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Minnesota Affidavit of Creditor Regarding Non-Homestead Status

State:
Minnesota
Control #:
MN-60.8.2
Format:
PDF
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Description

This form is one of the Uniform Conveyancing Blanks developed by Minnesota Uniform Conveyancing Blanks Commission pursuant to Minnesota Code Section 507.09. These forms, which pertain to the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien, have been approved by the Commissioner of Commerce. The form is available here in PDF format.

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FAQ

Collecting a judgment can be just as challenging as winning the lawsuit in some cases. If the defendant has stable finances, they should pay the judgment uneventfully.Most often, the judgment debtor will need to pay the judgment as a lump sum, but sometimes a debtor will ask to pay it in installments.

The statute of limitations for bringing a lawsuit for breach of contract under Minnesota law is six (6) years. This means that a creditor or debt collector can sue you anytime within six (6) years from the date of your last purchase or last payment, whichever was later.

How long does a judgment last? A creditor has ten (10) years from the date the judgment was entered to collect the money owed to them by the debtor. A judgment can be "renewed" by the creditor if it is not satisfied (paid) within the 10 years.

California state court money judgments automatically expire 10 years after they become final. After that date, the judgment is unenforceable.If these forms are timely filed and served, the judgment is renewed for another 10 years.

If you have found the judgment debtor's assets such as an active bank account or employment, collection can be made by a levy on the bank account or garnishment of wages. This is done by obtaining a Writ of Execution from the Court for a fee of $55.00.

Give your sheriff or other local official (known as a levying officer) information about the judgment and where the debtor works. This officer will collect the money and give it to you.

Affiant acknowledges the Homestead Property as legally sufficient to qualify as his legal homestead. This Affidavit is made to induce Lender to make a mortgage loan on the Non-Homestead Property, or to grant other financial accommodations, secured by a Deed of Trust on the Non-Homestead Property.

In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.

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Minnesota Affidavit of Creditor Regarding Non-Homestead Status