A debt summons lands on your kitchen counter. Your heart sinks. You feel the panic rising, but stop. You have a chance to fight this. You do not have to lose by default. This guide simplifies the steps you must take right now to protect your wages and your property.
Minnesota debt collection lawsuits have a unique structure. If you ignore the documents, you hand the collector an automatic win—a default judgment. The first step to fighting back is simple: you must file an Answer document by the deadline. We designed our self-help tools to make this document preparation easy and fast.
Create your court-ready Answer and fight back in 15 minutes.
Your Deadline: A Hard 21 Days
In Minnesota, the Rules of Civil Procedure are clear: you have only 21 days to serve a written Answer after you receive the Summons. This is the hardest deadline in your case.
If you miss this deadline, the court can enter a default judgment against you. A judgment is the final word, giving the debt collector the legal power to garnish your wages or put liens on your property. Do not wait for this to happen. The 21-day clock starts ticking the day you are served.
A Warning on Garnishment
A debt collector can send you a Garnishment Summons after they win a judgment. This process allows them to seize funds from your paycheck or bank account. If you receive one, you must respond quickly, detailing which of your funds should be exempt from seizure.
The Minnesota “Pocket Filing” Quirk
Minnesota uses a unique system called “pocket service” or “hip-pocket filing.” This is why your Summons may look confusing. You might think it is fake, but it is real.
In most states, a lawsuit starts when the creditor files paperwork with the court. In Minnesota, the lawsuit starts the moment the debt collector serves the Summons on you. They can wait up to one year to file it formally in court.
What this means for you:
- You might not see a Case Number on the Summons.
- The court clerk may tell you no case exists yet.
Do not be fooled. This quirk does not let you off the hook. You must still prepare and serve your Answer to the collector’s attorney within 21 days to stop a default judgment.
The Four Simple Steps to Filing Your Answer
Do not panic. You have a right to contest the claims against you. By filing an Answer, you force the collector to prove their case, and you share your side of the story. Follow these four steps to handle your document preparation:
1. Create Your Answer Document
You need a formal, court-compliant document. The Answer contains your responses to the Complaint’s allegations and lists your legal defenses. Using a self-help tool streamlines this process and helps ensure procedural compliance.
2. Respond to Every Allegation
The Complaint lists numbered paragraphs of claims. Your Answer must respond to each one individually. Keep your responses simple:
- Admit: You confirm this statement is true. (Use this rarely.)
- Deny: You state this is false. You deny most claims, forcing the collector to provide proof.
- Deny for Lack of Knowledge: You state you do not know if the claim is true.
Deny as many claims as you can. This forces the debt collector to provide evidence they might not have. If they fail to prove the facts, you win.
3. Assert Your Affirmative Defenses
An affirmative defense is a legal reason the collector should lose the case, even if the debt is technically yours. You must include these in your Answer, or you forfeit the right to use them later.
- The Statute of Limitations Expired: In Minnesota, the deadline for a collector to sue you on most debt types is typically six years. If your debt is older than this, assert this defense. It can get the case dismissed.
- Lack of Legal Standing: The collector must prove they legally own the debt. If the debt was sold multiple times, they often lack the necessary paperwork (chain of assignment) to prove they have the right to sue you.
4. File and Serve the Documents
Once you finish your Answer, you must do two things before the 21-day deadline:
- Serve the Plaintiff: Send a copy of your Answer to the attorney representing the debt collector.
- File with the Court: When you file, you should submit a sworn statement (Affidavit of Service) that proves you sent the document to the other side.
Note on Filing Fees: Minnesota courts charge a fee to file your Answer. This fee varies by county. If you cannot afford the fee, you must apply for a fee waiver (also called an in forma pauperis application) with the court.
Do Not Ignore Discovery Requests
When you were served, you may have received a separate document called a “discovery request.” This is a set of legal questions or demands for documents.
If you receive a “Request for Admission,” you generally have 30 days to respond. If you fail to respond to these on time, the court may automatically treat those requests as “admitted.” You would be admitting to the debt collector’s version of the facts, which could end your defense.
Always respond to both the Complaint (your Answer) and any discovery requests.
Ready to Take Control?
You have the information. Now you need the correct, court-approved documents. Our self-help tools focus on procedural compliance and document preparation so you can file your Answer confidently. Take the first step toward getting your financial peace back.