Collectors, garnishment, credit reports, identity theft, and guaranties.
A personal guaranty is a separate contract that survives your company's collapse and its bankruptcy. Minnesota's statute of frauds requires it in writing — and the waivers buried in the boilerplate are usually more dangerous than the guaranty itself.
Read →In Keathley v. Buddy Ayers Construction, a unanimous Court threw out a test that killed injury claims based on a debtor's 'motive to conceal.' The Eighth Circuit — which governs Minnesota — has taken the better view since 2006.
Read →Under Minn. Stat. § 609.527, a Minnesota law enforcement agency must prepare a police report and give the complainant a copy, and courts must order at least $1,000 in restitution to each direct victim. The report is what makes your federal remedies work.
Read →Minn. Stat. § 550.37 exempts a substantial list of property from collection, and § 571.922 caps wage garnishment on a sliding scale. Exemptions are not automatic. Unclaimed, they are waived — and the amounts change every even-numbered year.
Read →Under Minn. Stat. § 336.9-610, every aspect of a disposition of collateral must be commercially reasonable. A secured party that sells carelessly, or fails to give proper notice, can lose part or all of its deficiency.
Read →You disputed the error and the bureau closed it as 'verified.' Here's why self-disputes fail, what the FCRA actually requires, and when it becomes a legal claim.
Read →Minn. Stat. § 513.44 lets a creditor unwind a transfer made with actual intent to hinder, delay, or defraud — and lists eleven factors courts weigh. Most of them describe things people do without believing they are doing anything wrong.
Read →Minn. Stat. § 549.09, subd. 1(c) splits judgment interest at a $50,000 hinge — 4% for 2026 versus a flat ten percent. Section 337.10, subd. 3 charges 1-1/2 percent per month on construction payables. Sections 334.01 and 334.011 govern the private note.
Read →Prejudgment attachment under Minn. Stat. ch. 570 is Minnesota's rarest creditor remedy because § 570.02 makes the grounds intent-based — and only four of the six can support an ex parte seizure under § 570.025.
Read →Minn. Stat. ch. 565 moves possession of personal property before judgment: § 565.23 after notice and hearing, § 565.24 before it, plus bonds, redelivery rights, and the UCC Article 9 problem that sends a secured party to court at all.
Read →Minn. Stat. § 325F.70, subd. 3 gives a consumer a direct damages remedy under the Consumer Fraud Act that the statute itself deems to benefit the public. Everyone else is back in § 8.31 and Ly v. Nystrom. The Deceptive Trade Practices Act pays nobody.
Read →Minnesota caps interest at $8 on $100 per year — but subd. 2 exempts written credit extensions of $100,000 or more entirely, and § 334.011 gives business and agricultural loans a floating cap. Violate the business cap and the entire interest is forfeited.
Read →The Farmer-Lender Mediation Act conditions foreclosure, repossession, contract for deed cancellation, garnishment, and levy on a mediation notice — but the operative bars sit in Minn. Stat. §§ 336.9-601(h), 550.365, 559.209, and 582.039. Sections 583.20 to 583.32 expire June 30, 2027.
Read →Minn. Stat. § 510.02 protects hundreds of thousands of dollars of homestead value across as much as 160 acres, on an amount that adjusts every even-numbered year. But § 510.05 lists exactly what it does not stop, and § 510.07 will let you abandon it by accident.
Read →Minn. Stat. ch. 332B registers debt settlement providers and, at § 332B.09, subd. 3, forbids collecting any payment before the services are fully performed. Chapter 332A does the same job differently for debt management. Both carry private rights of action with statutory damages and fees.
Read →Minn. Stat. §§ 332.31–332.44 license collection agencies and debt buyers and list 24 prohibited practices in § 332.37, including a clause making any FDCPA violation a Minnesota violation. But the private damages remedy lives in the federal statute, 15 U.S.C. § 1692k.
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