Legal Question in Credit and Debt Law in Minnesota

I am supposedly being sued for an unsecured debt in MN. I live here now, have never moved, and the debt was secured here. 1) They ( tell me the last payment they received was 12/31/06, which is outside the 6 year SOL in MN. However, they say they have until 12/31/13 because they have an extra year because since I didn't answer their collection attempts after the last payment they received, they didn't know if I have moved or received their correspondence. Sounds odd, is this true? 2) Then on a 2nd call with them, the lady tells me this time that the SOL in MN (6 years) only applies to people that moved out of state, and since I have lived in MN the entire time, that the SOL is 10 years! This sounds odd, and I see nothing about this on the internet. They are threatening to garnish wages and that the full amount including fees/costs will be over $7000, and I should request an out of court settlement of $1500 and see if they'll accept it and save myself the garnishment and larger amount. This sounds fishy. What is your advice? Thank you, Erick.

Asked on 2/25/13, 4:11 pm

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. In order to respond to you and assist you appropriately, I myself would need to confer with you in detail about the situation. There are unstated and unknown variables that may make a difference and it would be inappropriate to provide any specific legal advice to you. Debt collectors are not to harass, lie, mislead or behave abusively to an alleged debtor. Federal law offers consumers many specific and detailed protections regarding third party debt collectors, including providing the means to determine the accuracy and validity of asserted debts. I urge you privately to confer with an attorney of your choosing. So you know, when an attorney represents you the intrusive conduct of the debt collector shall end, because the debt collector may only contact the attorney, not harass you. I recommend that you phone several attorneys in choosing, so that you feel comfortable with the attorney you select to help you at this time. All the best.

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Answered on 2/25/13, 5:17 pm

Sam Calvert Calvert Law Office

Sounds like some collector is trying to talk you out of money by saying whatever they think you will believe. This may well be a bluff, although one cannot tell for certain. I did not find in a quick search, nor in a search at the Minnesota Secretary of State office ( Before they garnish you they have to sue you; to sue you they have to serve papers on you. You should take whatever paperwork you have to an attorney for review.

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Answered on 2/25/13, 8:34 pm

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