court date. There are steps that must be followed for “mail and post” service. These include filing an Affidavit of Not Found, an Affidavit of Plaintiff and an Affidavit of Service by Mail. The person who serves the tenant must fill out an Affidavit of Service. The affidavit must be filed with the Court at least 3 business days before the hearing. Responding to an Eviction Action: A tenant can respond to an Eviction Complaint by filling out an Eviction Answer and filing it with the Court or bringing it to the hearing. A written Answer is not required. A tenant may also verbally answer the complaint at the hearing. The landlord and tenant go to the hearing and tell their sides of the story. Evidence like documents, photos, and witnesses, can be brought to the hearing to support a claim or defense. If the Court says it is going to order the eviction, the tenant can ask for up to 7 days to move out. What happens if the court issues a judgment evicting the tenant? • The landlord must get a Writ of Recovery. The Writ of Recovery gives the tenant 24 hours to move out. • The landlord has to have the sheriff, or a police officer, deliver the Writ of Recovery to the tenant or post the writ on the tenant’s door. • If the tenant does not leave, the landlord can set a move-out day and time with the sheriff. Eviction Summons Zoom Page 5 of 7 10th Judicial District-MNCIS Rev. 1/2022 The tenant has 15 days to appeal the order to the Court of Appeals. If the tenant tells the Court they are planning to appeal, the Court may put the Writ of Recovery order on hold during this time. This Overview provides some of the information you need to know when you are involved in a legal case. It is not legal advice. It does not tell you everything you need to know about the law in Minnesota. You should get legal advice from a lawyer. Eviction Resources HOME Line (Tenant Hotline) – www.homelinemn.org • Statewide tenant’s rights organization that provides free advice to renters. COVID Emergency Housing Assistance – https://www.mnhousing.gov/sites/np/renters • State agency that assists the public with emergency housing and rental assistance. LawHelpMN – www.LawHelpMN.org • Fact sheets, booklets and additional resources that can help you understand the eviction process. o Click on Self Help Library > Housing topic > Evictions and Lockouts Community Mediation Minnesota - communitymediationmn.org • A network of certified nonprofit service providers with mediators ready to help Minnesotans caught in conflicts. • Your case may be mediated prior to Court, saving you time and resources. • Call 1-833-266-2663 or send email to info@CommmunityMediationMN.org to request mediation services Minnesota Judicial Branch Website - www.mncourts.gov • Links to lawyer referral programs, lawyer locators for people with low income and other services. o Click on Help Topics > Find a Lawyer • Information about landlord and tenant issues, including rules and laws, forms, and other resources. o Click on Help Topics > Landlord Resources or Tenant Resources • Information about representing yourself, tips for your day in court and suggestions about finding other parties involved in your case. o Click on Help Topics > Representing Yourself in Court Self-Help Centers - https://mncourts.gov/Help-Topics/Self-Help-Centers.aspx • Contact information and hours for the 8 Self-Help Centers in the 10th Judicial District. Also, has tips and advice for visiting a self-help center. • Contact information for the Statewide Self-Help Center. Eviction Summons Zoom Page 6 of 7 10th Judicial District-MNCIS Rev. 1/2022 • Information on free legal advice clinics. o Click on Help Topics > Self Help Centers Eviction Summons Zoom Page 7 of 7 10th Judicial District-MNCIS Rev. 1/2022