The Minnesota Affidavit of Service By Posting (Eviction) is a document used in an eviction process in the state of Minnesota. The affidavit is used as proof that a tenant has been served with the appropriate eviction notice. There are two types of Minnesota Affidavit of Service By Posting (Eviction). The first type is the Unlawful Detained Affidavit of Service By Posting. This affidavit is used to prove that the tenant has been served with an Unlawful Detained Notice. This notice informs the tenant that they are in violation of their lease agreement and must vacate the premises within a specified period of time. The second type is the Notice to Quit Affidavit of Service By Posting. This affidavit is used to prove that the tenant has been served with a Notice to Quit. This notice informs the tenant that they must vacate the premises within a specific period of time and that they will be subject to additional legal action if they fail to comply. Both of these affidavits must be completed and notarized before they are valid. The document must include the name of the tenant, the date of service, the address of the property being served, and the name of the person who served the notice. The affidavit must also include a sworn statement that the notice was posted in a conspicuous place on the property.
Minnesota Affidavit of Service By Posting (Eviction)
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FAQ
Service by mail shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding. Pursuant to Minnesota Statutes 2006, section 518A. 46, subdivision 2, paragraph (c), clause (4), an employee of the county agency may serve documents on the parties.
Proper service occurs when you are presented with a summons and complaint or petition. A police officer or any other person more than 18 years of age and not a party to the action, may make service of a summons or other process. That means that the opposing party in the suit cannot be the person that serves you.
Order FAQ. How much does service cost? Price depends on geography. Service of process ranges from $75 to $145.
Minnesota Rules of Criminal Procedure Rule 3 states that a Summons is the preferred method to issue a complaint to a defendant. Under most circumstances a defendant will receive a summons in the mail with a court date, for example if it's a minor theft, drug, or DWI charge.
Rule 5. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. A party appears when that party serves or files any document in the proceeding.
The property owner (plaintiff) must file an eviction action complaint in housing court. The court will establish a court hearing date and issue a summons. The summons and complaint must be served by a neutral person at least 7 days before the court date.