Jump to content

summons received but not filed?


Recommended Posts

Hello first time posting anything,

My question is about a summons I received from capital one on 11/2011

and I sent them back my answers with in 5 days with a vitrifaction request.

5 months later and I have not received any thing else from them about this and they have not filed with the courts, and I could not file answers with the court because they have no ideal what it it for since there is no case filed.

Has any one dealt with this scenario before and what can i expect them to do next?

as I understand it I can do nothing until I am sued in court.

Thanks everyone.

Link to comment
Share on other sites

OK I found another thread with the answer I was looking for, it is (Time limit for Plaintiff to file with court after a summons has been answered?) Did not like the answer but at least I got it.

I think that it is absurd that in Minnesota they(the plaintive) do not have to file a summons to collect but the defended does have to pay filing fees for there answers to the complaint.

Edited by clearcaller
Link to comment
Share on other sites

I'm not highly knowledgeable on Minnesota's pocket docket system. As best as I can gather, the plaintiff sends a lawsuit directly to the defendant, and does not have to file it with the court. The defendant likewise sends the answer directly to the plaintiff, not to the court.

It is my suspicion that the way these debt collector attorneys work is that they are looking for default judgments. If the defendant doesn't answer, then they file with court. If a defendant does send them an answer, they may drop the matter to go after easier fish.

But again, I'm mostly guessing here, so YMMV.

Good luck.

DH

Link to comment
Share on other sites

Good answers thank you,

Another question I would like to ask is even though summons to me and answers to them have not been filed with the courts, Could I send them discover request questions, document requests, etc as if it was filed.

I have been reading through Minnesota General Rules and every thing refers to ongoing cases really nothing on pocket procedure out side of court.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.