statue of limitation

[zinnie101]

A coworker borrowed $$ from me in the promise of returning in two weeks. That was 6 month ago. Now I am thinking about taking her to small claims court but she tells me excuses for the past two weeks so I am waiting. What is the statue of limitations on taking someone to court over $$ in the state of MN?
Also, form requires me to fill out her full name including middle name and a current address which I don't know. Is there a way for me to find out if her middle name and address is not listed?

 

[cclovins]

In most states it's 4 years

 

[I AM ALWAYS LIABLE]

A coworker borrowed $$ from me in the promise of returning in two weeks. That was 6 month ago. Now I am thinking about taking her to small claims court but she tells me excuses for the past two weeks so I am waiting. What is the statue of limitations on taking someone to court over $$ in the state of MN?
Also, form requires me to fill out her full name including middle name and a current address which I don't know. Is there a way for me to find out if her middle name and address is not listed?

My response:

The MN S.O.L. for verbal agreements (as well as written agreements) is 6 years.

Ask her to see her driver's license - - or, copy her vehicle license plate number and have it run through the DMV for the name of the owner. Hopefully, the owner will be her.

IAAL

 

[zinnie101]

"personal service"

I don't think she'd be stupid enough to provide me her personal information such as current address. I called court and they said that I can use a "personal service" for someone to hand deliver paper work to her at work. What do they mean by "personal service" and how does this process work?

Besides fees cost for filing, what other $ can I sue her for? Apparently I was told I can't sue her for lost wages just because I have to take off a day to go to court.

 

[I AM ALWAYS LIABLE]

Re: "personal service"

I don't think she'd be stupid enough to provide me her personal information such as current address. I called court and they said that I can use a "personal service" for someone to hand deliver paper work to her at work. What do they mean by "personal service" and how does this process work?

Besides fees cost for filing, what other $ can I sue her for? Apparently I was told I can't sue her for lost wages just because I have to take off a day to go to court.

My response:

It's up to you to discover her residence address. I gave you two methods - - and there are even more - - but, not even a lousy "thank you" for that, or the other information I provided to you.

Personal service companies are staffed by people who take your court documents and "personally" hand your documents to the defendant. Sure, you can have her served at work. But, what happens when she quits? How will you locate her? The Personal Service company can also run a "locate" for an extra fee to find her current address.

Now you're asking, "Why can't I just hand the papers to her myself? Why must I pay to have someone else do what I can do?"

Since you are a litigant, the laws in most jurisdictions want to make sure that the defendant was properly served by someone who doesn't have an interest in the case, and who doesn't have a motive for lying. It would, therefore, be a conflict of interest if you were allowed to serve her yourself.

You don't necessarily need a Personal Service company. All you need to effectuate service of process is to have anyone, over the age of 18, serve her with the papers, and to fill out and sign a "Proof of Service" form. Then, you take that form and file it with the court.

Good luck to you.

IAAL

 

[zinnie101]

Thank you for all your help

Thanks for all your input and help. I do appreciate it.
Best wishes to you.

 

[zinnie101]

A mess it has became...

So I asked a friend of a friend to serve the papers. This person made serveral attempts at the person's home address, then finally to the work address. The work place had security people to ensure the tight building access. According to 2 security people, the friend said that he was claiming to be a "cop" trying to get in. According to the friend: he said that he was unable to get in or can not seem to get a them to call that person down so he said "we can resort to calling the cops or the county sheriff to serve the papers." He also states one security guard said "we are the cops of this building."

Now if they wish to pursue the issue, you have two people against one which will ruin the friend's career because he will not pass any background check for any law enforcement careers.

Is that even legal that they can pursue this based on more people's word against one lonely person? Is their any way to counter act this? or is he doomed to face the fact that his school career is down the drain because of trying to help out a person?

 

[Ladynred]

Your friend of a friend never should have said he was a cop. Impersonating an officer is illegal. What this 'friend' should have done was just identify his mission as someone attempting to serve legal documents and he might have gotten further. Dumb move.. even with rent-a-cops that pull building security duty.

I don't know about anyone else, but I'm confused. How is this person's school career in jeopardy.. your post is unclear as to who said what to whom. Anyway, when you get into a case of one person's word against another's it gets sticky. When one lies and another swears to it, it gets really messy and would take some serious investigating to figure out who's lying, etc.

 

[zinnie101]

clarification

That's just the thing though. Here is the initial conversation between my friend (Mike) and building security people according to Mike:

Mike said: "I am here to serve these court papers, would you call so and so to come down here and get it."
Security person: "No."
Mike "would one of you escort me to the floor then?"
Security person: "No."
Mike "If I can not serve these papers then I will have to resort in calling the cops or the country sheriff to serve this document."
Security person: "we are the cops of the building."
Mike: "are you claiming to be a cop? do you know that is against the law? even if I have a degree in law enforcement I can not say that I am a cop."
Security boss to the security person: "shut up."
Mike calls me to sign him in so I did.
Later:
Security person talks with me saying that they have two people claiming that Mike tried to claim he was a cop and wants to prosecute Mike for security violations. Due to the fact that Mike is studying to be in law enforcement and any form of complaint will jeopardize his chances.
Assuming that Mike's story is 100% accurate even if they prosecute him Mike wouldn't have a chance against two people against one. What I want to know is, is their any way for Mike to avoid having this complaint go on his record?

Thanks in advance for any advise.

 

[Ladynred]

Are the two people making the threats of complaints the rent-a-cops, or don't you know ?

Whether or not it goes on his record probably depends on whether or not he can dispute it and win. Two against one is pretty tough, as you said. Perhaps a free consult with a lawyer would give him a better idea ? He could threaten to file a counter-complaint, that stops a lot of these things in their tracks.

 

[MSWCCC]

Zinnie, just call Judge Judy or The People'c Court. They'll pay you to appear on TV, plus they will do the legwork. My dad's friend sued his own daughter a few years ago and only knew her work address. The TV court tracked the rest down. And no, you cannot get lost wages or any other money for what you spend getting your money. You should, but you can't.