WhoCares1000

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  1. Believe it or not, if you are not in the top 1% of you class in law school, this is what you get. There are simply too many lawyers coming out of school and not enough need. Plus. add to the fact that most lawyers are not good litigators and you have everyone competing for what are the easy jobs. The only real difference between you and most of the lawyers they are sending you is that in law school, they got to practice courtroom procedure and you did not.
  2. He/She still left and did not return. You want a time limit on how long he/she can do this next time so that he/she cannot simply take forever to return. If he wants to use that time to work out other cases and not your case, that is his/her business. By getting the time limit, you also know when you have to be back so you can take care of other things rather than sitting in the court room waiting for the return of the attorney.
  3. I don't have much to add on the case law front but a few pointers with what to expect: Court - Expect that your case will probably be heard last. With a crowded docket and I am sure the clerks know about your case, they will probably want to get through the easy stuff first. That is just how courts work. Bring a book to read while waiting. Assume that the judge might not have had time to read through the MTC yet again or the plaintiff's response. Be ready for anything. Plaintiff Lawyer - Don't be surprised if it is another lawyer du jour. Most firms like these use rental lawyers and
  4. The process is called Pocket Docket where a court case is started when the defendant is served rather than when the case is filed in court. It is called that because the plaintiff is putting their copy of the summons and complaint in their pocket, so to speak, rather than filing with the court. Once a case has been started, the plaintiff has one year to file the case in court or the case is dismissed with prejudice (although realize that the dismissal with prejudice thing has never been tested in court and many legal scholars don't believe it would survive a court test so don't depend on that)
  5. You probably cannot do that because there is a clause in the contract which says that the truck can be used as collateral for any loans you have with the credit union. Credit Unions are notorious for putting those in. Now it may be possible that there is not such a clause in the contract so make sure to read your contract. If there is no clause, you will be in a better position to get the title. I am guessing that there is a cross collateral clause however. The next question is, what is the personal loan amount and what is the truck worth. If the truck is worth enough, the credit union wi
  6. I would show up at court anyways but I would bet that the case gets cancelled. As for requesting for dismissal with prejudice, you can try but more likely than not, if this is the first time the case has been filed, the judge will rule without prejudice. Now if you can prove that you have already been sued more than once for the same debt and they keep dismissing close to trial, you can try for a dismissal with prejudice. If you cannot prove that, don't bother. Sometimes they will file again but most of the time, they move on to better prospects which are cheaper to deal with.
  7. This post leaves quite a bit to be desired in information so we will need more information to understand what is going on. You are claiming that you were in an accident that was your fault. You have insurance and the damage to the other vehicle is $4800. Is this correct? If the above is correct, you are then claiming that you had liability insurance through Dairyland Insurance. Is your insurance company trying to collect the damages from you that they are paying to the other driver? Or is this a case of you did not have enough liability insurance and the $4800 is the excess amount of
  8. This is why I recommend settling in one lump sum rather than with payments and especially with a stipulated judgement. As long as the correct agreement lines up with what you agreed to (The November 2021 date) and you are fine with it, you can sign it and finish it up. I think it would hold up in court if you tried to play games because the court would assume that the case was settled and thus that is why no action.
  9. If indeed this is a big name debt buyer, the first thing I would do is send a Cease and Desist letter CMRRR stating that you are not the debtor they are trying to reach, that you have no relations with the debtor they are trying to reach, and that they are to cease and desist calling your phone number. If they continue to call after receiving the letter, then I would talk to a consumer attorney about what options you have. I feel your pain however. I have had my landline number and owned my home for 15 years and I still get calls for the previous owner of the phone number and the daughter
  10. You should have filed your MTC immediately after filing your answer. Now that you have done discovery, you might not be able to do that. As for the MSJ, I hope you sent your answer and responses to their discovery CMRRR green card style. If you did, then you have proof that they received your answer and discovery responses and can show that to the judge. If you did not do CMRRR Green Card style, you will have to do an affidavit of service filled out by the person who did the service and hope that the judge will believe you over them.
  11. I took a look at the rules of civil procedure and found this: 4.02By Whom Served Unless otherwise ordered by the court, the sheriff or any other person not less than 18 years of age and not a party to the action, may make service of a summons or other process. This says that they person performing service cannot be a party to the action which precludes you. I have posted the link below of my source. Below is the link where I found this. I would suggest looking at the rules of civil procedure because you will need to follow them when filing motions and things like
  12. And as for settlement, the advice of get everything agreed to in writing is good advice, regardless of who you deal with.
  13. And this is another reason why you want to have a friend to do service, you don't want to give these people a reason to say anything you did was improper. As for arguing for arbitration, follow the thread below for advice: Also, make sure you have the correct copy of the agreement and in fact, attach that with an affidavit of where you got it from with the MTC. That then forces them to come up with the agreement if they want to argue that arbitration is not in the agreement.
  14. I am not sure about the you doing the service yourself thing and would feel more comfortable asking a friend to do it. That way, there is no argument on whether you are allowed to serve papers or not. Honestly, I would think 99.999% of the population can find someone 18 years of age or older who is of sound mind to do service while you watch.
  15. 1) A DV is indeed pointless at this point. This is as if a court case has been started. The good news though is that because they decided to use pocket docket, the small claims exception to arbitration does not apply. 2) You send your answer to the plaintiff attorney and about 3 days after sending your answer, send them your MTC. Neither has to be filed with the court until they open the case (which is a good thing because Minnesota court fees are ridiculous). Once you send your MTC, DO NOT participate in discovery, simply stating that you wish for the MTC to be heard first. That puts the