THE SMART WAY TO COLLECT BUSINESS DEBTS IN MINNESOTA
Our Special Approach to Collections 1. Only attorneys contact debtors, attempt to persuade them to pays debts owed our clients, and continue to interact with debtors after litigation is commenced and judgments are obtained. 2. We explore all legal and equitable means of collecting delinquent accounts entrusted to our law firm. 3. We communicate with debtors and…
John Halpern and a panel of three other attorneys presented a continuing legal education seminar, which was sponsored by the Hennepin County Bar Association’s Debtor-Creditor Committee. The site of the seminar was the Minnesota Law Center in downtown Minneapolis, and CLE credit was earned by attorneys in attendance and attorneys on the webcast. Topics Covered…
On September 30 John Halpern chaired a program featuring 13 faculty members providing insight into litigation against debtors in behalf of business creditors that are unsecured, secured, or victims of fraud. The all-day seminar at the Continuing Legal Education Center in Minneapolis was sponsored by the Minnesota State Bar Association. John spoke on the following…
http://finance-commerce.com/2012/03/legal-matters-debt-collection-basics-for-small-businesses/
http://www.leventhalpllc.com/2012/06/minnesota-litigator-profile-john-halpern-talks-commercial-collections-give-tips-tracking-uncooperative-debtors/
Chapter 551 of Minnesota Statutes allows collection counsel to levy on money, other personal property, and earnings by using a quick alternative to a formal writ of execution through the sheriff’s office or a formal garnishment procedure. Notice of execution levy on a third-party holding money of the debtor is served by certified mail by…
Minnesota Statutes, chapter 588, and rules 45.07 and 69 of the Minnesota Rules of Civil Procedure allow the district court to hold the debtor in contempt of court for failure to obey a subpoena or a court order in supplementary proceedings. Collection counsel will have to draft the following documents: notice of motion and motion,…
Minnesota Statutes, section 550.011, allows a judgment creditor to request of the district court an order requiring the debtor to provide the creditor with information regarding the “nature, account, identity of, and location of all of the debtors’ assets, liabilities, and personal earnings.” The order for disclosure is a valuable, low cost means of gathering…
Rules 69 and 33 of the Minnesota Rules of Civil Procedure also allow collection counsel to draft extensive interrogatories to be answered under oath, as in prejudgment discovery. They may be served upon debtors by mail or by personal service. Failure of a debtor to answer the interrogatories under oath within 30 days of the…
Rule 69 of the Minnesota Rules of Civil Procedure provides that in the post-judgment collection stage, the judgment creditor may examine any person, including the judgment debtor, in the manner provided in the rules for taking depositions or other discovery. There is no requirement that a writ of execution be “returned unsatisfied” by a sheriff,…