How to Answer a Debt Collection Summons in Minnesota (2025)

Getting sued for debt in Minnesota can feel overwhelming. You don’t have to panic.

We’ve created this complete guide to help you respond properly. You’ll learn how to draft an Answer, protect your rights, and resolve the debt.

Minnesota Has Unique Pocket Filing Rules

Minnesota stands out among states with its pocket filing approach. Debt collectors can serve you a Summons without filing anything in court first.

Minnesota Rules of Civil Procedure Rule 3.01 allows this. A lawsuit officially starts when you receive the Summons, not when it’s filed.

The collector has up to one year to file the case. You probably won’t see a case number on your Summons initially.

Calling the court clerk won’t help if nothing’s been filed yet. Our partner Solo can help you navigate this confusing process.

You Only Have 21 Days to Respond

Minnesota Rules of Civil Procedure Rule 12.01 is clear. You must serve your Answer within 21 days after receiving the Summons.

Missing this deadline is like waving a white flag. The court will likely enter a default judgment against you.

Once collectors have that judgment, they can garnish your wages. They can also place liens on your property.

A Garnishment Summons comes after the judgment. You’ll receive it by court order or after your 21 days expire.

If you get a garnishment Summons, respond immediately. Detail which funds should be exempt from garnishment.

Certain income types cannot be garnished in Minnesota. These include SSI, Emergency Assistance, and General Assistance.

Watch for Discovery Requests

Examine everything that comes with your Summons carefully. Debt collectors sometimes include discovery requests with the initial service.

Discovery requests ask for specific information or documents. You must respond to these along with your Answer.

Failing to respond to discovery requests hurts your defense. Requests for Admission become automatically admitted after 30 days of no response.

You’d essentially be agreeing with the collector’s version of events. Always respond to protect your side of the story.

Use the Right Answer Forms

You can use our partner Solo to create your Answer in 15 minutes. The form includes responses to each allegation and affirmative defenses.

You can also use Minnesota’s official form. Download CIV302 from the Minnesota courts website.

CIV302 is Minnesota’s general Answer form for civil lawsuits. Use it to respond to debt collection cases.

Filing Fees Range from $75 to $300

Minnesota courts charge Answer filing fees. The amount varies by county and case type.

Regular civil cases differ from small claims cases. Filing fees typically range from $75 to $300.

Check Minnesota’s Judicial Branch website for your specific fee. Select your county and case type to find the exact amount.

Request a Fee Waiver If Needed

Can’t afford the filing fee? You can request a waiver.

Fill out a fee waiver application form. Submit it to the court for consideration.

You may qualify if you receive public assistance. Low income below 125% of Federal poverty level also qualifies.

A fee waiver doesn’t eliminate all court costs. Read the form carefully to understand which fees are waived.

Four Steps to Respond to Your Lawsuit

Fighting back against debt collectors is your legal right. Don’t assume the allegations are accurate.

Ignoring the Summons leads to automatic loss. Follow these four critical steps instead.

Step 1: Create Your Answer Document

Review your Summons and Complaint thoroughly first. Gather all the information you’ll need.

Your documents should contain these details:

• Your full name as the defendant
• Plaintiff’s name (creditor or collector)
• Plaintiff’s attorney information
• Physical addresses for both parties
• Court information and address
• Case number (if filed)
• Debt amount claimed

Use our partner Solo to format everything correctly. Minnesota’s CIV302 form also works.

Step 2: Respond to Each Allegation

Your Answer must address every claim in the Complaint. Number your responses to match the Complaint paragraphs.

You have three response options for each allegation:

• Admit (this is true)
• Deny (prove it)
• Deny due to lack of knowledge (I don’t know)

Most attorneys recommend denying as many allegations as possible. Denials make collectors work harder to prove their case.

They might drop the case if they lack evidence. Admissions only make their job easier.

Step 3: Assert Affirmative Defenses

Affirmative defenses challenge the lawsuit’s validity. They provide legal reasons the plaintiff should lose.

Common affirmative defenses include:

• Lack of standing: The collector has no legal basis to sue you
• Failure to state a claim: The Complaint lacks sufficient facts or proper statute citations
• Statute of limitations expired: Minnesota’s six-year time limit has passed

The statute of limitations is particularly powerful. Debt accounts inactive for six or more years are time-barred.

Using the right affirmative defenses strengthens your case significantly. Each one increases your chances of winning.

Step 4: File and Serve Your Answer

File your completed Answer with the court. You can mail it or deliver it in person.

Send a copy to the plaintiff’s attorney too. Fill out a certificate of service to prove when you served it.

Keep a second copy ready for when the case is formally filed. Stay organized throughout the process.

Answer your Minnesota debt lawsuit correctly with our partner Solo.

How to Settle Your Debt

Falling behind on bills creates tremendous stress. Getting sued makes everything worse.

Never ignore a debt lawsuit hoping it disappears. You’ll lose by default.

After filing your Answer, you have three options. You can do nothing and lose automatically.

You can fight the lawsuit through to trial. Or you can negotiate a settlement.

Settlement is often the best choice. Here’s how to approach it.

File Your Answer First

Settlement negotiations require an active case. File your Answer on time to prevent default judgment.

Determine Your Payment Capacity

Most settlements require lump sum payments. Start by offering 60% of the claimed debt amount.

You can offer less if your finances require it. Negotiations typically take several rounds.

Decide on a payment range you can actually afford. Be realistic about your budget.

Negotiate and Get Everything in Writing

Contact the creditor with your initial offer. Expect back-and-forth discussions before reaching agreement.

Never make payments without a written settlement agreement. The agreement must state that your payment fully resolves the debt.

The creditor must give up rights to collect the remaining balance. Written proof protects you from future collection attempts.

Debt Relief Options in Minnesota

Resolving debt might be easier than you think. Minnesota offers various financial aid programs for struggling residents.

Social programs, loans, and negotiation strategies can all help. Explore every option available to you.

Check Your Eligibility for Social Programs

Low income, serious disability, or financial crisis? These state resources may help:

• Emergency General Assistance: Cash grants for adults facing emergencies
• General Assistance: Cash for single adults with serious disabilities
• Minnesota Supplemental Aid: Assistance for SSI recipients with special needs
• MinnesotaCare: Healthcare program for low-income residents

Each program has specific eligibility requirements. Review them carefully before applying.

Consider Debt Consolidation

Debt consolidation loans can simplify multiple debts. You’ll need decent credit to qualify.

Low interest rates make consolidation attractive. You pay off multiple debts with one loan.

Instead of several small payments, you make one larger payment. Lower interest means less total cost over time.

Explore Home Equity Options

Home equity loans and HELOCs use your home as collateral. Interest rates are typically much lower than credit cards.

These options can effectively resolve debt. But remember the risk involved.

Failing to make payments means losing your home. Only use this option if you’re confident about repayment.

Negotiate Settlement Before Lawsuit

You don’t have to wait for a lawsuit to settle. Contact creditors proactively about settlement or payment plans.

Negotiating before court reduces stress significantly. Settlements do impact your credit score negatively.

That impact can last up to seven years. But settling beats ignoring debt or facing judgment.

Payment plans affect credit less than settlements. Pay the full debt over time if possible.

Consider Bankruptcy as Last Resort

Bankruptcy should be your final option. Its complexity and credit impact make it a serious decision.

Chapter 7 bankruptcy works for low-income individuals with few assets. You must pass a means test.

Most unsecured debts get discharged under Chapter 7. Some assets may be liquidated to pay creditors.

Chapter 13 reorganizes debts instead of discharging them. Higher-income individuals typically use this option.

Consult with a bankruptcy attorney before deciding. Professional guidance ensures you make the right choice.

Check Your Court Case Status

Understanding your case status helps you respond effectively. Information is power in debt lawsuits.

Finding your case number is the first step. Minnesota Courts Records Online (MCRO) portal makes searching easy.

Enter your name and filing date. Any other details you remember help narrow results.

Prefer in-person assistance? Visit your local courthouse clerk’s office.

Ask for your case number and court records. Keep track of all dates and deadlines carefully.

Missing hearings or deadlines results in default judgment. The court orders you to pay the debt.

Collectors can garnish wages if you don’t pay. Other extreme collection actions become possible too.

How to Stop Wage Garnishment

Wage garnishments seriously damage your finances. Fortunately, they’re a last resort for creditors.

Garnishment requires a lawsuit and court order first. You usually cannot stop garnishment once it starts.

But you can avoid it if your income is exempt. File a special form to prove exemption eligibility.

The Garnishment Process

After obtaining court orders, creditors send a Notice of Intent to Garnish Earnings. You receive a Debtor’s Exemption Claim Notice with it.

Gather your last 60 days of bank statements. Attach them to your completed Exemption Notice.

Send everything to the creditor’s attorney within 10 days. Missing this deadline means garnishment starts automatically.

Garnishment can continue for up to 70 days. Even exempt income gets garnished without proper paperwork.

Exempt Income Types

These income types cannot be garnished in Minnesota:

• Supplemental Security Income (SSI)
• MSA Emergency Assistance
• Diversionary Work Program payments
• Energy Assistance
• General Assistance
• Minnesota Supplemental Aid
• Medical Assistance
• Minnesota Family Investment Program

Public assistance recipients get additional protection. Wages cannot be garnished for two months after your last payment.

File proper paperwork to claim this exemption. Don’t assume protection happens automatically.

Garnishment Limits

Minnesota law limits garnishment amounts for non-exempt income. The maximum weekly garnishment is the lesser of:

• 25% of disposable earnings
• Disposable earnings minus 40 times Minnesota minimum wage ($10.59)

Weekly earnings under $290 cannot be garnished at all. Disposable income means earnings minus required taxes.

Child support and spousal support have different rules. These obligations allow 50% to 65% garnishment of disposable income.

Minnesota’s Six-Year Statute of Limitations

Minnesota law limits how long collectors can sue for debt. The statute of limitations is six years for most debts.

The clock starts from your last purchase or payment. Collectors cannot file lawsuits after six years pass.

Raise the statute of limitations as an affirmative defense. The court will dismiss time-barred cases.

Statute of Limitations by Debt Type

Minnesota Debt Collection Laws Protect You

Many consumers don’t know their rights against collectors. You don’t have to tolerate abusive practices.

The Minnesota Collection Agency Act protects consumers. It works similarly to the federal Fair Debt Collection Practices Act.

Important Consumer Protections

Minnesota law prohibits specific collector behaviors:

• Collectors must be licensed to operate in Minnesota
• Deceptive or misleading communications are illegal
• Collectors cannot falsely claim to be attorneys or law enforcement
• They must provide their full agency name when collecting
• Discussing your debt with neighbors or third parties is prohibited
• Violence threats to collect debt are illegal
• Coercion and pressure tactics are forbidden
• All collected money must be reported properly
• Harassment like repeated early or late calls is illegal
• Credit reporting must be accurate
• Collectors must investigate accuracy complaints
• They must validate debt when you request it

Report Violations

Collectors who break these rules face consequences. You have several reporting options.

File a complaint with the Minnesota Attorney General’s Commerce Department. You can also file with the Consumer Financial Protection Bureau (CFPB).

If you suffered actual damages, you may recover them in court. Document all violations carefully.

Find Legal Help in Minnesota

Need help defending yourself against debt collectors? Organizations offer low-cost or free assistance.

Mid-Minnesota Legal Aid
111 North Fifth Street, Suite 100
Minneapolis, MN 55403

Legal Services Advocacy Project
2324 University Avenue West, Suite 101
Midtown Commons
St. Paul, MN 55114

Our partner Solo also provides tools to help you respond correctly.

Minnesota Court Locations

Minnesota has ten judicial districts. Each district contains multiple trial courts covering one or more counties.

Districts are organized as follows:

• First Judicial District: Carver, Dakota, Goodhue, Le Sueur, McLeod, Scott, Sibley
• Second Judicial District: Ramsey
• Third Judicial District: Dodge, Fillmore, Freeborn, Houston, Mower, Olmsted, Rice, Steele, Wabasha, Waseca, Winona
• Fourth Judicial District: Hennepin
• Fifth Judicial District: Blue Earth, Brown, Cottonwood, Faribault, Jackson, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Watonwan
• Sixth Judicial District: Carlton, Cook, Lake, St. Louis
• Seventh Judicial District: Becker, Benton, Clay, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Wadena
• Eighth Judicial District: Big Stone, Chippewa, Grant, Kandiyohi, Lac qui Parle, Meeker, Pope, Renville, Stevens, Swift, Traverse, Wilkin, Yellow Medicine
• Ninth Judicial District: Aitkin, Beltrami, Cass, Clearwater, Crow Wing, Hubbard, Itasca, Kittson, Koochiching, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, Roseau
• Tenth Judicial District: Anoka, Chisago, Isanti, Kanabec, Pine, Sherburne, Washington, Wright

Use the Minnesota courts directory to find your courthouse. Get the clerk’s phone number and address online.