Mechanics’ liens are purely creatures of statute, existing only within the terms of the governing statutes.The purpose of a mechanic’s lien “is to reimburse laborers and material providers who improve real estate and are not paid for their services. When a lienor’s work is defective, the appropriate measure of damages . . . is to take either the cost of reconstruction in accordance with the contract, if this is possible without unreasonable economic waste, or the difference in the value of the building as contracted for and the value as actually built, if reconstruction would constitute unreasonable waste. The Gopher …

  Minnesota collection lawyer should note this decision: A judgment creditor can levy a domain name of a judgment debtor to satisfy his judgment.  596 F.3d 696 (2010) OFFICE DEPOT INC., Plaintiff-Appellee, DS Holdings, LLC, Assignee-Appellee, v. John ZUCCARINI, doing business as Country Walk, Defendant-Appellant. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 17, 2009.Filed February 26, 2010.697*697 John Zuccarini, Pro se, Stuart, FL, defendant-appellant. Michael Woodrow De Vries, Latham & Watkins LLP, Costa Mesa, CA, for the plaintiff-appellee. 698*698 Henry M. Burgoyne III, Karl S. Kronenberger, Kronenberger Burgoyne LLP, San Francisco, CA, for the assignee-appellee. Before: …

Creditor rights and debtor rights lawyers are often asked if a creditor with a judgment can take the deposition of someone who is not the debtor.  The answer is no, at least in Wisconsin.   STATE OF WISCONSIN : IN SUPREME COURT Crown Castle USA, Inc., Crown Castle Atlantic, LLC and Crown Castle GT Company, LLC, Plaintiffs-Respondents, v. Orion Construction Group, LLC, Defendant, Orion Logistics, LLC, Appellant-Petitioner. FILED MAR 22, 2012 Diane M. Fremgen Clerk of Supreme Court REVIEW of a decision of the Court of Appeals. Reversed and Remanded. ¶1 MICHAEL J. GABLEMAN, J. We review a published decision …

Creditor lawyers and debtor lawyers in Minnesota know that a debtor is entitled to exempt funds in IRA accounts from creditors up to the indexed present value limit plus any sums reasonably necessary for the support of the debtor and the debtor’s spouse or dependents.  In other words, debtors can exempt approximately $60,000 of money in IRAs so that creditors cannot get them (if the debtor files for bankruptcy, the exempt amount is unlimited). RUSSELL AMERICINN LLC v. EAGLE GENERAL CONTRACTORS LLC RUSSELL’S AMERICINN, LLC, Plaintiff/Judgment Creditor, Respondent, v. EAGLE GENERAL CONTRACTORS, LLC, et al., Defendants/Judgment Debtors, Dale J. Werth, …

Business lawyers are often asked whether a judgment accrues interest.  The answer is yes, but the rate depends upon the amount of judgment. When a judgment or award is for the recovery of money, Minnesota law provides that “interest shall accrue on the unpaid balance of the judgment or award from the time that it is entered or made until it is paid.” Until 2009, statute section 549.09 imposed post-judgment interest at a variable rate that mirrored the market rate of interest. Minn. Stat. § 549.09, subd. 1(c) (2008) (establishing a variable rate of interest “based on the secondary market …

A really helpful webpage on the basics of collecting judgments and forms for doing so can be found at the Ramsey County Court site.  http://www.mncourts.gov/district/2/?page=872 The page’s contents is as follows:     Collecting a Judgment How do I collect a Money Judgment? Although a case is decided in your favor, it is not always easy to collect a judgment.  The Court is not a collection agency and cannot assist you in locating the assets of the debtor. The first step in the collection process is to obtain a money judgment.  You may do this in Conciliation Court or District …

Yes.  A creditor lawyer in Minnesota can, when a marriage-dissolution judgment that awards one party a lien for a specific monetary amount payable at a particular time which the other party fails to pay, ask the district court  to enter a personal judgment against the debtor. STATE OF MINNESOTA IN COURT OF APPEALS A10-2239 In re the Marriage of: Douglas Jon Nelson, petitioner, Respondent, vs. Jody Lynn Nelson, Appellant. Filed December 5, 2011 Affirmed Minge, Judge Hennepin County District Court File No. 27-FA-000269360   Considered and decided by Connolly, Presiding Judge; Halbrooks, Judge; and Minge, Judge. S Y L L A …

Typically, yes.  As Edina Minnesota business lawyers, we would use Minnesota Statute § 565.21 to help the seller.  This statute states a claimant may seek temporary possession of personal property if the claimant satisfies certain requirements Laura Storms, Respondent, v. Connie Schneider, Appellant. No. A10-1876.Court of Appeals of Minnesota. Filed August 8, 2011. Considered and decided by Johnson, Chief Judge; Schellhas, Judge; and Harten, Judge.[*] OPINION JOHNSON, Chief Judge. Each of the two parties to this lawsuit seeks ownership of a particular statue of Our Lady of the Immaculate Conception. Storms commenced a replevin action to recover the statue from …

In Minnesota, a business lawyer will sometimes advise his client that a secured party may proceed to take possession of the collateral after default without judicial process, if it proceeds without a breach of the peace.” Minn. Stat. § 336.9- 609(a)-(b) but a secured party must comply with Cobb notice requirement before it can lawfully attempt self-help repossession. Brent Buzzell, Plaintiff, v. Citizens Automobile Finance, Inc., Remarketing Solutions, LLC, and Professional Recovery Services & Collections, Defendants. Civ. No. 10-2046 (RHK/FLN).United States District Court, D. Minnesota. July 13, 2011. MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION This action …

A judgment in Minnesota is valid for 10 years.  To renew a judgment in Minnesota for another ten year period, a creditor must start a new lawsuit against the debtor before the expiration of the initial ten year period.  Once the debtor has been served with the lawsuit, typically, the creditor will either ask for a default judgment against the debtor or request a judgment on the pleadings.  This case discusses how to renew a judgment. Linda Marie LaDonna DAHLIN, Appellant, v. Randall Earl Thomas KROENING, Respondent. No. A09-1800.Court of Appeals of Minnesota. July 6, 2010.Considered and decided by ROSS, …