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If you are served with a Summons and Complaint in a civil case, you should contact an attorney as soon as possible because you only have a very limited period of time to respond.  More specifically, you have twenty (20) days under the Minnesota Rules of Civil Procedure to file and serve your Answer.  Further, your Answer must comport with the Minnesota Rules of Civil Procedure.  Regardless, if you do not Answer within the time specified, a Default Judgment may be entered against you.

A few definitions are in order.  A Summons tells you that you have to do something, such as file an Answer or appear in Court, within a specified period of time or on a specific date, while a Complaint generally sets forth the opposing party’s claim against you.   An Answeris your response to the allegations made in a Complaint.     A Default Judgment means that you did not appear by filing an Answer in response to a Complaint.  If a Default Judgment is entered against you, the Judgment-Creditor can garnish your wages and bank accounts.

The information in this blog post is intended to apply to civil cases only, and may not be applicable to criminal, family, or other non-civil cases.  However, the point remains the same: if you are served with a summons and complaint, charged with a crime, or receive a family-law petition or motion, you need to contact an attorney as soon as possible.  Generally, whatever your situation, it is much easier and less costly to take action now than later to try to undo damages caused if you simply ignore the problem.

Baland Law Office, P.L.L.C. represents both plaintiffs and defendants in civil actions,  We also represent criminal defendants.  Please call (763) 450-9494 to schedule an appointment to discuss your situation today!

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 323 6911 to set up an appointment to discuss your situation.


 
 
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The short answer is no, probably not, but the explanation of why you do not have to give up your property is fairly complex.  When you file for bankruptcy, all of your property goes to the bankruptcy trustee, who will sell your property and use it to pay your debts.  There are three ways to keep property out of the trustee’s hands.  First, the trustee does not get your property if the property is exempt.  As a bankruptcy attorney, I look for as many exemptions as possible.  Second, if you want to keep secured property such as a car or house, you can promise to keep on making your regular payments, or reaffirm the debt.  Third, if you want to keep property that goes to the trustee, you can buy it back from the trustee.  You will have to give up property that does not fall into one or more of these categories.  For more information, please call me at (763) 450-9494 to discuss your case.  Thanks!

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.