HF 80

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/17/2013 10:12am

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.

new text begin [548.101] ASSIGNED CONSUMER DEBT DEFAULT JUDGMENTS.
new text end

new text begin 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:
new text end

new text begin (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);
new text end

new text begin (2) admissible evidence establishing that the defendant owes the debt;
new text end

new text begin (3) admissible evidence establishing that the amount claimed to be owed is accurate,
including a breakdown 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;
new text end

new text begin (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;
new text end

new text begin (5) proof that a summons and complaint were properly served on the debtor and that
the debtor did not serve a timely answer in district court cases, or proof that a statement of
claim and summons were properly served on the debtor in conciliation court cases; and
new text end

new text begin (6) proof that the debtor was provided notice of the request, application, or motion
for default judgment in district court cases, or proof that the debtor was provided notice of
the trial date in conciliation court cases.
new text end

new text begin EFFECTIVE DATE. new text end

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