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5.c) Mostad Claim Meeting Date: 1/8/2008 Agenda Item: ,�✓ C� City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651)433-2274 Action Requested: Receive report on resolution of Mostad claim. Deadline/Timeline: N/A Background: • In November,Marney and Howard Mostad fled a claim in Conciliation Court against Dennis Seefeldt in his capacity a mayor, asking for a$7,000.00 payment for improvements to his driveway on property located at 11270 192°d St.N. • In 2004,the town paid for a$3,770.00 improvement to the driveway,because of a steep hill and retaining wall at 192na and Larkspur. The Mostad's claim stated that the driveway is now eroding into the street and making it difficult to get into the property. � Mayor Seefeldt and a representative of the LMCIT appeared in Conciliation Court on December 20. • The judge's order dismissing the claim was received on December 26. The order notes that the statute of limitations on the this type of improvement to real estate is 2 yeazs, and that there was no proof that the damages are due to negligence by the city but more likely due to construction traffic when a new home was recently built on the site. Recommendation: No action is required. Attachments/ • Claim and Summons Materials provided: . Notice of Conciliation Court Order and Judgment Contact(s): Prepared by: Anne Hurlburt, Administrator (mostad claim) Page 1 of 1 O1/03/08 State of Minnesota District Court Washington County Tenth Judicial District Court File Number: 82-CO-07-163 Case Type: Conciliation Notice of Hearing DENNIS SEEFELDT IN HIS CAPACITY OF MAYOR OF NEW SCANDIA 14727-209TH ST NEW SCANDIA MN 55073 Marney Mostad,Howard Mostad vs Dennis Seefeldt in his capacity of Mayor of New Scandia You are notified of the following hearing date(s): Settin December 20,2007 Conciliation Hearing 1:00 PM at the following location: District Court Judge Susan Miles Washington County District Court County Boardroom 14949 62nd St N Stillwater, MN 55082 651-430-6263 You are expected to appear fully prepared. Dated:November 6,2007 Christina M.Volkers Washington County Court Administrator cc: HOWARD MOSTAD Marney Mostad REC�EiVED �01' 1 9 2007 CITY OF SCANDIA � STATEMENT OF CLAIM AND SUMMONS PLEASE TYPE OR PRIT'T LEGIBLY STATE Or 11'dINNESOTA CONCILIATI N OUR COUNTY OF WASHINGTON N0. � C°1 �� " ���j Name and Address Plu[ntiff#1 Name and Address Plaintiff#2 t��N .� /l�l���T�l J �4 �Y ����J� °l�1 �Q�I�I�STD�i �� . �D `���� '7��2Q,�c� �D. /v.� �,9�Vt�s;v�r� M N �-�o�Z �.�9 ��r� /��y s ��%3s/ �S. �S. Name and Address Defendant#1 Name and Address Defendant#2 IOENN�S S��}—c-�1TT ��Y �'I�S G G �T O. �f/f, � (� �W �C.�1V01!9 151727 Zo ' � J�'p7 �C, �vD�A �N STATEMENT OF CLAIM Name Title Being duly swom says that he/she is plaintiff above named;that defendant is at least 18 years old;that defendant is not now in the Military Service; that defendant#1 is a resident of�Q�vh�1/1/'rc f��11 County;defendant#2 is a resident of County;and alleges tliat defendant is indebted to plaintiff in the amount of$ 7 C7� � � ,plus$ �V . �� filing fee;totaling $ ��D,�� ,plus disbursements;by reason of the following facts: 7—H� C RY c�F N�-� ��={�1Y►�lA ffG��CED � ��' ? 1 Y�l Dc�� 1�Q 1 V�,u�,� /-��=-rC Q ��,f/V) t N�9 T�N,( ►'T ��1/G�Zr9 L "y��1�S ��os1� `1/�c �J �-� ��l E�>r9J �l o w i S E���o��V,� i nl Z� i�-Ft s���E'�' �J N.o �S (Yl�}K�n�� �� D i�Fl G V C.J �-� ��7 J�y 77� O V R �R fl P��2�'y �� ; , ;: " t � HOW MANY WITNESSES DO YOU 1NTEND TO CALL? �� �;�;': '�,�.�. � • Z��•�—��-�</'�I NOTARY STAMP OR CLEIZK'S SEAL SUBSCRIBED AND SWO BEFORE ME ON: THE OVE STATEMENT OF C IM IS TRUE AND C CT TO THE BES F OWLEDGE: DATE: I U / J �� SGNATURE DO NOT WRITE BELOW THIS LINE GNATU E DAYTIME PHONE: 7�v�-7c�':J- �7��-L SUMMONS NOTICE OF H�ARINC THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT You are hereby summoned to appear at the hearing of the above entitled case at m,on , at Wusl�ington County Government Center,14949 62nd Street North,Stiliwater,Minnesota,in the COUNTY BOARU ROOM(SOUTH ENTRANCE). 1F YOU INTEND TO CALL MORE THAN T��4'O WITNESSES,NOTIFY THE COURT 1N WRITING. Dated: Judge: Deputy: FAILURE TO APPEAR—Failure of defendant to appear in Court may result in a default judgment being entered against him/her. Failure of plaintiff to appear may result in dismissal of the action or a default judgment being entered in favor of defendant on any counter-claim which has been interposed. NOTICES MAILED: AMERICANS WITH DISABILITIES ACT: If you have a disabi]ity and need a reasonable accommodation for the court process;please call 651/430-4420. If you cannot communicate by voice phone,our TDD number is 651/430-6246. Rev.7/23/03 State of Minnesota � Conciliation Court Washington County Tenth Judicial District Court File Number: 82-CO-07-163 Case Type: Conciliation Notice of Conciliation Court Order and Judgment DENNIS SEEFELDT IN HIS CAPACITY OF MAYOR OF NEW SCANDIA 14727 - 209TH ST NEW SCANDIA MN 55073 Marney Mostad, Howard Mostad vs Dennis Seefeldt in his capacity of Mayor of New Scandia Enclosed is your copy of Order for Judgment on Claim and Counterclaim. If the court has ordered that either party owes monies or property on this matter and if it is satisfied in full we encourage either the plaintiff or the defendant to file with the court a satisfaction of Conciliation Court Claim which must be signed by the Creditor. A copy of this document has been forwarded to the Creditor. Dated: December 21, 2007 Christina M. Volkers Court Administrator Washington County District Court 14949 - 62nd St. N; PO Box 3802 Stillwater MN 55082 651-430-6263 cc: Marney Mostad HOWARD MOSTAD REC�IEIVED Ut� � 6 2U07 CITY OF SCANDIA LiCF-9 SCAO 9R004 Minn.Gea R Ptac,514 . State of Minnesota Conciliation Court Counry Judicial District Case No. co - a� -�6 Plaintif #1 � Plaintiff#2 Name � h �.� � Name Address Address Ci /State/Zi Ci /State/Zi vs. vs. Defendant 1 Defendant#2 Name I W � Name Address Address Ci /State/Zi Cit /State/Zi A earances: laintiff efendant _Neither P ':� Contested Default Order for Jud ment on Claim and Counterclaim Upon evidence received,IT IS HEREBY ORDERED: � is endtled to judgment against for the sum of$ ,plus fees of$ _ .disbursements of$ and conditional costs of$_ . for a total of$ ' ❑ Judgment sha l be entered in favor of (without damages). � '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 an turn the prope over to � ❑ the / e o: �l � P ! �'� d /�J e � . �!'/ - � ' � MP M•1 w !` � �' d y ' N ,v �t to � � � inl ✓�l (a,u� rac ��,u e w u D �` • i r � . Dated: — ' Judge: � JUDGMENT is hereby declared and ntered as sta ' e Court's r er for �dgment set forth above, and the Judgment shall become finally effective on the dat spec' ' t e notice of judgment set fort' elow. Dated: Court Administrator/Deputy: NOTICE: 1'HE PARTI S ARE HEREBY notified that Judgment s been entered as indicated above, but the Judgment is stayed by law until(�ate�Q�, �.r 1 i1 , 3CaC;,�c ,�;,,,�� y�'',(� p,m.(to allow time for an appeaUremoval if desired). THE PARTIES ARE FURTHER TIFIED 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 Pracrice for the District Courts, the opposing party will be awarded $50 as costs. Dated: I�.•a 1--L'� Court Administrator/De u --t.k���' "� ' P h'� Transcript of Judgment: I certify that the above is a conect transcript of the Judgment entered by this Court. Dated: Court Administrator/De u : DEC 2 1 Z�77 -- ' ------, How Do l'ou Pay a 3udgment? � • Payment must be made directly to the party that wins the case (prevailing party) or payment may be made I through the Conciliation Court in the instance that the party can not be located. • If the prevailing party is paid directly, obtain a statement of payment from the pa�ty (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 part}�has not filed an appeal. The judgment is good for 10 years and may be renewed for another 10 years. 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 inforrnation 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 docketed for 30 days. 2. You have not received payment of the judgment. 3. You and the debtor have not agreed to some othe�method of settlement. If those provisions can be met, the Request for Order for Disclosure form can be obtained frorn 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 himlher 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 JudgmenY'(on the front of this form) for permission of the Court to re- open tlie 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. J , ���I�ILg�TION CaUftT APPEALS T� �ISTRlCT GOURT According to statues, a party has a right to appeal the decision of the Conciliation Court to District Court. There is a District Court filing fee of $250.00. If you request a Jury trial, 1he filing fee is an addifional $75.00. Before you do this however, you should be aware of the following. 1. You may be required to pay an extra $50.00, if you lose. Rule 524 of the Minnesota General Rules of Practice for the District Courts, provides that ihe appealing party shall be ordered to pay to the opposing party $50.00 as cos4s, if he or she does not preva�l. 2. Distric4 Court is differenf from Conciliation Court. Conciliation Court gives each party a chance to state his or her case within the constraints of rigid procedural and evidentiary rules. The purpose of Conciliation Court is to enable parties to (itigate small clairns without the expense of attorneys and large court costs, and withouf cornplicated procedural requirements. This is not true in District Court. When a Conciliation Court case is appealed to District Court, 4he parties will be expected to adhere to the rules of Evidence and Civil Procedure. For this reason, the parties should obtain an attorney. The judges recognize that, in some cases, the amount of money in dispute is so low that hiring an attorney would not be practical. In such cases, the Judge may offer telling him or her where to sit or when to speak. Additionatly, the judge may answer the litigant's procedural questions during trial. However, no one should make the rnistake of assuming that District Court will be as easy and informal as Conciliation Court. IVo special consideration will be given to a party merely because he or she does not have an attorney. If you decide to come to District Court without an attorney, you will be expected to conduct yourself just as lawyers do during a trial. Everything that is said at a District Court trial is recorded by an official court reporter. Therefore, it is very important that persons speak one at a time and not interrupt each other. You will be able to state your case at a cenain point in the trial, and you will be able to cross-exarnine the opposing party. After ihe opposing party has spoken, you will always be given an opportunity to respond. At the end of the trial, you will be allowed to summarize your case, if you desire. Therefore, it is always improper to argue back and iorth during a District Court trial. You should wait your turn and, eventually, you will be allowed to speak uninterrupted.