This article discusses the basics of Minnesota foreclosures. This part addresses the impact a foreclosure of a first mortgage has on a second mortgage (home equity loans). This is part five of a series on Minnesota foreclosures. Foreclosure Basics Foreclosure by Advertisement Foreclosure by Action Deficiency Judgments Foreclosure of a 2nd Mortgage Second Mortgage Foreclosures…
Judicial Forfeiture; Designated Offenses Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a “designated offense.” The definition of “designated offense” includes most serious felonies against persons, a number of property felonies, and felony or gross misdemeanor violations of the crime of unauthorized computer access. It also…
Under the Minnesota Human Rights Act, an employer may not discriminate against an applicant or an employee because of that individual’s marital status.267 An individual’s marital status includes whether that individual is single, married, remarried, divorced, separated or a surviving spouse. The prohibition against marital status discrimination also specifically includes protection against discrimination on the…
This is an example of a letter demanding payment of unpaid debts. For more demand letters, see the Minnesota Demand Letters page. Demand for Full Amount Due Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY] [STATE] [ZIP] Re: Loans in Default to [CLIENT] Gentlemen: I have been retained to represent [CLIENT] regarding three loan defaults. This…
This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. Demand for Payment Letter Template VIA EMAIL AND US MAIL February 8, 2012 [EMAIL] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Amounts owed to [CLIENT] Dear [DEBTOR]: This firm represents [CLIENT] in connection with amounts due…
Minnesota Sexual Harassment Laws Definition Policy Investigation Discipline and Resolution Follow-up and Retaliation Romance in the workplace Definition of Sexual Harassment Sexual harassment is defined as a form of sex discrimination. It exists in the workplace where an employee is subjected to unwelcome advances, suggestive comments, or physical contact of a sexual nature which…
Below is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. What is a Demand Letter? Example Demand Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY], [STATE] [ZIP] Account: [DEBTOR’S ACCOUNT] Invoice #: [INVOICE NUMBER] Invoice Date: [INVOICE DATE] Invoice Amount: $[INVOICE AMOUNT] THIS IS…
This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page.Watch This Before You Continue Demand Letter Sample: [DATE] Sent by U.S. Mail [DEBTOR] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Collection of [CLIENT’S BUSINESS]’s Fees for [ITEMS] Dear [DEBTOR]: This firm represents [CLIENT] and [CLIENT’S BUSINESS]….
This is an example letter demanding a landlord return a former tenant‘s security deposit. For more demand letters, see the Minnesota Demand Letters page. Letter Template Sent by U.S. Mail [DATE] [LANDLORD] [STREET ADDRESS] [CITY], [STATE] [ZIP] Re: [FORMER TENANT] & Your Violations of Minnesota Statutes Chapter 504B Dear [LANDLORD] This firm represents [FORMER TENANT]…
The following posts give examples of demand letters used in the collection of debts. The examples are intended only as a reference and should not be used without first consulting with an experienced collections attorney. Example Demand Letters Example Written Demand for Payment of Overtime Wages Not Paid Example Written Demand for Return of Renter’s…
Between 1985 and 2005, Minnesota’s population increased by approximately 23 percent.20 During that same period of time, the crime rate dropped by about 19 percent.21 Even with a fairly stable population growth and a declining crime rate, the number of felons sentenced increased dramatically, by 148 percent over those 20 years.22 Minnesota’s prison population saw…
Instructions for Preparing Disclosure Documents The Rule specifies how the disclosures are to be prepared, what additional information may and may not be included, and what records franchisors must maintain. Use of “Plain English” The amended Rule requires franchisors to disclose all specified, material information clearly, legibly, and concisely in a single document using plain…
Age Discrimination Settlement Agreements Employers who are terminating the employment of older employees often enter into settlement agreements with these employees in which the employer provides benefits to the employee in return for the employee’s release of his or her claims against the employer. The release usually focuses on waiving rights that the employee may…
Early Retirement Programs Employers who are planning to reduce their workforce may legally institute early retirement programs which offer incentives to certain groups of employees who wish to take the opportunity to retire early. These programs are permissible so long as the choice to accept or reject the early retirement offer is truly voluntary and…
Minnesota Law Minnesota law protects individuals who have attained the age of majority (18) from discrimination in the workplace based on age. Federal law, the Age Discrimination in Employment Act (“ADEA”), protects persons age 40 or older from age discrimination by employers with 20 or more employees. An employer who is not covered by ADEA…
MN Law | Minnesota Human Rights Act Under the Minnesota Human Rights Act (which generally applies to employers with one or more employees), individuals with a disability are protected from discrimination in employment. A disabled person is one who has a physical, sensory or mental impairment that materially limits one or more major life activities,…
Need help? Contact a criminal defense attorney. A Hypothetical: A person we will call “Jane” has been found guilty of felony level welfare fraud. The amount stolen equals $50,000. She has no prior felony level criminal history. In Minnesota, more than 95% of felony level offenses are sentenced pursuant to the Minnesota Sentencing Guidelines. These…
Data on Domestic Abuse Act petitions All data collected, created, received, or maintained by law enforcement agencies and courts under the Domestic Abuse Act is confidential until the temporary OFP is executed or served on the respondent/data subject. Minn. Stat. § 13.80. Data Collected in Domestic Abuse Investigation The report that is prepared as part…
Custody and Visitation Marriage Dissolution Petition A petition for dissolution of marriage or legal separation must allege whether an OFP that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered. Minn. Stat. § 518.10….
Restrictions on firearm possession in cases of domestic assault. No person who has been convicted of domestic assault in Minnesota or elsewhere or of violating a domestic abuse OFP may possess a pistol unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any…
Admissibility of similar conduct evidence. Evidence of similar conduct by the accused against the victim of domestic abuse, or against other family or household members, is admissible in court unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury; or by considerations of undue…
How is Child Support Typically Paid? The Minnesota Child Support Payment Center, a centralized unit run by DHS, must be used to collect and disburse support payments in all IV-D cases. Again, IV-D cases include when the obligee receives or has received public assistance or when the obligor or obligee has applied for support enforcement…
A child support order amount may change through a cost-of-living adjustment (COLA) or a modification. Arrearages may also affect the monthly support payment. COLA Every child support order entered since 1983 must include a biennial COLA that is compounded. Orders entered before 1983 had to have a COLA added whenever an enforcement or modification action…
Potential income If a parent is voluntarily unemployed, underemployed, employed less than full-time, or there is no direct evidence of income, the court must calculate child support based on potential income of that parent. The court will determine potential income by imputing income based on the parent’s probable earnings based on employment potential, recent work…
The court must allocate work- and education-related child care costs to each parent in proportion to the parent’s combined parental income for child support (PICS). The costs will be adjusted by the estimated federal and state child care credits. If the obligor meets the income eligibility requirements for basic sliding fee child care, the court…
As previously stated, child support is ordered by a district court judge, district court referee, or child support magistrate. Child support magistrates preside over IV-D cases only (again, cases where the county is involved because the obligee receives public assistance or the obligor or obligee asks the county for child support enforcement services). Non-IV-D cases…
Each applicant pays a $25 application fee when requesting child support services from the county agency. If the applicant receives public assistance, the fee is not required. If the county provides full child support services to an obligee, the obligee will be charged a cost recovery fee of 2 percent of the amount of child…
Federal Government Minnesota Statutes have long provided for child support orders in cases where parents separate, divorce, or have never married. In 1975, the federal government also became involved in this issue. Congress enacted laws aimed at establishing uniformity and setting minimum standards in state child support enforcement systems. The goal was to reduce the…
Replevin is an action to return goods that are wrongfully held by another person or party.
One of the main sources of confusion for many family law clients is the legal distinction between “sole” and “joint” custody and between “legal” and “physical” custody. For many people, “having custody” of a child simply refers to being the parent who is primarily responsible for raising the child. This conceptual notion typically involves a…