Legal Question in Credit and Debt Law in Minnesota

We are trying to purchase a house, and in the title search a judgment from 2007 was discovered that is not on my credit report. I was sued by a debt buyer/lawyer, I was not served any papers, we found out that we had been sued when we got a letter in the mail that informing us we had been sued. I got a copy of the Affidavit of Personal Service from the court house, it states that we were personally handed a summons. There is no way they could have served us the way they say they did, we were not in town. How hard is it to get a judgment vacated? How long should it take to do this to satisfaction? I live in Minnesota, We have a 5 week window to the closing. We are considering hiring someone to negotiate the judgment to a more manageable amount, less than the interest + fees + original amount. If we had more time I would go for the motion to vacate, for sure.

Thank you,

Paul


Asked on 3/25/11, 4:40 pm

1 Answer from Attorneys
Sam Calvert Calvert Law Office

You will probably have to escrow funds with the title company while you are doing the court stuff, as it is not likely to be able to be done in 5 weeks. You would need to bring a motion to vacate the judgment, or a declaratory judgment action to establish that the judgment does not attach to your homestead or file a bankruptcy and discharge the debt (which, hopefully, is overkill in your situation).

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Answered on 3/26/11, 6:45 am


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