Minnesota Auto Insurance Law Minnesota requires all drivers to maintain a minimum level of liability insurance in order to operate a vehicle. Most people do have at least the minimum coverage of $30,000 and many have even more coverage. What is the benefit of requiring insurance? Car accidents are an inevitable part of driving. No…
Choosing a daycare professional can be a difficult decision. It is hard for many parents to trust a stranger to care for their children. If a parent later discovers that the daycare has abused, mistreated, or neglected their child, it can be very traumatic. Parents may feel guilt about entrusting their child to the daycare…
Many times people struggle with what to do if they are injured by the negligence of a friend or family member. It can strain a relationship to sue someone, to say the least. What most people recognize, however, is that your friend or family member’s insurance company will likely handle the case. People purchase insurance…
Litigation can be an intimidating prospect. The court system can be confusing for people who are unfamiliar with it. There are several procedural rules and time limits that you must follow. Litigation can also be expensive. There are a number of different kinds of fee agreements, depending on your situation. Do not let the fear…
Perhaps you have seen the commercials on TV with the people yelling, “It’s my money, and I want it NOW.” The ads are targeted towards people who are involved in personal injury lawsuits who are expecting settlements. They also apply to people who have what are called structured settlements – basically meaning that your settlement…
I am often contacted by small business owners who want to know the process for selling a business, the legal issues, and tips to ensure the process goes well. Like any significant transaction, there are a lot of details that go into the sale of the business. Often the seller hasn’t actually thought through all…
Just because you are legally owed money, doesn’t mean it is easy to get that money. You have probably heard the saying, “you can’t squeeze blood from a turnip.” If the debtor has no money and no assets it will be difficult to get your money. On the other hand, what if your debtor is…
Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Types of Bankruptcy Cases Each bankruptcy court hears a variety of bankruptcy cases. Debtors applying to the bankruptcy courts for financial relief may seek…
If you have a judgment you are trying to collect, and the debtor has funds at a bank or other financial institution, you may garnish the debtor’s account. Obtaining the judgment and finding out where the debtor has assets is probably the most difficult and expensive part of debt collection. In order to garnish a…
Once you have a judgment against a debtor, and know the debtor’s assets, you still have to collect on your judgment. One way to do that is to garnish funds the debtor has at a bank or other financial institution. The Garnishment Procedure: Step 1 – The Summons If the debtor has funds at a…
If someone owes you a debt but refuses to pay, there are things you can do to collect that debt. If you know that the debtor has a steady income, you can garnish the debtor’s wages. If you don’t know if the debtor is employed, you can follow legal procedures for debt collection and obtain…
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…
Money by Andrew Magill 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…
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…
Debt by Images Money 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…
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…
The best way to collect on a debt owed is first to obtain a judgment against the debtor. 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…
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…