[removed]. You will need advice based upon specific facts not contained in your question, such as the date of the actual sale (if one is claimed by the eviction papers) and the progress of your bankruptcy.
As others also answered, I believe the sale date would need to have been reset. It is possible but unlikely that the foreclosing lender would have used Minn. Stat. 580.07 to simply postpone the date of the sale, as the publication of the postponement itself may violate the stay. If there...
Yes, I'm almost positive they will settle for less. The trouble is figuring out a sustainable plan that works with your budget and assets. Beneficial is highly motivated to have the money in hand now, and also wants to avoid a potential bankruptcy. Feel free to give me a call for a free consultation to discuss settlement strategies (for a lump sum or payment plan), as well as your rights as a debtor from the sometimes abusive debt collection practices of Gurstel Chargo.
In large part, whether a new lawsuit is necessary depends on what exactly the Court ordered in the prior case and who was made a party to the prior case. You need to bring your case to an attorney who can review the court's order to decide what further action is needed by you to collect your money.
The vast majority of sheriff's sales in Minnesota today are the result of a foreclosure by advertisement with a standard "6 month redemption period". You should be able to find out what your redemption period is by requesting a copy of the "sheriff's certificate of sale" from the foreclosing lender, or the county recorder/registrar of titles. This means that most people have 6 months from the date of the sheriff sale to live at the property and try to match the price paid at the sale (plus...
Lu Ann is right to recommend immediately mailing an answer back to the attorney that signed the summons denying the debt, although there are many possible defenses to debts and you risk waiving a defense by not including it in your answer. You may also waive your ability to counter-sue for misrepresentations related to the Fair Debt Collection Practices Act (FDCPA). Without seeing the papers myself, it is difficult to know whether it is a threat or a real lawsuit, but if a courier or sheriff...
I agree with Cass Weil that a Fair Debt Collection Practices Act (FDCPA) violation may have occurred if the debt is no longer valid and misleading representations have been made by the collection firm. If so, you may be able to seek $1000.00 in damages, in addition to actual damages and your attorney fees. This is a good example of a case that should be taken to an attorney for a free consultation. An attorney should be able to review the written correspondence you have had with the debt...
Call me if you are interested in talking through your options. Bankruptcy may or may not be the solution.
Jonathan L. R. Drewes
DREWES LAW, PLLC
1516 West Lake Street, Ste 400
Minneapolis, MN 55408
T (612) 387-0832
F (612) 354-7163
Contact an attorney immediately for personalized advice. If the sheriff is involved, it is likely that a judgment has already been entered against either you, your husband or the business (or all three). Pre-judgment attachment is relatively rare and requires a court hearing. If the debt was owed by the entity and no fraud was involved, your personal property should be protected.
The first step to understanding this, after calling an attorney, is to get a copy of the court papers, which...
You won't be able to start a civil lawsuit against the employer unless/until the bankruptcy court relieves you from the automatic stay; what happens next in the bankruptcy proceedings is very important to you. You should meet with an attorney to discuss whether it may be possible to recover from within the bankruptcy, or whether you have a valid objection to your previous employer getting the discharge they are seeking. Seek help immediately as deadlines are likely approaching quickly.
There are many benefits and consequences to filing for bankruptcy protection that must be weighed before making that decision--you should contact a bankruptcy attorney for a free consultation. There are possible alternatives to bankruptcy, such as refinancing your home or entering into a loan modification agreement / forbearance agreement with your current lender. Without knowing more about your situation, I cannot suggest whether bankruptcy is the right option for you, but if your non-...