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    482951's Avatar
    482951 Posts: 2, Reputation: 1
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    #1

    Mar 17, 2010, 02:41 PM
    Credit card judgement laws
    Can a credit card co get a judgement without a serving summons that specifies date
    And time of the hearing , and must it be served by certified mail or in person for the
    State of Minnesota
    482951's Avatar
    482951 Posts: 2, Reputation: 1
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    #2

    Mar 17, 2010, 02:49 PM
    Can a judgement by a credit company be issued without a summons
    Being delivered signatured mail or or in person
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Mar 18, 2010, 08:55 AM
    Quote Originally Posted by 482951 View Post
    can a credit card co get a judgement without a serving summons that specifies date
    and time of the hearing , and must it be served by certified mail or in person for the
    state of minnesota
    Was a default judgment placed against you? Are you looking to have it dismissed on grounds of improper service?

    I'm having trouble locating the exact law for Minnesota. I know in Wisconsin if you are unable to obtain service on the defendant, you can publish the summons in a few newspapers and that is considered proof of service.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 18, 2010, 10:00 AM

    A default judgment can be obtained if the plaintiff claims they attempted legal service. If you believe that did not, then you can file a motion to Vacate the Judgment on the grounds of Improper Service. This will require the plaintiff to show that they obtained proper service.

    Most summons do not have a hearing date on them. Instead, you are required to answer the summons within a set time that you intend to defend against the suit. Only then is a hearing scheduled.

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