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Minnesota Civil Litigation Questions & Answers
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/

1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: i bought a used trailer from facebook and the guy did not tell me problems tell i bought and asked dot proof

and now he says its not his problem any more. it would cost me about as much as i bought the trailer for to fix it and get it safe i have screen shots and dot inspection sheet

Robert Kane
Robert Kane
answered on May 11, 2023

The seller may not have a duty to disclose everything, but misrepresenting the overall condition may be enough for you to recoup some of your money. It will come down to the specific details. What was said and written? Is it something that the seller should have known about? It may be worth having... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Minnesota on
Q: If a dealership falsely registered a car in your name can you sue?

Negligence on the behalf of the employee they processed paperwork without consent after being told I did not want to proceed with the vehicle, there was a ticket issued as well in another state for the car due to being registered under my name

Robert Kane
Robert Kane
answered on Mar 14, 2023

If a dealership falsely registered a car in your name you can sue. I do not know if you will be successful or if it's even worth it. Why would a dealership falsely register a car in your? What have you suffered in damages ($) ?

1 Answer | Asked in Civil Litigation for Minnesota on
Q: If I sign a voluntary no trespass order and I choose to revoke my signature, does revoking make the order null/void??

I left a residence and the property manager basically said to sign a voluntary no trespass order so that they would end up having to get police involved later on if there were issues between my girlfriend and I. Which at the time I decided to sign the paper and then a few months later my girlfriend... View More

Robert Kane
Robert Kane
answered on Mar 12, 2023

A court order requires a judge's signature, not yours. I am not sure what you signed and what, if any, legal significance it has.

1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
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answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... View More

2 Answers | Asked in Criminal Law, Civil Rights and Civil Litigation for Minnesota on
Q: I'm a "victim" however I wish to not be considered that and am sick of the state calling me that. Can I press charges
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 13, 2023

In Minnesota, only the government can initiate a criminal charge; by filing a charging document with the Court. But an individual can make a complaint about a criminal act to the government: its police officers and-or its prosecuting attorneys. In contrast, an individual can file a civil lawsuit... View More

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Minnesota on
Q: What is the best way to sue someone from another state for money owed on goods received? Breach of contract.

I'm looking to sue someone near the Houston, TX area for an unpaid debt on goods received a little over a year ago. We agreed upon an amount, around $24000. I sent him the goods (sports cards) a little over a year ago. To this day he has only paid me around $1700. He is from the Houston area... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2023

A Minnesota or Texas attorney could advise best, but your question remains open for four weeks. You mention that you are seeking an attorney - in addition to your own searches, you could check the "Find a Lawyer" tab above for Collection or Civil Litigation attorneys. Additionally, most... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Small Claims for Minnesota on
Q: My ps4 has been stolen, what would be the charge for this if I did decide to press charges/report it.

I know who did and I have their information they just won’t give it back. Would this situation be taken seriously by the cops or am I just wasting my time reporting it? All I really want is my stuff back I’m not even interested in pressing charges

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

As frustrating is it is to have your property taken without your consent, filing a police report and subjecting the person to criminal prosecution is a somewhat of a drastic measure. You might want to ask yourself if it is worth it to do so, or if there are other measures you can take to have your... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
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answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bought a cabin in 2010 After close I put my mate on the title. I paid it off 2016. She paid $0. Is she entitled to

I bought a cabin in 2010 by obtaining a loan in my name only. After close I put my unmarried mate on the title. I paid the loan off in 2016 with proceeds from my deceased brother's estate. My mate and I split up in 2019. She made 4 payments of principal only and never paid for anything else... View More

James A. Teigland
James A. Teigland
answered on Jul 12, 2021

Hello,

I see you are from California but asked a question in MN's Civil Litigation section. I'm assuming the property you are asking about is located in MN. Generally speaking, 50/50 owners split the sale proceeds of a property 50/50, but the rule is not absolute. Courts should,...
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1 Answer | Asked in Civil Litigation and Criminal Law for Minnesota on
Q: Which case law allows for house arrest to be credited to sentencing

While paying $840 per month for ankle bracelet/and alcohol monitoring system while on a $15000 cash bond pending trial,defendant is seeking jail credit.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2021

An individual is not entitled to credit in such a circumstance. The case law is very clear that the alternative to jail that provides jail credit has to be "the functional equivalent" of being in custody. The typical circumstances wherein someone might get such credit would be in a... View More

3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey
answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: I believe I may have a false advertising case.I have screen shots of the claims and tracking info.

Dumerth.com

Advertises made in and ships from Boston, MA and it comes from Shenzen, China and they couldn't uphold their VIP shipping contract of 3-7days as well.

No damages yet. Was buying under the impression it was American made. Misleading. I wouldn't have purchased if... View More

William Bailey
William Bailey
answered on Feb 16, 2021

What are your damages? As a general rule, without damages lawsuits aren't worth the time and effort they take.

3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 3, 2021

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... View More

William Bailey
William Bailey
answered on Jan 14, 2021

What is your legal question?

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bought five tractors have a copy of a check and a bill of sale , Tractors were gone when went to pickup.

Have messages on my phone

James A. Teigland
James A. Teigland
answered on Dec 7, 2020

You have a couple of options. First, you should consult with an attorney. Many attorneys offer free initial consultations. But if you don't want to do that, consider sending a demand letter for the tractors and/or return of your money. If that does not work, sue in small claims court (if... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I signed a lease that I am just now learning is for 15 months after they advertised for 12. Is the contract void?
William Bailey
William Bailey
answered on Nov 25, 2020

You might be able to re-negotiate the terms. You should reach out to an attorney directly for more specific advice on your situation.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bonded out of jail on 4 different occasions where i end up winning at trial either by dismissal or acquittal. Bond$??

Am i entitled to my money i payed to the bond company?

William Bailey
William Bailey
answered on Nov 16, 2020

No. The bond company keeps the money you paid as their fee for assisting you with pretrial release.

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