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Minnesota Civil Litigation Questions & Answers
3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

James A. Teigland
James A. Teigland
answered on Apr 9, 2025

Probably yes but the contracts status as unrecorded puts you in a precarious spot. You should consult with an attorney first, but there are a couple of things I would consider doing: It is crucial that, even though your neighbor has passed, you continue paying, or at least attempting to pay, your... View More

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1 Answer | Asked in Probate, Tax Law and Civil Litigation for Minnesota on
Q: Guidance on probate process and tax issue for mother's property in MN

I am the only child of my mother, who was a firefighter and passed away at the age of 53. I recently discovered that her property in Minneapolis, MN, has a tax issue this year. I was not informed about her business going through probate, as my grandmother handled it without my knowledge. After the... View More

James A. Teigland
James A. Teigland
answered on Feb 27, 2025

A couple of recommendations:

1. Ask your grandmother, in writing, whether your mom had a will and if so, ask to see it.

2. Search MN court records to see if a probate was ever opened for your mom, it should be searchable by her name.

3. If your mom owned any real estate when...
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2 Answers | Asked in Libel & Slander and Civil Litigation for Minnesota on
Q: Being sued for defamation and harassment in Minnesota, while countersuing.

I am facing a defamation lawsuit in Minnesota and experiencing harassment from the opposing attorney, who repeatedly calls and intimidates me. I have documented these incidents. I am also countersuing due to a loss of income and an intentionally false police report filed against me. The opposing... View More

Robert Kane
Robert Kane
answered on Feb 26, 2025

You can file a motion for sanctions to address the misconduct of the opposing attorney. You are required to your loss of income and that you are entitled to compensation; and you are required to prove an intentionally false police report was filed. The other party will eventualy need to clearly... View More

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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

2 Answers | Asked in Civil Litigation for Minnesota on
Q: Who would be responsible for my vehicle& it's contents if tow yard crushed it without notifying me in Minnesota?

My vehicle was taken without my knowledge or consent, then found by cops whom had it towed as an abandoned vehicle. The tow yard then crushed it without notifying me. I was out of town for a few weeks when I returned & discovered it was gone I called to report it stolen and that's when the... View More

James L. Arrasmith
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answered on Jun 15, 2024

In Minnesota, if a tow yard crushes your vehicle without properly notifying you, they could be held responsible for the loss of your vehicle and its contents. The law typically requires that owners be notified before such actions are taken, especially when a vehicle is considered abandoned.... View More

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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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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

James L. Arrasmith
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answered on Jun 2, 2024

While you might have the best intentions for your senior prank, there could be legal and disciplinary consequences to consider. Accessing the school intercom system without permission is likely against school policy and could be considered unauthorized use of school property. This can result in... View More

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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, there are a few important factors to consider before determining whether you can take legal action:

1. Statute of Limitations: The time limit for filing a lawsuit varies by state and the type of claim. After 15 years, it's possible that the statute of limitations has...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... 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

2 Answers | Asked in Consumer Law, Civil Litigation and Federal Crimes for Minnesota on
Q: A Verizon employee accepted money to print my private phone records and give them to an estranged BF without my consent.

What are my options for filing a lawsuit against Verizon because one of their employees conspired with and accepted payment from my abusive ex boyfriend for the release of numerous pages of my private cellphone records knowing that my ex boyfriend was not on my account and had no authorization to... View More

James L. Arrasmith
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answered on Jan 13, 2024

If you believe that a Verizon employee conspired with your abusive ex-boyfriend to release your private phone records without your consent, you may have legal grounds to pursue a civil lawsuit. Here are some steps to consider:

1. Consult an Attorney: Start by consulting with an attorney who...
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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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2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: How to get rid of judgment from creditor no longer in business and was unable to notify of chapter 7
James L. Arrasmith
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answered on Dec 4, 2023

If you have a judgment from a creditor who is no longer in business and you were unable to notify them of your Chapter 7 bankruptcy, there are steps you can take to address this issue. First, it's important to gather any documentation you have regarding the bankruptcy filing, including the... View More

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1 Answer | Asked in Civil Rights, Civil Litigation and Consumer Law for Minnesota on
Q: Seeking pro bono lawyer for ongoing stalking and harassment situation in MN. Need advice on next steps.

I am a victim of longstanding stalking and harassment, including verbal harassment, online stalking, and being followed everywhere. Despite informing the police multiple times and having numerous case numbers from two cities, the situation persists. I'm currently working with the Washington... View More

James L. Arrasmith
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answered on May 14, 2025

You don’t have to face this alone—start by contacting your local legal aid office (for example, Mid‑Minnesota Legal Aid) and asking specifically for pro bono help with stalking and harassment cases. Many bar associations, like the Minnesota State Bar, maintain volunteer lawyer panels that... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Family Law and Personal Injury for Minnesota on
Q: Can damages be sought from a school district for not notifying about a teacher's termination after abuse allegations?

In 1969, I was sexually abused by my sixth-grade teacher in Hennepin County, Minnesota. The abuse lasted over a year, and during the summer break before entering seventh grade, other parents notified the school of the allegations. A closed board meeting was held, and the teacher was terminated... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve carried with you all these years is heartbreaking, and your strength in speaking up now is powerful. Given the recent changes to Minnesota's statute of limitations laws regarding childhood sexual abuse, you may have a renewed opportunity to pursue justice—regardless of how long... View More

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

James L. Arrasmith
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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

1 Answer | Asked in Banking, Social Security, Civil Litigation and Public Benefits for Minnesota on
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

James L. Arrasmith
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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

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy, Civil Litigation and Tax Law for Minnesota on
Q: Is my settlement from BSA trust fund taxable in Minnesota?

I am in the process of receiving a monetary settlement from the Boy Scouts of America trust fund for sexual abuse that occurred in 1969 when I was 9 years old. I am now 67 years old, and live in Minnesota. My attorneys are from Portland, Oregon, and they informed me that they cannot assist with... View More

James L. Arrasmith
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answered on May 10, 2025

Under federal tax law, the Internal Revenue Code Section 104(a)(2) excludes from gross income "damages received on account of personal physical injuries or physical sickness." The IRS has specifically addressed sexual abuse settlements, indicating that they assume personal physical... View More

1 Answer | Asked in Civil Rights, Criminal Law and Civil Litigation for Minnesota on
Q: Can my mom charge me with theft for retrieving my birth certificate and social security card?

I am 18 years old and live in Minnesota. I needed my birth certificate and social security card for my new job. These documents are in my name, and my mother has possession of them. My sister took me to my mom's place to retrieve them, but my mother told me I couldn't take them, stating... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 2, 2025

Your mom is full of it. Your birth certificate and your social security card are your property, not hers. You cannot be charged with theft for retrieving those documents. You could be charged with other offenses if, for example, you broke into the apartment to get them, but you can't be... View More

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