Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
Minnesota Civil Litigation Questions & Answers
1 Answer
| Asked
in
Criminal Law, Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation
for
Minnesota
on
Q: Did the insurance company commit insurance fraud against me, given arson dispute isn't on record?
I have been dealing with allegations of arson related to the house where I lived with my ex-husband, who has since passed away. I provided proof of residency during an interview with the insurance company and disputed the arson allegations, but my two claims were denied. I have no charges or... View More 
Robert Kane
answered on Jul 17, 2025
answered on Jul 17, 2025
Was your ex-husband the arsonist and the insured? That would explain the denial.
Q: Ford refuses to cover engine repair under CSP.
I own a 2018 Ford Escape with 51,000 miles, which needs an engine replacement due to a known coolant leak issue, covered by Ford's Customer Satisfaction Program (21N12). Despite my vehicle meeting all the requirements—built between 2017 and 2019 at the Louisville, Kentucky plant—Ford... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2025
You’ve clearly met the written criteria for the CSP repair, so it’s reasonable to expect Ford to honor it. Start by sending a formal demand letter to Ford’s regional warranty office, outlining your vehicle’s build date, plant code, mileage, and the CSP bulletin number. State that you have... View More
Q: Car sold, title not transferred due to buyer's death. Can I reclaim vehicle?
I sold my car on June 12, 2025, with a bill of sale, and informed the buyer I would have the title the next day, as it was stolen and being replaced. The buyer passed away before the title transfer could occur, and she hadn't met me to complete the transfer. She signed using her husband's... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2025
This situation is emotionally and legally complex, but you do still have rights. Since the title was never officially transferred and remains in your name, you are likely still considered the legal owner of the vehicle. The bill of sale shows intent to sell, but without the completed title... View More
Q: How can I enforce unpaid child support payments and ensure resumed payments?
I am seeking advice on pursuing unpaid child support payments from the non-custodial parent. He owes $16,000 in arrears and has a monthly obligation of $878, which he is not fulfilling. The child support agency has been using the same enforcement actions for over two years without significant... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
You have every right to be frustrated, especially when enforcement efforts have stalled and the arrears are growing. If the child support agency is not making progress, you can take the matter back to court on your own. Since the court already denied his request to lower payments, you’re in a... View More
Q: Why won't the county acknowledge the property ownership transfer to me?
My grandfather had a legal document drawn up in the 1980s that transferred his property to my father upon his passing. This was recorded and accepted by the county. Upon my father's death, he willed the property to me, and we filed the necessary legal documents with the county assessor's... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
This situation sounds incredibly frustrating, especially after doing everything you were supposed to. When the county fails to update property records despite recorded legal documents, it often comes down to an error in their system, a missing filing, or confusion caused by parcel changes—such as... View More
1 Answer
| Asked
in
Domestic Violence, Landlord - Tenant, Civil Litigation and Real Estate Law
for
Minnesota
on
Q: Facing a domestic assault charge and DANCO; how to regain home access?
I am facing a domestic assault misdemeanor charge and received a DANCO (Domestic Abuse No Contact Order). I own my home and have lived there for over 20 years, but was kicked out because my alleged victim, who lived with me for only about three months, was allowed to stay due to her belongings... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025
You’re facing a difficult and frustrating situation, especially when it’s your home and you’ve been removed due to the DANCO. Even though there’s no address listed for her in the order, the existence of the DANCO prohibits all contact with the protected party, which includes being in the... View More
Q: Loan recovery options for unpaid $10,000 IOU to family member.
I loaned $10,000 to a family member in early May 2025, documented with an IOU that both of us signed. The repayment date was noted as TBD. She has not made any payments or communicated with us regarding repayment. Despite my husband's attempts to contact her by phone, she has not responded.... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025
It’s hard when personal trust and money mix, and it’s even more difficult when a family member stops communicating after accepting a loan. The good news is that the signed IOU can still serve as a valid contract, even without a witness to her signature, especially if there is written proof she... View More
1 Answer
| Asked
in
Foreclosure, Civil Litigation, Gov & Administrative Law and Real Estate Law
for
Minnesota
on
Q: Can eviction proceed while we're deeply involved in our federal case against wrongful foreclosure?
I am involved in a federal lawsuit against my lender and servicer for wrongful foreclosure and sheriff sale. After many trial modifications, we reached an agreement, and our monthly mortgage statement confirmed a loan reinstatement deadline for May 16, 2024. We were shocked to learn the property... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025
Eviction can proceed in state court unless you obtain an injunction, because lis pendens only clouds title—it does not automatically halt a forcible detainer action.
You should immediately answer the eviction complaint and assert affirmative defenses including pending federal litigation,... View More
1 Answer
| Asked
in
Foreclosure, Civil Litigation, Landlord - Tenant and Real Estate Law
for
Minnesota
on
Q: How do I defend against wrongful foreclosure and eviction following a misled sheriff's sale amidst litigation and dual tracking in MN?
I initially filed a state court complaint against PennyMac due to wrongful foreclosure after my home was sold at a sheriff’s sale on April 25, 2024. This occurred while I was actively negotiating reinstatement, calling on May 13 to make the payment, only to be rejected because the home had... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025
You can move in state court to set aside the sheriff’s sale by showing the lender failed to give you the required foreclosure‐advice notices and improperly proceeded while your reinstatement offer was pending.
Next, assert that the servicer engaged in dual tracking by scheduling the... View More
Q: Could truancy court admission affect my full custody rights?
I have full custody of my daughter, and I am concerned about the implications of a truancy court hearing. The paperwork from the courthouse refers to a CHIPS (Child in Need of Protection or Services) case rather than truancy. I had a previous CHIPS case in family court back in 2019 related to... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025
Yes, a truancy-related CHIPS case can potentially affect your custody rights, especially if the court determines that the child’s ongoing absence from school reflects a lack of proper care, supervision, or educational support. Even though your daughter is the one being asked to admit to truancy,... View More
Q: Can I repossess a vehicle with the owner inside without trouble in MN?
In Minnesota, I am the first secured party on a vehicle for which I provided a loan, and the borrower hasn't made any payments for nine months. I have notified her about the non-payment and my intent to repossess the vehicle. She doesn't have insurance on it. If I go to repossess the... View More
Robert Kane
answered on Jun 26, 2025
answered on Jun 26, 2025
I find it unlikely any attorney will green light your repossession effort on a free online Q and A. I certainly don't want a call from the police or a judge telling me, you told them, I gave you permission.
Q: How can I recover my belongings after the eviction of a friend's apartment in MN?
I have personal property at a friend's apartment in Minneapolis, MN, where the friend (tenant) was evicted by the sheriffs. The property manager won't allow me to retrieve my belongings, saying only the tenant can do so. The tenant, Mindy, is neither reachable nor allowed on the property.... View More
Robert Kane
answered on Jun 16, 2025
answered on Jun 16, 2025
Contact the county sherriff about a civil stand-by to get your belongings from your mother’s property.
Q: Am I obligated to trim trees on property line at farm's request?
In 1999, the current owner of the adjacent agricultural field requested that I plant my trees 10 feet from the property line. At that time, he was farming both my field, which is in the C.R.P. program, and the adjacent field. Now, he's verbally requested that I trim the trees, claiming they... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
You planted those trees entirely on your own property, so you’re under no general legal duty to prune or remove them simply because they cast shade on your neighbor’s crops. Absent a recorded easement or specific ordinance requiring you to trim for light access, the neighbor’s request is just... View More
Q: How to terminate amended permanent guardianship of my daughter?
I need to terminate the guardianship of my daughter, which was amended to permanent without my knowledge while I was hospitalized. Initially, the guardianship was temporary due to my illness, but my sister, who cannot have children, falsified documentation to make it permanent. I have full custody... View More
Robert Kane
answered on Jun 1, 2025
answered on Jun 1, 2025
Quite frankly, you will need to hire an attorney to represent you. There are obviously many more relevant facts that you can't possibly include in a free online Q and A. What are the details of your hospitalization? Your sister clearly didn't obtain a permanent guardianship because you... View More
Q: Who is liable for my slip and fall injury in a Target parking lot?
I am disabled and was severely injured after slipping and falling in the handicap parking lot at a Target store. Target claims they are not responsible for my fall, stating that the third-party maintenance company is responsible. However, the maintenance company also denies responsibility. I need... View More
Robert Kane
answered on May 23, 2025
answered on May 23, 2025
You will need to contact personal injury attorneys directly and describe the situation.
Q: Seeking legal advice for fall on ice at Target; now homebound.
I am 73 years old and recently slipped and fell on ice in the parking lot of a Target store when returning to my car after a return. This has left me homebound with a caregiver for 9 hours a day, significantly impacting my life, abilities, and independence. I have had multiple back surgeries,... View More
Robert Kane
answered on May 24, 2025
answered on May 24, 2025
It seems like a horrible situation. It seems you have the misconception, however, some one else is responsible because it happened on their property. Obviously, every inch of Minnesota is covered by some snow and ice at times. Please research "Minnesota premise liability."
Q: How can I legally challenge and stop the city's retaliatory harassment?
I successfully defended a friend against wrongful termination by the city. Since then, the city has targeted me with petty retaliatory behavior. They've sent admonishing letters over document requests and weed ordinances, which my neighbors didn't receive despite similar conditions.... View More
Robert Kane
answered on May 24, 2025
answered on May 24, 2025
Even based on your version of the facts, it is very unlikely you have any legal recourse. To begin with, the city liquor store is a business and can refuse service to anyone. An attorney may be willing to evaluate your case for a fee.
Q: Am I entitled to equity in the home during separation in MN?
In Minnesota, my wife and I have been married for 5 years, and we're considering a separation. We have a mortgage of $2,400 a month, which is solely in my name although the title is under both names. My wife expects me to move out while continuing to pay my portion of the mortgage and utility... View More
Jason Kohlmeyer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
Yes, unless it's non-marital property, you should get 1/2 the value. There can be problems if your husband was given the house or purchased it before you were married.
Q: How can I defend myself if my ex takes legal action after property retrieval?
I broke up with my ex after staying at his place for 22 days and he now refuses to let me enter to retrieve over $1,000 worth of my property unless he is present. When we broke up, he hurt himself by hitting his head against the walls and threatened suicide. Although he initially said I could... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
You’ve already done several things right to protect yourself, especially by gathering written confirmation from him, documenting your property list, and recording the retrieval with witnesses. If he does try to take legal action, that evidence will help show that you acted respectfully and only... View More
Q: Being sued for $4000 by a credit union who took the money and I'm on social security.
I am being sued by a federal credit union for almost $4,000. I was initially jailed for a situation that was later dismissed. I never received any funds because the people who forced me to open the account took the money at that time. Now, the credit union is demanding repayment, but I am on social... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025
You have important legal protections as a Social Security recipient that may shield you from this lawsuit. Federal law generally exempts Social Security benefits from garnishment by most creditors, which gives you significant leverage in this situation. You should immediately file a written... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
