Legal Question in Credit and Debt Law in Minnesota

Yes, in Minnesota a lawsuit can be started without it being filed.

Your venue question is a complicated one and I cannot answer it on the facts you set forth. If you wish to challenge venue there are very short timelines to do this so you should consult an attorney as soon as possible.

Nathan Hansen

651-704-9600

Yes. Lawsuits (Summons and Complaint) can be served in Minnesota without filing. The venue (i.e. correct county) question is more complicated. If one party is located in that county, the incident occurred there, or a contract provides for jurisdiction, it can be captioned there. You have twenty (20) days to answer the summons and complaint and I strongly recommend you hire an attorney as soon as possible.

David Hellmuth

(952) 941-4005

[email protected]

www.hjlawfirm.com

8050 West 78th Street

Edina, MN 55439

In some circumstances a lawsuit is initiated absent court filing prior to service of process. Further detail needs to be known about the facts of your personal circumstances to advise you on whether the county named on the legal papers is a proper venue for the case. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Law Attorney, Minnesota Debtor - Creditor Attorney, http://dwyerlawfirm.net

Minnesota Rule of Civil Procedure 3.01 states that, "A civil action is commenced against each defendant: (a) when the summons is served upon that defendant, or (b) at the date of acknowledgement of service if service is made by mail, or (c) when the summons is delivered to the sheriff in the county where the defendant resides for service; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made." So, yes, an action can be commenced without filing it with the Court. However, there is a new rule that requires the action to be filed with the court within 1 year of service. As to your second question, if your case involves a land dispute, then the case must be in the county that the land is located. If not, then your case would be governed by Minn. Stat. 542.10 and 542.11. To change the venue, there is a 20 day deadline after service to send a demand to the Plaintiff's attorney and a 30 day deadline after service to file the necessary documents with the Court to request a venue change.

Morgan W. Kavanaugh

Attorney at Law

Wilkerson & Hegna, P.L.L.P.

7300 Metro Boulevard, Suite 300

Edina, Minnesota 55439-2302

Phone: (952) 897-1707

Facsimile: (952) 897-3534

E-Mail: [email protected]

www.wilkersonhegna.com