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Minnesota Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Minnesota on
Q: I need clarification on what this statute is insinuating 491A.01, subd. 3a(b). Does this pertain to credit cards?

I'm currently looking into a small claims suit and it sounds like in the state of MN, you cannot sue someone for more than $4,000 when it comes to credit cards, so I'm looking for clarification to make sure I'm understanding correctly.

Robert Kane
Robert Kane
answered on Oct 21, 2024

I believe it has do with conciliation court jurisdiction. You have to admit that it doesn't seem quite right if credit card companies couldn't sue for balances over $4,000.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: If I am the respondent in a harassment restraining order and my name is spelt incorrectly

Allready went to a hearing to amend parts of the order and informed the judge of the spelling error but it wasn't still incorrect on the new copy. Does this make the order invalid? Seeing as that's not my name

Robert Kane
Robert Kane
answered on Sep 20, 2024

It is most likely valid. You know it is you; the other person knows it's you; and I am sure the police will know it's you when they show up.

1 Answer | Asked in Collections and Civil Litigation for Minnesota on
Q: I have a 9 yr old civil judgment for 1,500$ and debt co agreed to withdraw it and then they sold it should I reach new

Out to the collection co that has it now? I am 77 and didn’t know that they didn’t remove it and went to file papers to remove it myself and that’s when I found out they had sold it

James L. Arrasmith
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answered on Jul 21, 2024

You should reach out to the new collection company to understand the status of your debt and discuss your options. Since the original debt collector agreed to withdraw the judgment but then sold it, you need to clarify the situation with the current holder of the debt. Explain that the original... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for Minnesota on
Q: Do I have any rights in regards to dealing with Best Western?

I was checking into a Best Western hotel. They first refused my Synchrony card required for incidentals because it has a 2049 expiration date. The manager later told me it is "not possible" to have a 2049 expiration date. I then gave them the only other card I had in my wallet. The name... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have rights when dealing with businesses like Best Western, especially if you feel you were treated unfairly. If the hotel staff refused to accept your valid payment methods and did not provide reasonable alternatives, you may have grounds for a complaint. It's important to document all... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: How do i use audio recordings obtained in my home for a private nuisance trial? do i require audio forensics?

I have noise recordings for a nuisance claim against a neighbor blaring bass heavy dance music through my walls. Recording was obtained in my home, video taken of the audio recording to act as a timestamp and confirm location of recording. If i were to go to trial, can i use these recording as... View More

Robert Kane
Robert Kane
answered on Jun 26, 2024

You or the person who took the video/audio recordings should be able to lay the foundation.

3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Minnesota on
Q: How can I get a free tlawyer to represent me in this it’s for 9viokations of my sixth amendment rights I am pro se

It’s for me calling my expert witness in phoenix Arizona where attorney client privilege attaches to the phone call but the jail violated my rights when they recorded 9 phone calls it’s government intrusion

James L. Arrasmith
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answered on Feb 24, 2024

Securing a free lawyer to represent you in a case involving violations of your Sixth Amendment rights can be challenging, but it's not impossible. You may be eligible for legal assistance through pro bono programs offered by local bar associations, legal aid organizations, or public defender... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Elder Law for Minnesota on
Q: Are there lawyers who do pro Bono 42 usc 1983 for non incarcerated vulnerable adults ?
James L. Arrasmith
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answered on Dec 30, 2023

Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.

To find such...
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1 Answer | Asked in Civil Litigation for Minnesota on
Q: What can I do with someone else's belongings if they won't come get them from my property?

An ex-friend left some of her belongings at my place, one of them being a very expensive motorcycle and she won't come and get them what are my legal options to do with her stuff?

James L. Arrasmith
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answered on Dec 7, 2023

In situations where someone has left their belongings on your property, the first step is usually to provide them with a formal notice to retrieve their items. This notice should be in writing, clearly stating a reasonable deadline for removal of the belongings.

If they fail to collect...
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1 Answer | Asked in Family Law and Civil Litigation for Minnesota on
Q: Contested hro in Minnesota hearing is in 3 weeks I have a question about my belongings that are in the apartment

I know that he got rid of all of my belongings everything in that apartment was mine do I ask the judge at the contested hearing about the the money that I have lost or is that a completely different case and how about the money that I lost as far as not being in my own home cuz he was lying this... View More

Robert Kane
Robert Kane
answered on Nov 19, 2023

The judge may allow you to retrieve your possessions. The will not award you money. You don't, however, have much to lose by bringing the subject up. Who is the petitioner? I am guessing, you.

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Minnesota on
Q: if a website posted something for the wrong price and I buy it before they fix it they have to sell it to me right ?
T. Augustus Claus
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answered on Nov 9, 2023

In general, yes, if a website posts something for the wrong price and you buy it before they fix it, they have to sell it to you at that price. This is because the posting of the price constitutes an offer to sell the item at that price, and your purchase of the item is an acceptance of that offer.... View More

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1 Answer | Asked in Civil Litigation for Minnesota on
Q: How do I deal with a small claims lawsuit filed in my old state?

I just dicovered my wife will be receiving certified mail informing us of a small claims lawsuit filed in our old local court in Ohio but we are living in Minnesota now. How should I deal with this since we obviously cannot appear in court?

Robert Kane
Robert Kane
answered on Nov 6, 2023

You should repost in Ohio. Minnesota courts would not have jurisdiction in any aspect of this matter.

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Consumer Law for Minnesota on
Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.

I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were "missing" and absolute evidence of the wrong... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I held an RV for buyer has said he would come several times and has not we made a deal and now he won’t answer can I sue

We have talked about it for 7 months he always said July he would come and get it he told me 5 times what time and day and never showed up now I held this for over 7 months for him can I sue him for not holding up to our agreement

Robert Kane
Robert Kane
answered on Sep 3, 2023

You can sue, but it may not be worth it. What are your damages (?) The lack of anything in writing is a problem.

Eagan Business Lawyer.

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Civil Litigation for Minnesota on
Q: Are there any lawyers that have experience and are capable of fighting government entities?

They have violated my rights and broken several statutes. I know someone who practices criminal law, and they said I need to contact a lawyer because I most likely have a valid case, since the law is being broken by the local authorities.

Please help, I have talked to a couple lawyer... View More

Robert Kane
Robert Kane
answered on Aug 23, 2023

Yes, there are lawyers that have experience and are capable of fighting government entities. It's unfortunate (and odd) the someone you know who practices criminal law can help you find someone.

https://www.justia.com/lawyers

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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

2 Answers | Asked in Consumer Law, Personal Injury and Civil Litigation for Minnesota on
Q: I have a pending settlement with the boyscouts of America. But I need money now. And my attorney doesn't allow

Pre-settlement loans. Is there anything I can do? Or do you know any company they doesn't require a attorney signature. Because I have the paperwork necessary to prove that I am apart of the settlement.

T. Augustus Claus
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answered on Jul 17, 2023

If your attorney does not permit pre-settlement loans and you need immediate funds for your pending settlement with the Boy Scouts of America, there are still options to explore. Begin by discussing your financial urgency with your attorney and exploring alternative solutions together.... View More

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1 Answer | Asked in Civil Litigation for Minnesota on
Q: Do you know a case law that states that an interested party in a litigation matter is subject to being deposed?
Robert Kane
Robert Kane
answered on Jun 27, 2023

After service of the summons, any party may take the testimony of ANY PERSON, including a party, by deposition upon oral examination. https://www.revisor.mn.gov/court_rules/cp/id/30/

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