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STOP Collector Blog From the law firm of Lemberg & Associates

Debt Collection Default Judgment Legislation Introduced in Minnesota

On January 14, legislation was introduced in Minnesota that would mandate that debt buyers who seek to obtain summary judgments against consumers in court provide the court with documentation about the debt. Introduced as H.F. 80 in the House of Representatives and S.F. 33 in the Senate, the bill would require debt buyers to provide the court with evidence of a contract between the consumer and the creditor; evidence establishing that the consumer owes the debt; evidence that the debt amount listed is accurate, and enumeration of fees, interest, and interest rates; evidence that the debt was included in a bill of sale from the previous owner to the debt buyer; proof that the consumer was properly notified of the lawsuit and didn’t respond; and proof that the consumer was properly notified of the default motion hearing.

The House version of the bill was referred to the House Judiciary, Finance and Policy Committee; the Senate version of the bill was referred to the Senate Judiciary Committee. If passed and signed into law, the legislation would take effect on August 1, 2013. You can obtain a copy of the actual bill here.

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Author
Sergei Lemberg

Sergei Lemberg is the principal at Lemberg & Associates, a consumer law firm that defends consumer rights in the areas of fair debt collection law, fair credit law, and lemon law, among others. He is regularly labeled by the debt collection industry as one of the “most active consumer attorneys” in the U.S.

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