Received a summons tonight. They have the wrong county for my residence. How should I respond?

[Hunterman]

Minnesota.

I got a letter a few months ago from an attorney concerning a credit card debt. I requested validation and they sent me copies of my application and every statement ever on that card (over 5 years worth of statements). Tonight I received a summons that has one count and nine paragraphs. If I don't respond the plaintiff will get a default judgment. I want to answer the summons and will need to reply to each paragraph. My options for each paragraph are Deny, Admit, Partially True or Insufficient Information.

Paragraph one states, "That defendant is a resident of Minnesota, County of Blue Earth." While I have been a resident of Minnesota my entire life I have never lived in Blue Earth County. I have lived at the same address since 2014 which is in a county that borders Blue Earth County. In fact, I was served tonight at my home, which is not in Blue Earth County. The other eight paragraphs in the summons are factually correct. Should I answer Partially True to paragraph one and Admit to the other paragraphs?

My goal is to stall this out as long as possible until I file for bankruptcy next month. Will the incorrect county be enough for them to have to serve me again with the correct information? Any advice would be appreciated.

 

[LdiJ]

Minnesota.

I got a letter a few months ago from an attorney concerning a credit card debt. I requested validation and they sent me copies of my application and every statement ever on that card (over 5 years worth of statements). Tonight I received a summons that has one count and nine paragraphs. If I don't respond the plaintiff will get a default judgment. I want to answer the summons and will need to reply to each paragraph. My options for each paragraph are Deny, Admit, Partially True or Insufficient Information.

Paragraph one states, "That defendant is a resident of Minnesota, County of Blue Earth." While I have been a resident of Minnesota my entire life I have never lived in Blue Earth County. I have lived at the same address since 2014 which is in a county that borders Blue Earth County. In fact, I was served tonight at my home, which is not in Blue Earth County. The other eight paragraphs in the summons are factually correct. Should I answer Partially True to paragraph one and Admit to the other paragraphs?

My goal is to stall this out as long as possible until I file for bankruptcy next month. Will the incorrect county be enough for them to have to serve me again with the correct information? Any advice would be appreciated.

Responding might stall things long enough for you to file for bankruptcy but it is not going to be a "do over" because they named the wrong county.

 

[adjusterjack]

Should I answer Partially True to paragraph one

The wording I am familiar with is something like "Admit in part, deny in part. I do not live in Blue Earth County, I live in ________County."

Admit to the other paragraphs?

Yes.

Will the incorrect county be enough for them to have to serve me again with the correct information.

No.

The purpose of process service is to notify you that there is a lawsuit against you. That has been accomplished.

The county error is likely irrelevant. You are free to bring it up at trial but all the judge will do is correct it in the file.

Here's a guide to filing your answer to the complaint. Read carefully and follow the instructions.

Instructions - Answer or Answer and Counterclaim

And information about civil actions in general.

Minnesota Judicial Branch - Civil Actions

My goal is to stall this out as long as possible until I file for bankruptcy next month.

I don't think you'll have to be concerned with that. I doubt that much of anything will happen for a couple of months. There may be a period of Discovery before a trial is set and maybe hearings on procedural matters.

If you plan on filing for bankruptcy next month I suggest you start working on your paperwork. Bankruptcy is not something you slap together overnight. In fact, you may have to file your 2024 income taxes before you can file.

 

[quincy]

“Admitting” to everything is not the best way to delay the action filed against you.

 

[LdiJ]

“Admitting” to everything is not the best way to delay the action filed against you.

In a civil case, not admitting to things that are true is a great way to tank your case or any defense that you have. You have to respond to each point in the opposing party's case.

 

[quincy]

In a civil case, not admitting to things that are true is a great way to tank your case or any defense that you have. You have to respond to each point in the opposing party's case.

“Neither admit nor deny” is a perfectly acceptable response.

 

[LdiJ]

“Neither admit nor deny” is a perfectly acceptable response.

It can be, in certain circumstances. However, it should never be used for purely factual items.

 

[quincy]

It can be, in certain circumstances. However, it should never be used for purely factual items.

It depends. A person does not necessarily want to admit to anything that can be used against them.

 

[zddoodah]

Should I answer Partially True to paragraph one and Admit to the other paragraphs?

This question calls for legal advice, which can only be intelligently and legally provided by a Minnesota attorney who has read the complaint.

Will the incorrect county be enough for them to have to serve me again with the correct information?

That depends. In what county was the lawsuit filed? In what county do you live? How much money and effort are you willing to spend on an ultimately pointless procedural motion?

If you're going to file BK sometime in March, very little else matters. What are you waiting for?