I was doing research on how to respond to a summons and complaint, I found on a website that it could be a fake. What should I d

Asked over 1 year ago - Shakopee, MN

Do you suggest that I should have a court clerk look at it?

Attorney answers (3)

  1. Jeremy Judson Cobb

    Contributor Level 14

    2

    Lawyers agree

    Answered . No, assume that it's valid. The summons and complaint do not have to be filed with the court prior to service in Minnesota state court, and often are not, so the clerk probably can't provide any information to you; nor can she opine as to the authenticity of an unfiled pleading. Call the undersigned attorney on the summons and complaint.

  2. Errin Preston Stowell

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You can find out if the case has been filed in State court by searching under your name at the following website: http://pa.courts.state.mn.us/default.aspx (Just choose the Civil, Family & Probate Case Records option). But in Minnesota the case actually begins when the Summons and Complaint are served upon you (i.e., those documents don't have to have been filed with the court yet for the case to begin), so if you are going to submit an Answer to the Complaint then you'll have to do that within 20 days of being served with the Summons and Complaint. There are some defenses that can be deemed waived if you do not include them in your Answer so you might want to discuss the Complaint with an attorney as soon as possible. If you do not submit an Answer then the plaintiff can obtain a Default Judgment against you and then can start the collection process (e.g., garnishment of wages, levies on bank accounts, seizure of assets).

    Very best regards,

    Mr. Errin P. Stowell

    Stowell Law Firm, LLC
    1711 W. County Road B, Suite 112S
    Roseville, MN 55113
    651-890-2831 phone
    stowell.law.firm@gmail.com

    We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

    This posting could be considered an ATTORNEY ADVERTISMENT but does not create an attorney-client relationship.

  3. Tricia Dwyer

    Contributor Level 19

    Answered . Hello. I urge you to phone an attorney for legal help for yourself right now. No, you ought not assume the documents are 'fake'; documents may vary in appearance and wording, etc. No, the court clerk may not provide you with legal advice. I urge you to seek your own counsel immediately. Do not phone the names on the legal papers: Do phone for your own personal and private attorney help. If finances are an issue, some attorneys, myself included, will provide you with a reduced fee so that you have legal help immediately. Act immediately in choosing an attorney to assist you, because you face rigid time deadlines. All the best.

    Tricia Dwyer, Esq., Lawsuits Law, Civil Law, Criminal Law, Family Law, Employment Law, Debtor-Creditor Law, Rule... more

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