Legal Question in Civil Litigation in Minnesota

I received a summons which I answered within time via certified mail. The plaintiff was my attorney from MN and he had filed a punittive motion after the filing deadline but would not remove the amount. I paid everything but that. 2 years later I moved to CA within 8 months I received a summons as noted above for that amount.

11-3-2010 I receive a credit report alert and I now have a judgment against me. He finally filed the case 9-2009 3 years after I responded. I had since moved so maybe that is why I never received anything. However, had he filed the original summons within "reasonable" time I would have been at the same address.

What are my options? I still live in CA and I never go to MN but I will if I need to vacate this for possibly 1) lack of filing original summons within reasonable time 2) lack I personal service as I did not waive that right on the first summons, I do have a meritorious case.


Asked on 11/18/10, 3:24 pm

1 Answer from Attorneys

Let me see if I get this right. You were served with the Summons and Complaint in 2006. You responded. The Complaint demanded the principle. The attorney then filed a motion for punitive damages. You paid the principle, but not the punitive damages. The attorney filed the case in 2009, and apparently got a default judgment.

Obviously, I would need much more information to render a legal opinion, but I'll take a crack at it generally. First, if you answered the original Summons and Complaint you probably did waive personal service. I doubt he would have to serve you again. Second, if the attorney filed a motion he would have had to file the case first and a hearing would have been scheduled. It seems you had notice of this too. I am not sure how he would be entitled to punitive damages.

Never the less, you may be able to vacate the default judgment if you did not receive proper notice of the default judgment or other proceedings. It would require reviewing the court documents. Feel free to give me a call to discuss this if you are serious about pursuing this matter.

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Answered on 11/25/10, 7:29 am


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