Legal Question in Credit and Debt Law in Minnesota
I had just called and spoken to a court administrator who who told me that i can not file a "answer" to my statement of claim and summons. she told me that i was to show up on the court date and prove that, that debt is not mine. i thought it was the plaintiff who had to prove that it is mine and that if in fact it is that the SOL had not passed.
2 Answers from Attorneys
Sounds like a Conciliation Court case. Need to know jurisdiction.
Did you get a Hearing Date? Or Summons & Complaint (requiring Answer within 20 days)?
Big difference. If you don't show, you will be in Default ( they enter Judgment against you).
If you dispute it ( bring proof that SOL has passed) you should prevail.
Was it straight debt ( IOU or Prom. Note?) or Revolving Charge? Big difference.
I believe you have been sued in conciliation court (also known as small claims court); for that type of court you show up on the appointed day and each of you argue your case to the judge. Very informal. Go to: www.mncourts.gov for some more information.
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