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Minnesota Debtor And Creditor Legal Questions

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7 legal questions have been posted about debtor and creditor by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Minnesota Debtor And Creditor Questions & Legal Answers
Do you have any Minnesota Debtor And Creditor questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 7 previously answered Minnesota Debtor And Creditor questions.
Debtor and Creditor
Minnesota

Recent Legal Answers

Will my fiance's debt transfer to me after were married?

Answered 13 years and a month ago by John Carter Morgan, Jr. (Unclaimed Profile)   |   2 Answers
No!  Your fiance's debt does NOT transfer to YOU after you are married.
No!  Your fiance's debt does NOT transfer to YOU after you are married.

What does a creditor have to do to garnish wages?

Answered 13 years and 9 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
First, in order to garnish, the creditor must serve a summons and complaint on your wife and then obtain a judgment.  After a judgment is entered, the creditor can only garnish 25% of your wife's wages, not 65%.  If the "creditor" is actually a third party trying to collect the money, then by threatening to take 65% of her wages it is violating the Fair Debt COllection Pratices Act, and is liable for nominal damages ($1000 per instance) and your attorney's fees.... Read More
First, in order to garnish, the creditor must serve a summons and complaint on your wife and then obtain a judgment.  After a judgment is... Read More

How can I stop the cash loan people to stop harassing me?

Answered 13 years and 9 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
The Minnesota Attorney General's office is outstanding in helping consumers.  They have limited jurisdiction but having said that, I'd register the compliant with them  That is where I would start.
The Minnesota Attorney General's office is outstanding in helping consumers.  They have limited jurisdiction but having said that, I'd register... Read More

Is it ok for a creditor to take money from your bank account without giving any notice?

Answered 14 years and a month ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
I assume by now that you have resolved this.  Or filed for bankruptcy.  But the creditor first had to have a judgment.  At that point, it had the right to garnish your bank account. As soon as the judgment was entered, you were in jeopardy of that happening.  As you no doubt learned, you then had an exemption notice that you had to return.  But the moral is, as soon as the judgment is entered you have a problem.  Also, there is now a lien on your house, if you have one, and while it should not be enforceable, it is not something you can ignore, as it will show up if and when the house is sold.... Read More
I assume by now that you have resolved this.  Or filed for bankruptcy.  But the creditor first had to have a judgment.  At that point,... Read More

Can I be held responsible for my wifes credit card debt if my name is not on the card. I live in Minnesota

Answered 14 years and 6 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
If you have never signed an agreement with the credit card company, you are not liable for your wife's credit card.
If you have never signed an agreement with the credit card company, you are not liable for your wife's credit card.

If I have a signed payment agreement can I get a judgement without going to court?

Answered 14 years and 6 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
You can't get a judgment without the court being involved.  You could get a default judgment, and because it is based on a written instrument, etc., you could get a default judgment in District without going to court, if the defendant defaults and fails to answer or otherwise respond to the summons and complaint.  If the signed agreement had a confession of judgment, you could also probably avoid going to court, but you will still be using the court. ... Read More
You can't get a judgment without the court being involved.  You could get a default judgment, and because it is based on a written instrument,... Read More

My ex-husband is filing for bankruptcy. Am i responsible for paying a debt that we had when we were both married if the divorce decree says he is

Answered 14 years and 6 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
As regards the creditor, it was not a party to your divorce, so whatever the family law judge ordered does not bind the creditor.  On the other hand, your ex-husband's bankruptcy does not relieve him from paying the bill.  The creditor cannot make him pay it, due to his being discharged from his obligation to the creditor, but you certainly can, as his obligation under the divorce was not discharged.  You may want to see a lawyer to get help with this.  Perhaps you want to find a lawyer that does both family law and bankruptcy.... Read More
As regards the creditor, it was not a party to your divorce, so whatever the family law judge ordered does not bind the creditor.  On the other... Read More
Debtor and Creditor
Minnesota

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