HF 80

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

A bill for an act
relating to judgments; regulating assigned consumer debt default judgments;
proposing coding for new law in Minnesota Statutes, chapter 548.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[548.101] ASSIGNED CONSUMER DEBT DEFAULT JUDGMENTS.

A party entitled to a judgment by default in an action upon an assigned obligation
arising out of any consumer debt that is primarily for personal, family, or household
purposes and in default at the time of assignment shall apply to the court and submit, in
addition to the application for judgment:

(1) a copy of the written contract between the debtor and original creditor or, if there
was no written contract, other admissible evidence establishing the terms of the contract
between the debtor and the original creditor, including the moving party's entitlement to
the amounts described in clause (3);

(2) admissible evidence establishing that the defendant owes the debt;

(3) admissible evidence establishing that the amount claimed to be owed is accurate,
including an itemization of the balance owed at the time the debt was first assigned to
another party by the original creditor and a breakdown of post-assignment fees, interest,
and interest rates;

(4) documentation establishing a valid and complete chain of assignment of the debt
from the original creditor to the moving party, including documentation or a bill of sale
evidencing the assignment with proof that the particular debt at issue was included in the
assignment referenced in the documentation or bill of sale;

(5) proof that a summons and complaint were properly served on the debtor and that
the debtor did not serve a timely answer; and

(6) proof that the debtor was provided notice of the default judgment motion and
hearing.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to
motions for default judgment filed on or after August 1, 2013.