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Minnesota Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation for Minnesota on

Q: Hi we received a letter from a law office about a old medical bill we were told would be taken care of long time ago.

They say they are taking us to court. We are on social security.... what can we do

Tim Akpinar answered on Mar 7, 2019

As a starting point, you could contact the law office to learn something about the bill in terms of the amount due and what services it was for. If they are willing to discuss the matter and your explanation that you were told it would be taken care of and taking into consideration your position,... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on

Q: My name was put on a lawsuit, but

I have nothing to do with it - is there something I can file with the court to get out of it?

Tim Akpinar answered on Nov 23, 2018

I do not practice in Minnesota but your question remains open for four weeks. From what you describe, it sounds as if you might not be a party to the suit. It’s difficult to say exactly what context your name is involved in the lawsuit without seeing the summons and complaint. You could show the... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on

Q: What are affirmative defenses?

Joseph A. Gangi answered on Oct 29, 2018

Generally speaking, an affirmative defense is saying "even if everything you say is true, I am still not responsible because of X." A good example is the statute of limitations: "Even if I breached the contract as you say I did, that was 10 years ago so it is too late."

1 Answer | Asked in Civil Litigation for Minnesota on

Q: I filed a restraining order with the false information the respondent gave under perjury? How to rectify this?

This person goes by the name "Masked Babe" on Twitter, YouTube, Discord, and Twitch. I provided their twitter account and the name "masked babe" on the restraining order.

James A. Teigland answered on Oct 21, 2018

I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Minnesota on

Q: I was recently terminated from a court ordered group class for a breach in their confidentiality agreement.

Like I said above, however we are acquaintances outside of the program and we live in a small town so word gets around quickly. I shared some info with a third party person about somebody in group told me, however the information was shared with me over a private conversation while we were sharing... Read more »

Thomas C Gallagher answered on Jul 3, 2018

In the context of successful completion of programming as a condition of probation (conditionally stayed jail or prison time), it not likely a judge will want to get into the details of why a probationer was kicked out of a program. I am skeptical that would be a fruitful approach. Rather, it may... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on

Q: How do I get a new trial for a case that was decided against me? I have evidence that the opposing party lied in court.

I have audio recordings and new evidence that proves the opposing parties witnesses committed perjury. The Judge has a bias against me and has since refused to listen to me. Do I approach the MN Bar Association or how would I proceed to get the false charges against me dropped or reexamined in a... Read more »

Jonathan Matthew Holson answered on Mar 6, 2018

The process for a new trial involves appealing the conviction. The alternative is too seek post-conviction relief if the time frame for appeal has expired. However this would be dependent on "newly discovered" evidence. You should consult with an attorney about what your avenues to address this... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Minnesota on

Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?

Joseph A. Gangi answered on Jul 24, 2017

Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.

2 Answers | Asked in Civil Litigation for Minnesota on

Q: What are the laws regarding the sheriff serving judgement papers in Minnesota

They served the papers to my brother who is a minor never spoke with me and no parents were at the house

Lucas Wynne answered on Sep 6, 2016

If your brother has been served in a lawsuit, the time to respond is ticking and will expire quickly. If no response is given (and the response must be a proper response, which requires an attorney 99.9999% of the time), your brother risks losing the lawsuit by way of default and the other party... Read more »

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1 Answer | Asked in Civil Litigation and Personal Injury for Minnesota on

Q: Does the discovery rule apply to other cases outside of malpractice?

I had a brain tumor removed about a year and a half ago and I'm just now getting back on my feet. I have missed the statute date on a case I want to file and I'm wondering how I go about filing it late - due to a serious medical issue.

Mr. Michael O. Stevens answered on Feb 29, 2016

The discovery rule (which varies by state) can apply to almost any tort. However, nothing in our question would implicate the discovery rule would apply.

1 Answer | Asked in Civil Litigation for Minnesota on

Q: Is E-filing allowed in all of Minnesota?

Robert Douglas Kane Jr answered on Dec 17, 2010

I believe that Hennepin County has established a pilot program and Ramsey County is soon to follow. At this point, I beleive only certain law firms are involved in the program(s). You may want to check with your specific count to see what its timeline is, and whether you can file by fax.

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