flacorps

The State of Debt Collection Litigation in Minnesota

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This is why, no matter how you get a summons in Minnesota, you answer it within 20 days. You can answer either by sending the answer to the plaintiff and plaintiff's attorney by CMRRR or by filing in court and either filing an "In-forma Paupis" or paying the court fee.

If you go the CMRRR route, you may need a friend to do the mailing (or to serve in person), then give you a notarized service affidavit. You will also want to watch the court records to make sure they do not sneak a default by filing a false affidavit stating they did not receive an answer. The CMRRR with an affidavit stating you mailed the answer or the service affidavit from a friend should defeat that but again, you have 20 days after the default is issued to vacate it (that is where the 40 days comes in). If they do try the sneak route, I would almost be tempted to file for sanctions against the attorney for a false affidavit too. That should get their attention.

If you end up paying the court fee, then make some reasonable counter-claims (most defendants would have reasonable counter-claims under the FDCPA and state law). That way, they cannot request a dismissal without prejudice and stop the whole show making you pay because your counter-claims still need to be dealt with. Then, the deal is to request at least dismissal with prejudice in exchange for everyone paying their own fees (The $300 will be worth it when the next JDB threatens to sue you on a case that was already dismissed with prejudice).

In your answer, just deny everything except you name (unless you are the wrong person) and follow the outline for your affirmative defenses. Once in court, follow the outline to make the plaintiff prove the allegation and account type.

With that said, the link is correct on 2 things:

1) The pocket docket rules should be replaced so that the plaintiff is required to file a court case to issue a summons and pay the court fees. If they really have a case, then they should put their money where their mouth is.

2) More people need to be educated on their rights and requirements. They need to know that regardless of how it looks, anytime a summons and complaint is issued, they must answer. Otherwise, even bankruptcy is useless because the sharks will simply get a default judgment after the fact and continue business as usual.

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Otherwise, even bankruptcy is useless because the sharks will simply get a default judgment after the fact and continue business as usual.

As a practical matter some shark might do that, and might actually collect from 99 out of 100 debtors, but the one debtor who takes the discharged debt that got sued on back to bankruptcy court as a violation of the bankruptcy court's permanent injunction will dine on shark. And the shark will be unlikely to do any more of that. If there even is a shark after a very pissed-off bankruptcy judge gets through with him.

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Minnesota is not that scary really. If you send an answer to the lawyer CMRRR within 20 days, 99% of the time, they stop there. No muss, no fuss, no bother. Since the case was not filed in court, there are no public records either if they decide to "not continue" down the legal path. The answer is the key.

The issue is more a public education issue than a legal issue. If the public started to answer these things at more than a 5% rate, this whole thing would go away because then, the plaintiff has to either put up the money for a real court case, or go away. The answer would also stop the "peek" garnishment because then a judge takes over, not a court administrator the minute an answer is either sent or filed.

As for the bankruptcy example, it was just that. I would doubt most lawyers would go that far however because as you said, one fighter and you are done for. Plus, the BK people are more likely to have lawyers backing them up.

As for Farve, the smartest thing the Vikings could do right now is dump the old geezer now that every team in the NFL knows that if you keep hitting him, he will eventually mess up.

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Actually, in MN an answer is an answer. Mail your answer CMRRR and you're good. Wait to see if they proceed. Even if they seek and get a default judgement you will get it removed- the key is mailing CMRRR. As far as filing for in-forma paupis, that requires a hearing and judge approval- don't bother. Although the rules of civil procedure state that 'a formal answer is required', that's simply not true.

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So when you mail an answer via CMRRR, does the copy of the mailing suffice as evidence? Or what else is required to prove an answer was sent? From what I have read here it sounds like if you have the CMRRR stub then the notice of receipt that is sufficient. Is this the case?

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Actually, I do not think the green card alone would effect service. I say this because one of the rules in Minnesota is that service cannot be effected by a party in the suit.

What is probably best is that you have a friend effect service by mail (you paying for postage and the green card). The friend then fills out an affidavit of service. That should work around that rule.

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