Posts tagged as:

sued

Pocket Service and Pre-Judgment Garnishment

March 8, 2010

Pocket service is lawyer slang for the procedural rule in Minnesota that a lawsuit commences on service of the summons and complaint. This is different from the rule in almost all other states and the federal courts, where a lawsuit begins with filing of the summons and complaint.
When coupled with Minnesota’s rules on pre-judgment garnishment, [...]

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Served By a Debt Collector? What To Do Next

August 4, 2009

Getting served with a lawsuit is one of the more upsetting things that can happen to you. When a process server hands a summons and complaint to you or to someone “of suitable age and discretion” who answers your door, they are dragging you into the legal system.
But really, it is not as bad as [...]

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How not to defend a debt collection lawsuit

March 26, 2009

When I worked as a collection attorney, I would see the same erroneous defenses over and over again. Here are some of the most common:
You don’t have a signed contract
Somewhat surprisingly, creditors are not required to produce a signed contract to prevail in court. There are others case theories, such as account stated, that may [...]

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Do’s and don’ts of dealing with debt collectors

March 24, 2009

There are too many to list, but here are a couple of the most important ones:
Don’t tell a debt collector where you bank or where you work
Debt collectors are always in hot pursuit of bank and employer information because bank and wage garnishments are easy and inexpensive ways to collect a debt. A favorite trick [...]

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