Like many states, Minnesota has a conciliation court, which is a user-friendly forum where disputes involving less than $15,000 can be resolved, most typically by a referee or judge. The case is typically done off the record, attorneys are typically not involved, and...
When Legal Matters Become Personal
Judgments
Judgments no longer being reported on credit report
The three major credit bureaus recently decided to stop reporting judgments on credit reports. This is due, in part, to the difficulty in providing accurate information. It is easy for them to gather the information when a judgment is docketed, but when a satisfaction...
A Creditor has sued me, I answered and disputed, and nothing has happened.
This is a situation which happens with surprising frequency. Many collection law firms are merely retained by collection agencies for the purpose of collecting low hanging fruit, and when a debtor requests their day in court by serving an answer, a law firm and/or...
What is a “Garnishment Summons and Disclosure Notice and Exemption Form”
This means that your creditor has served a writ of execution on your bank, and unless the funds are Social Security, in which case the bank is permitted to disregard this pursuant to treasury regulations, the bank will put a freeze on your account, usually assess an...
What is a “Demand for Disclosure and Disclosure Form?”
This means that you have gotten to the end of the collection cycle, and the creditor has a judgment and wants to know what your assets are, including where you bank, and what your income is, including the name of your employer. This might come from the judgment...
Can Creditors Seize My Tax Refund?
No. Private creditors cannot seize a federal tax refund, even if they have a judgment against you. The only creditors who can go after your tax refund are the IRS, student loans, certain other debts owed to the government, and child support. The same is true of a...
What is a “Garnishment Exemption Notice and Notice of Intent to Garnish Earnings?”
If you’ve been served one of these (Garnishment Summons), it means you’ve probably come to the end of the collections cycle where you need to do something about it. There is a Judgment against you, so rule #1 is to keep your money out of the bank. The next thing is to...
Can I get arrested (or go to jail) for failing to pay a debt?
No. Minnesota outlawed “debtor’s prisons” in the State Constitution (article 1, section 12) 150 years ago. Courts have since carved out an exception for child support and spousal maintenance, reasoning that those are not debts. It is illegal for a creditor to threaten...
Can my Spouse’s Judgment Creditor Levy on Funds in Our Joint Account?
Yes, but you if you can prove that the most recent source of funds is your earnings, they will have to give it back. This can be fairly complicated, and they can keep levying on your bank account. The safer course of action would be for you to keep your funds in a...