How to answer a Minnesota collection lawsuit

Before we start, it's important to understand that Minnesota is a unique state because the lawsuit starts when the defendant is served. The lawsuit papers don't have to be filed with the court at the beginning of the case. So a lawsuit in Minnesota will almost never have a court filing number and the court won't have a record of it. 

If you're served with a lawsuit in Minnesota, you must answer within 21 days. Even if it doesn't have a court file number. Even if the court tells you there's no record of it. If you don't answer the lawsuit, the creditor will win the case automatically without a court hearing. Period.

So the first step to respond to a collection lawsuit is to answer it. An answer is a formal legal document that responds to each of the allegations in the creditor's complaint. A phone call or letter isn't sufficient. Here are the five steps for answering a Minnesota collection lawsuit.

Step # 1: Fill out the case caption

Start your answer by filling out the case caption. This is where the name of the county and judicial district are listed. It's also where the plaintiff and defendant's names appear. You can basically copy the caption for your answer directly from the summons. Just change the title of the document from "summons" to "answer." When you're done, it should look something like this:

Step # 2: Respond to all of the allegations in the complaint

The body of your answer is where you respond to the allegations in the complaint. There's basically three responses to an allegation: (1) admit; (2) deny; and (3) deny based on a lack of information. It's probably best for your answer to have a separate paragraph that responds to each paragraph in the complaint:

Your responses must be truthful, so if you know that the allegation is true, you have to admit for. For example, if the collection lawsuit alleges that you live in Hennepin County and you live in Hennepin County, you have to admit it. On the other hand, if the lawsuit alleges that you live in Hennepin County and you live in Ramsey County, then you must deny that allegation.

Many times, you won't know the answer to an allegation. For example, many debt buyer lawsuits allege that the debt buyer purchased the account from the original creditor. Since you weren't a party to this transaction, you have no way to know if this allegation is true or not. So it's usually best to deny the allegation based on a lack of information. You only have to admit something that you know for a fact is true.

You should also watch out for multiple allegations in a paragraph. It's possible to admit one part of an allegation and to deny another. Read each allegation carefully and be sure to respond to all of its parts and sub-parts.

Step # 3: Add your affirmative defenses

The next step is to add your defenses. These should include any reason why you don't think you owe the money or why the creditor shouldn't win the case. Here's an example:

Step # 4: Sign the answer

Under the court rules, you must sign your answer. When you sign, you're attesting that everything in the answer is truthful and that you're not using the answer for an improper purpose, such as to harass the other side or to commit fraud on the court. You should include your address and phone number in the signature block:

Step # 5: Mail the answer to the plaintiff’s lawyer

Once you've completed the answer, make two copies. You serve one copy of the answer by mailing it to the debt collector's lawyer. It's best fill out a sworn statement, called an affidavit of service, to prove when you served the answer. You can also just mail the answer certified with a return receipt.

Keep  the second copy of your answer for your records. You'll need to file it with the court once the creditor opens a court file.

One last thing: remember that the answer is just the first step in the case

The answer is only the beginning of the case. There will be initial disclosures, a discovery plan, interrogatories, document requests, and requests for admission to deal with. You'll also have to go in front of a judge at some point. Take some time to learn the court rules and be sure to mind any deadlines set by the court..