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Help with Summary Judgement in Minnesota


rvs494
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Thanks @BV80

 

I bit the bullet and contacted an attorney that I can't afford, but I'll gladly survive on ramen noodles for awhile if I can get out of paying LVNV $25,000. lol I'll be meeting with him early next week.

 

I actually found the original bank statements that were mailed to me for the dates I referenced earlier, but I also found in storage, some old bank statements from the joint account.

 

There is one from August 5 - September 3, 2004, showing that a check was written in the amount $80.00 on August 16, 2004, which matches the payment made on the original creditor's card statement

 

And the other statement for August 4 - September 6, 2005, shows that a check was written for $2000.00 on August 8, 2005, which also matches a payment on the original credit card statement.

 

So, obviously, my ex was making payments on this credit card, from our joint bank account.

 

If it's possible to get copies of those checks showing her signature, will that help? Or does it not matter because we had a joint bank account at the time?

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@rvs494

 

 

So, obviously, my ex was making payments on this credit card, from our joint bank account.

 

If it's possible to get copies of those checks showing her signature, will that help? Or does it not matter because we had a joint bank account at the time?

 

 

Those questions are definitely beyond me.  Considering that you're divorced, it might depend upon MN law about community property.  

 

On your credit report, does it show that you were a joint account holder?   Or an authorized user?

 

If MN is not a community property state, and if you were only an authorized user, you shouldn't be held liable for her debts.

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@rvs494

 

I forgot about that.

 

An attorney would know if MN is a community property state and whether or not you could be held liable for your ex-wife's debts.  That might be your first question.

 

In the event that you can't be held liable, then you have to decide if you need the attorney's services.

 

First, of course, you continue to deny the allegations.  :-)

 

Second, contact the bank where you had the joint account with your ex.  Find out if bank statements are still available for that former account.  If those bank statements can't be accessed, there's no way the JDB could motion to compel the bank records, and there would be no evidence of any payments made to the credit card account.  The JDB would have to come up with copies of checks.  Those checks would show your wife's name.  The attorney would know how to handle that.

 

Third, summary judgment is granted only if the judge determines that there are no issues to resolve.  The evidence speaks for itself, you don't have a defense, etc.  All you have to do is show that there's at least one issue that still has to be resolved, and it can only be done at trial.,,Therefore, you have to submit an effective opposition that shows the judge that summary should not be granted.   It will have to include applicable case law and any evidence you may have.   That might be where your credit report could come in.

 

Fourth, ask the attorney about any motions that are available to you at this time.  Would it be appropriate to strike certain evidence?   There is no supporting evidence to support the summary provided by the JDB.   Should you motion to strike it?   Or should a motion to preclude be filed?

 

Fifth, find out if MN is a garnishment state.  If the JDB were to prevail, could your wages be garnished?   If so, and if you don't feel you can handle this on your own, you might want to hire an attorney.  BUT, you would still be proactive in order to make sure the attorney is working in your best interests.

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