Judgement Summons - Now What?

[moppet2003]

What is the name of your state? Minnesota
I received a judgement summons for credit card debt from 1999 -2001. Last payment was made in late 2000. One Minnesota Statute says various debt collection has an SOL of 6 years, but another for bank collections of 3 years. My question is would I quality for the 3 year SOL since it was bank issued and if not, what do I do next.

 

[Debt Guy]

Here is what I found for MN SOL -- I see 6 years but I don't see anything about a 3 year variation


Minnesota Statutes of Limitation

Breach of contract for sale under the UCC: 4 years, (MSA 336.2.).

NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541).

Tolling: New written acknowledgement or payment tolls the statute of limitations for the debt.

Judgments: 10 years.

 

[moppet2003]

Called the Court - told to call a lawyer

I called the court where the judgement was issued and was told I needed to contact a lawyer because it was out of the courts hands and I couldn't contact the law office suing directly. My 20 days are up on the 25th. What can I do.

 

[Debt Guy]

You received the standard advice when you called the courthouse. They don't give legal advice for all the obvious reasons.

You have 3 choices -- surrender and allow the creditor to be awarded a judgment -- hire an attorney -- represent yourself.

If you follow the latter choice, you will need to educate yourself very quickly. You will need to file a general denial. you can learn a lot at www.creditinfocenter.com.

Question -- other than the fact that you don't want to pay this -- what are the legal grounds a judge would use to deny the judgment? This is the core of your problem.

Based on what you have said, the SOL is not a defense. Certainly improper service is not a defense. What is your defense?

 

[JETX]

One Minnesota Statute says various debt collection has an SOL of 6 years, but another for bank collections of 3 years. My question is would I quality for the 3 year SOL since it was bank issued

No. The correct SOL for a credit card debt (open account) in your state is 6 years.

and if not, what do I do next.

1) Check the SOL. You already have and it appears valid.
2) Check to verify that the plaintiff is the OWNER of the debt (and not an assignee or agent).
3) Check to make sure that the amounts claimed by the plaintiff are correct.
4) If yes to all the above, pay it.
5) If no to any of the above, go to court and present your defense.

 

[moppet2003]

How do I check to see if the plaintiff is the owner? I also paid some of the debt, but they tacked on attorney fees and interest.