You Snooze You Lose

In Minnesota as of July 1, 2014, if you were a party in a civil lawsuit and were served more than one year ago, the matter will be deemed to be dismissed with prejudice. Many creditors have sued out their claims against debtors using a process called a “pocket filing”, which means you may have been personally served but the case not filed. The rule change now requires filing of a lawsuit with the Court and a payment of a filing fee. We are all curious to see what creditors will now do in their collection efforts.

Remember, if you are served or receive something called a “Summons”, pay attention and read it. Just because it does not have a file number on it or anything reflecting that the Court has acted does not mean you can ignore it. Check with an attorney.