Minnesota Daycare Negligence: MN Daycare Abuse & Injury Attorney

Minnesota Daycare Negligence: MN Daycare Abuse & Injury Attorney

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…

How Minnesota Insurance Companies Handle a Personal Injury

How Minnesota Insurance Companies Handle a Personal Injury

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…

Personal Injury Settlement Loans: The “It’s My Money” People

Personal Injury Settlement Loans: The “It’s My Money” People

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…

Bankruptcy Courts: Litigation and Appeals

Bankruptcy Courts: Litigation and Appeals

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…

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

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…

Tax and Non-Tax Considerations when Starting a Minnesota Business

Tax and Non-Tax Considerations when Starting a Minnesota Business

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…

What to Do If Debtor Won't Obey Court's Order to Give You Information

What to Do If Debtor Won't Obey Court's Order to Give You Information

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…

Ambiguous Minnesota Contracts: How MN Courts Interpret Vague Contract Language

Ambiguous Minnesota Contracts: How MN Courts Interpret Vague Contract Language

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 Collection: The First Steps Before Garnishing

Debt Collection: The First Steps Before Garnishing

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…

Minnesota Debt Collection: Do I Need a Judgment Before Garnishing?

Minnesota Debt Collection: Do I Need a Judgment Before Garnishing?

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…

Minnesota Cease & Desist Letter

Minnesota Cease & Desist Letter

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…

Minnesota Cease & Desist Letter

Minnesota Cease & Desist Letter

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…

Overview of the Bankruptcy Court Process in Minnesota: Courts, Trustee, and Relief

Overview of the Bankruptcy Court Process in Minnesota: Courts, Trustee, and Relief

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…

Minnesota Business Owner’s Rights & Fiduciary Duty Law

Minnesota Business Owner’s Rights & Fiduciary Duty Law

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…

Minnesota Bankruptcy Process: Filing, Rules, Courts, and Trustees

Minnesota Bankruptcy Process: Filing, Rules, Courts, and Trustees

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…