Defending Against Debt Lawsuit

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Summary

When facing a summary judgment for old credit card debt in Minnesota, seek legal counsel, file an opposition, and gather evidence. Potential defenses include the statute of limitations (6 years) and identity theft. Payments made without your initiation may help dispute the reset timeline. Consult a legal professional for tailored advice.

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Hello, nice to meet you as well.
Hello, ****! Glad to help you today. Could you please detail your legal issue or question so I can provide the most relevant information for you?
I'm being sued by a debtor for old credit card debt. I recently got communication that they have filed for a summary judgement. What should I do?
Hello ****, I understand your concern. In Minnesota, when faced with a summary judgment, you should:
- Seek legal counsel, either a lawyer or a legal aid organization.
- File an opposition to the summary judgment, explaining why a trial is necessary.
- Gather and present any evidence disproving the debt or its amount.
Remember, this is not legal advice, just general guidance.
The original debt was incurred by someone else using my card. I was unaware that this person's intent was fraudulent, and there was no enrichment on my part. This happened over 10 years ago. Is there a legal argument to be made in my defense against this suit?
In Minnesota, there are potential defenses you could use:
- Statute of limitations: If the debt is over 6 years old, it may be uncollectable.
- Identity theft or fraud: If you can prove someone else incurred the debt without your knowledge, it may be dismissed.
Please consult with a legal professional to explore these options.
Can you give me some more information about the Statute of limitations? I have heard that any interaction I may have had with the debtor "resets" the timeline. Is this true, and are there exceptions or ways to dispute this?
In Minnesota:
- The Statute of Limitations for credit card debt is 6 years.
- The clock may reset if you make a payment or acknowledge the debt.
- Exceptions include being a minor or incapacitated.
- Legal advice is crucial to dispute resetting the clock.

This is general info, not legal advice.
It's possible that payments were made within the past 6 years, but they were automatic withdrawals that I did not initiate. Could this be a possible way to dispute the reset timeline?
In Minnesota, if the payments made were not initiated by you, it could potentially be a way to dispute the reset timeline. However, this is a complex legal issue. You should consult a legal professional for advice tailored to your situation.
Okay, Thank you for your help!
You're welcome, ****! If you have any other questions in the future, don't hesitate to ask. Remember, consulting with a legal professional is crucial in your situation. Best of luck!