In Minnesota, debt collectors can send a garnishment request directly to your bank and start snatching your dollars without even having through a court of a law.

MN’s “pocket service” laws allow you to initiate a lawsuit without filing it in a court. Debt collectors need only serve the summons and the complaint and the pre-judgment garnishment fun begins. (What is “pocket service” and pre-judgment? Read here).

It’s then up to the alleged debtor to disprove the claim if you want your money back. Caveat Emptor’s Sam Glover says that sometimes, these debts can’t even be collected under the law, or are only backed up by the flimsiest of evidence.

“Then, if the debtor wants to challenge the garnishment, the fact that the summons was served by hiding it in a bush down the street, or the fact that their bank account is full of exempt funds, they have to pay to file the case in district court.”

Whatever happened to innocent until proven guilty? Sam says, “It isn’t criminal, so that doesn’t apply.” — BEN POPKEN

The debt collector v. the widow [Caveat Emptor]

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