Once you have a judgment against a non-paying debtor, it may be time to garnish his or her wages. Step 1: Serve Notice of Garnishment You must serve the debtor with a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings Within 10 Days upon the debtor at least 10 days before attempting to…
Attempting to collect a debt can be difficult, even when you already have a court order showing that the debt is owed to you. Not every debtor will pay a debt simply because a court has ruled he or she owes it. Seek Court Intervention When debtors won’t simply pay up, you may need to…
Choosing the Form of Business Organization: Tax and Non-Tax Considerations Introduction One of the fundamental initial decisions a new business owner faces is choosing the form of organization for the business. Generally speaking, a person should consider himself or herself to be “in business” once they have begun the operation of an activity for which…
You can inform the court, through an Affidavit in Support of Order to Show Cause, of the debtor’s noncompliance and ask the court to require the debtor to appear in court and tell the court why the debtor failed to respond to your questions.
If you are a creditor attempting to collect a debt, but the person owing the debt is refusing to pay, there are legal remedies available to you. First, you must initiate a lawsuit and obtain a judgment in your favor for the amount of debt owed to you. If you serve the debtor with a…
Is a creditor, if you request an Order for Disclosure from a court ordering the debtor provide you with information about the debtor’s assets, but the debtor doesn’t obey the court, you are not done. If the debtor fails to comply with the court’s Order for Disclosure and does not provide you with the debtor’s…
When people draft contracts, the contract provisions are sometimes confusing, ambiguous, and vague. These ambiguous contract clauses often become an issue in a lawsuit. Have you ever wondered how Minnesota courts address ambiguous clauses (also called contract provisions) in a contract? Here is the answer from a recent Minnesota district court case: The primary goal…
The first step to collecting a debt owed is obtaining a judgment from a court. Once you have a judgment, you can begin the collection process. If the debtor does not automatically pay, you will have to do some work. After obtaining a judgment and docketing the judgment, you will need to find out…
With certain exceptions, often involving fraud or deceit of the debtor, a creditor may not garnish assets of a debtor without first obtaining a judgment against the debtor. There are many other steps a debtor must take before garnishment including docketing the judgment. A creditor also must find out where there are assets or finances…
People sometimes wrongly believe that oral contacts are not enforceable. Oral contracts are just as enforceable as written contracts, but they are sometimes more difficult to prove because there may be no evidence of an oral contract. Her is a little tip to help enforce your oral agreements. The best way to help enforce an…
Exceptions to the Judgment Requirement Before Garnishment There are special circumstances under which a court could allow a creditor to garnish an account or other asset of a debtor prior to obtaining a judgment, but those circumstances are rare. Courts may allow garnishment before judgment when: there is concern that the debtor has or is…
Bankruptcy laws were set forth in order to allow people a fresh start when bills and debt became too high to possibly pay. One way bankruptcy laws may provide a fresh start is through liquidation of nonexempt assets, payment of creditors with proceeds, and discharge of much or all of the remaining debt. Another way…
Cease and desist letters may be useful in a number of circumstances including Defamation, Slander, or Libel Trademark Infringement Copyright Infringement Patent Infringement Breach of Contract Harassment Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act) Legal Effect of a Cease & Desist Letter From a legal perspective, a cease and…
Cease and desist letters may be useful in a number of circumstances including Defamation, Slander, or Libel Trademark Infringement Copyright Infringement Patent Infringement Breach of Contract Harassment Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act) Legal Effect of a Cease & Desist Letter From a legal perspective, a cease and…
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Watch this video before you send a Cease and Desist Letter: In this video, you get answers to these questions: What is a cease and desist letter? When should I send one? Who can send one? How detailed should I be? What does a cease and desist letter do? What are some common mistakes made…
The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal…
I often get questions from Minnesota small business owners about their rights when dealing with other business owners. This article explains the basic rights of small business owners, but first, some basic information may be helpful. Introduction to Minority Business Owner’s Rights & Fiduciary Duties The rights and duties of small business owners depend on…
Bankruptcy is the process by which individuals and businesses may obtain relief from debts they are unable to pay. Individuals, businesses, towns, and other entities may file for bankruptcy. Not all debtors who wish to file for bankruptcy will qualify. There are several chapters under the United States Bankruptcy Code under which a debtor may…
The Servicemembers’ Civil Relief Act (“SCRA”) is found at 50 U.S.C. app. §§ 501 et seq. The purpose of the SCRA is to strengthen and expedite national defense by giving servicemembers certain protections in civil actions. SCRA Benefits By providing for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect…
It is important for current members of the military to understand their legal rights, even during times when these rights may not be at the forefront of their thoughts. Service in the military may require a person to be absent from the United States. Certain actions should not occur without a person’s opportunity to respond…
A bankruptcy case normally begins by the debtor filing a petition with the bankruptcy court. A petition may be filed by an individual, by a husband and wife together, or by a corporation or other entity. The petition will be filed in accordance with a chapter in the United States Bankruptcy Code. A determination of…
The Petition A bankruptcy case normally begins by the debtor filing a petition with the bankruptcy court, seeking some type of relief from debt. A petition may be filed by an individual, by a husband and wife together, or by a corporation or other entity. The Statements The debtor is also required to file statements…
It took an act of Congress to make e-mail spam illegal. Today, web spam is a problem. What is web spam? Web spam is a comment on your blog or forum that provides little or no value to the dialogue and is put there solely for the purpose of establishing a backlink for SEO purposes….
Second Bankruptcy Filings Sometimes bad luck hits twice. Sometimes it hits more than twice. Bankruptcy is an opportunity to have a fresh start and begin rebuilding credit, but it is not a guarantee that the future will always be sunny. Sometimes people who have previously filed bankruptcy cases find themselves again needing the fresh start…
In order to prove a violation of law, a person must prove certain things. Each law has elements. Each element must be satisfied in order to prove a violation of the law. In order to prove a trademark violation or trademark infringement, a person must prove each element provided by law. Words used in those…
There are several chapters of the United States Bankruptcy Code under which a person may file bankruptcy. Chapter 7 Liquidation Chapter 7 is the liquidation chapter under the United States Bankruptcy Code. A Chapter 7 liquidation is the sale of all of the debtor’s nonexempt assets in order to repay creditors. After liquidation, the bankruptcy…
One of several results from a bankruptcy case is the discharge of some or all debts owed by the debtor to creditors. This is not the only result, however. Repayment plans and reorganization will result from some forms of bankruptcy proceedings. Not All Debt is Dischargeable Additionally, not all debt is dischargeable. Many debts to…
Sample Item 14-1: Patents, Copyrights, and Proprietary Information ITEM 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION You do not receive the right to use any item covered by a patent or copyright, but you can use the proprietary information in the Belmont Operating Manual. The Operating Manual is described in Item 11. Item 11 also describes…
Discharge of debt is an order, or injunction on the collection of a debt, from the bankruptcy court. Not all debts may be discharged. The United States Bankruptcy Code contains lists or categories of debts that are not dischargeable. Typically the debts that are not dischargeable are set for public policy reasons. The types of…
