Please help in Hennepin - Minnesota

[hmta1982]

Hi,

On November 2011, I receipt a Summon from M&K (No case number on it). I fill out Pro Se answer and mail it to Henn Cnty and Z. Legal Service. Then later 2 day I receipt a return notice from Henn. Cnty with a reason "We are unable to find any record of this case"

I am in Debt Consolidate service with a company name Z. Legal Service in NY. When I call them they just said close my bank and they are in talking with M&Kto deal with it.

Last week, I receipt a letter "Notice of Entry and Docketing of Judgment" from Hennepin County. Docketed date 3/19/2012. Amout over $10,000 to Creditor is 1 Credit card company.

Could you help me and tell me what to do?

Thank you - HMTA

Edited April 7, 2012 by hmta1982

[WhoCares1000]

You have 20 days to vacate the judgement and I suggest you do so. Did you send your answer to M&K CMRRR? I hope you did because that will be your proof that you answered the summons under MN law which should automatically allow you to vacate the judgement (because it was obtained in error). If you did not send the answer CMRRR, then you will need to come up with a good reason on why you did not answer the summons. The return mail from the court my help you with that. Make sure you do this by April 4th.

Don't bother with the debt consolidation service at this point. They cannot help you. If you get the judgement vacated, then you proceed to discovery. Just send those CMRRR to the attorneys office. You can find people where who are more than able to help you with discovery.

What happened was that you got caught in what we in Minnesota call the Pocket Docket system. What is happening is that they fill out and have your served with the Complain and Summons, then the pocket it rather than file it with the court. That is why when you sent your answer to the Hennepin County Courts, they returned it to you. They do not have the case on file. This is done to avoid paying the court fees until the creditor is sure they can collect or to make the defendant pay the court fees (which amounts to almost $400). To counterattack this, you have to send to the plaintiff attorney an answer with 20 days of receiving the summons and complaint. You need to make the answer as much as a denial rather than "I cannot afford to pay." You do not have the file the answer with the court, just send it CMRRR to M&K. This avoids you paying the fees. What happens next is discovery. You send your questions, document requests, etc to M&K and they will send you yours. Again, do everything CMRRR and not through the courts (remember, they still have no idea that a case is open). Make sure to follow the Minnesota Rules of Civil Procedure which is online. What will happen is that you will get to an impasse where neither can act without paying the court fees. This is usually golden for the defendant because eventually, the only way for the plaintiff to clear the case without paying the court fees is to dismiss. Another member on this board has done this successfully.

Finally, you need to contact your state legislators and complain bitterly about the pocket docket process and how it is confusing to debtors. The legislature does not believe this is the case and thinks that this saves everyone money (nevermind that the court costs get added anyways in the end, regardless of what process is used). If enough of us complain, we can probably change things where to start a case, you actually have to file in a court.

[hmta1982]

Oh ... What is CMRRR? I am sorry I didn't know it?

I was not sent to M&K. I sent it to Z. since they told me to do so. I am very frustration right now. Can I file chap 7 and I want to keep the house? Then everything gone include money from monthly I paid to Z. Legal service? Thank you!

Edited March 28, 2012 by hmta1982

[WhoCares1000]

CMRRR = Certified Mail Return Receipt Requested

Since you did not serve an answer on the defendant, they get a default. You might still be able to get the judgement vacated however, you would just have to show good reason for not answering. I would try to vacate the judgement before filing for BK. If you can get it vacated, odds are good that the plaintiff does not have the evidence to prove the debt in Minnesota (either a signed contract for a contract debt or all statements from when the account was at $0 for account stated). The MN courts website or Hennepin County court clerk should be able to help you file a Motion to Vacate Judgement.

Also, I forgot to say, you have to have someone else mail out anything concerning the lawsuit. Simply having a friend mail it out and then filling out and Affidavit of Service should suffice.

Finally, I would not count on Zuma anymore. Any money you have sent them is down the drain. You could possibly sue them for not taking care of this AND/OR filing a complaint with the MN Attorney Generals office but these companies do this all of the time. This board can give you better advice on how to do things yourself.

[hmta1982]

Wow ... You are so expert.

Can I say my reason because I sent 2 copy to Z. and Henn Cnty. I also have copy of 2 CMRRR to Henn and Z. i have signed contract with Z. with a Power of Attorney.

Question: Why I have to have someone mail out anything concerning the law suit? And what is the Affidavit of Service?

Can I fill BK when I still have a job in MN?

Z. I will take care it later.

Thank you & thank you!

Edited March 28, 2012 by hmta1982

[WhoCares1000]

You have 3 questions here so I will answer them individually:

1) Remember that I said that the plaintiff has not filed the case. Hence Hennepin County does not know that a case exists. That is why they could not accept the answer. It would have been nice if they had told you that you had to have someone that you had to have someone mail out the answer. As for Zuma, they did not provide you with the service they said they were going to provide you but that is a different case. Not surprised however as that is how most services like that work.

2) The Minnesota Rules of Civil Procedure state that a person who is not a party to the lawsuit must effect service. That is why you get a friend to mail the stuff out rather than yourself (or you pay $80 to have the sheriff effect service).

3) You can certainly declare BK and have a job. However, to save your house, you might need to do a CH 13 where you make payments for 5 years.

[hmta1982]

Whocares1000: Thank you a lot.

I take a day off today to go to Hennepin Cnty to ask for Motion to Vacate Judgement. I also going to ask a lawyer to file chap 7. I will come back later today and let you know what is the result. Thankss!

[hmta1982]

Henn. County desk transfer me to see free attorney schedule tomorrow to help me out but they a kind of not sure I can file Vacate judgment??

I meet the BK lawyer and he said I am qualify for Ch 7. So I sign paper work done.

Do I still need to go to Henn. Cnty for help to vacate Judgment? Otherwise Sheriff will put me in jail? Thanks for any reply. Thank you.

[WhoCares1000]

If you are going to go the BK route, then I would not bother vacating at this point. BK will end it right then and there. The sheriff will not arrest you, at least not in this time frame and the can only arrest you if you failed to fill out a financial disclosure form (if your read the Star Tribune articles, that is the theme). In fact, It would be doubtful, even if you ignored the forms, that the sheriff could arrest you until May at the earliest so don't worry there.

I would still file a complaint against Zuma with the AG for not acting in your best interest. I would also complain bitterly to you state legislators regarding who you have been treated under the current system. Until they realize that real people are being hurt and these are people that vote, they think that the system is working.

[hmta1982]

Whocares1000: You are so expert. Please see my in line question:

If you are going to go the BK route, then I would not bother vacating at this point. BK will end it right then and there. The sheriff will not arrest you, at least not in this time frame and the can only arrest you if you failed to fill out a financial disclosure form (if your read the Star Tribune articles, that is the theme). In fact, It would be doubtful, even if you ignored the forms, that the sheriff could arrest you until May at the earliest so don't worry there.

You mean when I signed with the Lawyer for Ch. 7 It mean I don't need to do any thing with the Default Judgment of 1 Credit card?

I signed the paper work CH.7 done at 2:15 PM 3/26.Could you tell me more Is it effected right of today? Or I have to wait until hearing date? I need to update more info for my lawyer. At this point I still worry about what will happen to me tomorrow, so I plan to go to ask the Attorney at Henn Cnty tomorrow why I received Default Judgment? You know I very afraid of some one will come my house tomorrow... If it is...I am :-(....

Right now you are only my suvivor.

I would still file a complaint against Zuma with the AG for not acting in your best interest. I would also complain bitterly to you state legislators regarding who you have been treated under the current system. Until they realize that real people are being hurt and these are people that vote, they think that the system is working.

I will but please help me with this please. You are the best!

Edited March 27, 2012 by hmta1982

[WhoCares1000]

OK, lets calm you down first.

I think you are thinking about the articles that were in the Minneapolis Star Tribune about a year or 2 ago. Those articles were really bad reporting because they did not really show that those who were arrested had been found in contempt of court for not filing financial disclosures which is criminal. You are not at that step.

The step you are at is the judgement/appeals step. Once they get a judgement, you have 20 days to appeal the judgement where the creditor cannot do any collection activities. This is well before the contempt of court step and hence, you have not done anything criminal yet and cannot be arrested.

Not only that but if your attorney has indeed filed an emergency BK which it sounds like he has, then as of the date/time of the filing, all collection activity MUST STOP. This includes judgements. Hence it sounds like the attorney has stopped the judgement dead cold. If they try to attach assets or send a financial disclosure request, have the attorney contact the creditor and warn them that continuing collection activity will result in the creditor getting a smack down. If they continue after the warning, then the attorney should take them to court and see if you cannot own yourself a law office.

In other words, you will not be arrested and you should not worry. There are not any debtor prisons in the USA.

[hmta1982]

Thank you Whocares1000 !!!

You mean I do not need to go to Henn Cnty to fill out Vacant judgment?

Do I need to let CC know I am BK for ch.7, special the Credit card sued me?

Yesterday Lawyer ask me a ton of to do list like: Tax 2010, 2011, paystub, Credit Report, Property inventory ...

So today I will take my daughter to see the Doctor, she sick from last week but I am so crazy.

Thank you Whocares1000, I don't know who you are but you are very helpful, kind of you save my life and my family life.

Can I sent a ton of thanks to you and your family....

Edited March 27, 2012 by hmta1982

[WhoCares1000]

If you are declaring BK Ch 7, then you do not need to vacate the judgement because the BK makes the judgement uncollectable as part of the automatic stay and discharge. You can try to vacate but it would be an exercise for no reason if you filed BK. In fact, had I been an attorney in your case, I would have tried the vacate first knowing that I had until April 4th or 5th to declare BK (which would have given you enough time to get all the information together). Alas, I am not an attorney.

As for a thank you, you can file a complaint with the AG against Zuma and show your state legislators how the current process allowed the plaintiff to keep you from exercising your rights as a defendant. A change in the pocket docket rules would be worth more than anything else to myself and all Minnesotans who find themselves in a situation similar to yours.

[hmta1982]

In fact, had I been an attorney in your case, I would have tried the vacate first knowing that I had until April 4th or 5th to declare BK (which would have given you enough time to get all the information together). Alas, I am not an attorney.

I wish you are my attorney. The problem is I don't know my attorney will do it or not? Because April 4th is coming up soon I afraid of he does not have a time to do it? Yesterday (3/26) I just fill out some information with him and signed it. He still need some info. from me like I said above. I am not pay him anything yet. What do you think? When he will enter or fill out my case? I am afraid of after April 4th something will happen? BTW, I just pull out my Credit report and a law suit from Henn. Cnty in my Credit report too. Still worry!!!

Big thanks to you!