How to Vacate a Default Judgment in Minnesota Conciliation Court

You missed your conciliation court hearing in Minnesota and now there's a default judgment against you. The court notice states the amount awarded and any allowed costs.

This isn't necessarily permanent. Minnesota General Rule of Practice 520 gives defendants a way to reopen defaulted cases — but the window is narrow and the requirements are specific.

The Rule 520 Motion to Vacate

A Motion to Vacate is the only post-default remedy in Minnesota conciliation court. You cannot file a Demand for Removal (the standard post-hearing challenge under Rule 521) after a default judgment — that path is exclusively for cases where both parties appeared and a ruling was issued after a hearing.

The motion asks the court to set aside the default judgment and schedule a new hearing where you can actually present your defense.

The 21-Day Filing Deadline

The motion should be filed within 21 days of the date Court Administration mailed the Notice of Order for Judgment.

Count carefully: day one is the day after the mailing date printed on the notice. If the final day falls on a weekend or legal holiday, the deadline extends to the next business day.

If the 21-day window has already closed, Rule 520 still allows a motion within a "reasonable time" if you show "good cause." File as promptly as you can and explain the delay.

What You Need to File

The Minnesota Judicial Branch publishes a dedicated packet for vacating conciliation court judgments. The forms you need:

• Form CCT504 — Request to Vacate Order for Judgment
• Form CCT505 — Instructions (procedural guidance)
• Form CCT506 — Notice and Motion to Vacate Judgment
• Form CCT507 — Affidavit in Support of Motion to Vacate

All four forms are available at mncourts.gov under the conciliation court forms section. Look for the packet titled "Vacate Conciliation Court Judgment after 21-Day Deadline Has Passed" and follow its instructions for the filing that applies to your case.

You'll also need to pay a $100 civil motion filing fee. If you can't afford it, submit Form CCT104 (Affidavit of Inability to Pay) to apply for a fee waiver under Minnesota's In Forma Pauperis statute (Minn. Stat. § 563.01). Qualification is based on receiving public assistance or having a family income below 125% of the Federal Poverty Guidelines.

The Two Things You Must Prove

A motion to vacate isn't a rubber stamp. The court requires you to establish both of the following:

1. Excusable Neglect

Rule 520 requires a showing of excusable neglect. Examples to address include:

• Defective service — you never actually received the summons (the court mailed it, but it went to an old address)
• Medical emergency — a hospitalization or acute health crisis on or near the hearing date

2. A Meritorious Defense

Even with excusable neglect, the court won't vacate the judgment unless you can show you had a real defense to the plaintiff's claim. You don't need to prove you'd win — you need to demonstrate that your side of the story, if heard, could change the outcome.

In the affidavit (Form CCT507), lay out the facts of your defense clearly. What happened, what evidence you have, and why the plaintiff's version is wrong or incomplete.

Filing Doesn't Stop Collection

One critical point that catches people off guard: filing a Motion to Vacate does not automatically stay enforcement. The plaintiff can still pursue collection on the default judgment — docketing it in district court, requesting asset disclosure, potentially moving toward garnishment — while your motion is pending.

If you need enforcement paused while the court considers your motion, you'd need to request a separate stay order. Talk to Court Administration about local procedures for this.

What Happens If the Motion Is Granted

If the court grants your motion, the default judgment is set aside and the case goes back on the calendar for a hearing. You'll get a new hearing date where both sides present their evidence and the referee makes a decision on the merits.

This is your fresh start — treat it accordingly. Organize your evidence, bring the original documents plus two full paper copies, prepare your timeline of events, and show up on time.

What Happens If It's Denied

If the court denies your motion, the default judgment stands. A default judgment cannot be challenged through a Demand for Removal under Rule 521. The post-default remedy is a Rule 520 Motion to Vacate; for questions about any further review after denial, contact legal aid or an attorney promptly.

The practical lesson: if you have grounds to vacate, file promptly and put together an affidavit addressing excusable neglect and a plausible defense.

Our Minnesota small claims response guide includes the complete motion-to-vacate process with deadline calculations, an affidavit preparation framework, and step-by-step filing instructions.

See more Minnesota guides →