Is this a real summons?

[jtkz]

I was delivered a summons today in minnesota. It looks half way legitimate but does not contain a case # or file # or a specific time to show up at court or any kind of court seal. It just says i have 20 days to serve upon the plaintiffs attorneys (capital one) an answer to the complaint. Is this thing real?

[myid4u2c]

Call you county clerk of court and see if there are any open lawsites against you. How was it delivered?

[jtkz]

By hand, no signature. I did some more reaserch and it looks like its legal because i live in minnesota. Its called pocket serivce. So if you live in minnesote watch out. And don't ignore it. There are some informative posts in this forum .

[treehugger1]

Yes, I think many of us are glad we don't live in Minnesota when it comes to debt issues. Best to you.

[AngelinaCatHub]

Without a case number, you are not being sued. Sounds to me like one of those phony collection letters made to look like legalese. However, as those above said, don't take a chance, it should have a Court location or venue so make that call, otherwise don't worry. Call the lawyer and tell him your intent to C7. It may rattle him a bit. 'Hub

[treehugger1]

Hub, The poster has already acknowledged that pocket service appears to be legal in MN. In fact, I think someone posted this a while back. In some cases, I believe one can be served and the suit action filed afterwards. If such is the case, then ignoring the service could lead to a default judgment. This is no big deal if one doesn't care about having a judgment against him/her, or if one is going to file BK soon.

[jtkz]

Thats right! $20 for prosses server on paperwork the cc lawyers make in their office.They don't need to even notify the court. So beware in Minnesota if you call the courthouse and they say that your name does not appear in any pending actions and you THINK YOU are safe, YOU ARE NOT. They can garnish and freeze bank accts With no further action

[jtkz]

For anyone who lives in minnesota or just wants to keep informed type, caveat emptor blog . Into google. Its the bomb. I hope to be talking to them tomorrow.

[blondeinmn]

This is absolutely legal service in Minnesota. If you ignore this summons you will recieve a default judgement. Read some of my prior posts concerning pocket service in minnesota. The summons will have no case number, no court number. Checking with the county court will not help as the case has probably not been filed yet. It is absolutely legal and a preffered method for collection attorneys. If you have further questions please ask. Minnesota law is confusing and contradictory concerning these matters, if confused, consult an attorney.

[jacko]

I received mine via Hennepin County deputy sheriff. I ignored knowing I had no leg to stand on and as a result received a judgement.

May take the treehugger approach and default on my student loan for the 15% garnishment. I have also a judgement from my HOA which can't be discharged, so why bother filing BK on the other unsecured debt.

On the student loans, any unpaid balance after 25 years is discharged but there will be a tax liability unless Congress acts to plug that loophole.

Currently, collection proof.

I was delivered a summons today in minnesota. It looks half way legitimate but does not contain a case # or file # or a specific time to show up at court or any kind of court seal. It just says i have 20 days to serve upon the plaintiffs attorneys (capital one) an answer to the complaint. Is this thing real?

[ryan]

wow....Minnesota is not exactly the most debtor-friendly place on earth,is it?

[WhatMoney]

Below is the gold standard BKForum thread about Minnesota collection law. Discussed in detail - so much so that everyone finally gave up. The supreme court finally ruled in the joint account case discussed later in that thread - see last URL below. I advised dscurlock to move from MN if he was being pursued for a judgment in MN. I see he moved to TX a month later.

http://www.bkforum.com/showthread.php?t=52394

And the MN supreme court ruling on 4-22-2010 is here:

http://www.leagle.com/unsecure/page....nco20100422370

[jtkz]

Thank you, I had found that 1st link's thread on my own . Thats how i learned about pocket service. I just recieved a garnishment exemption notice from MESSERLI & KRAMER is it to late for me to fight it ? Also if there are five more possible plantiffs down the road is it worth fighting it? Thanks again for all time you take to bring this information to us.

[LoadedGuns]

If you live in Minnesota and owe a debt, get the f*#% out!