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HF 80

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 06:46pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to judgments; regulating assigned consumer debt default judgments;
1.3proposing coding for new law in Minnesota Statutes, chapter 548.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. [548.101] ASSIGNED CONSUMER DEBT DEFAULT JUDGMENTS.
1.6A party entitled to a judgment by default in an action upon an assigned obligation
1.7arising out of any consumer debt that is primarily for personal, family, or household
1.8purposes and in default at the time of assignment shall apply to the court and submit, in
1.9addition to the application for judgment:
1.10(1) a copy of the written contract between the debtor and original creditor or, if there
1.11was no written contract, other admissible evidence establishing the terms of the contract
1.12between the debtor and the original creditor, including the moving party's entitlement to
1.13the amounts described in clause (3);
1.14(2) admissible evidence establishing that the defendant owes the debt;
1.15(3) admissible evidence establishing that the amount claimed to be owed is accurate,
1.16including an itemization of the balance owed at the time the debt was first assigned to
1.17another party by the original creditor and a breakdown of post-assignment fees, interest,
1.18and interest rates;
1.19(4) documentation establishing a valid and complete chain of assignment of the debt
1.20from the original creditor to the moving party, including documentation or a bill of sale
1.21evidencing the assignment with proof that the particular debt at issue was included in the
1.22assignment referenced in the documentation or bill of sale;
1.23(5) proof that a summons and complaint were properly served on the debtor and that
1.24the debtor did not serve a timely answer; and
2.1(6) proof that the debtor was provided notice of the default judgment motion and
2.2hearing.
2.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.4motions for default judgment filed on or after August 1, 2013.

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