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How to Answer a Summons for Debt Collection in Minnesota

Written by George Simons, JD/MBA · Edited by Hannah Locklear
Last updated on May 15, 2026

Summary: In Minnesota, you have 21 days to respond to a debt collection Summons by filing a written Answer with the court. Court filing fees range from $75-$300. If you miss the deadline, you risk losing by default judgment. You can use SoloSuit to create an Answer document in just 15 minutes.

When you find out you're being sued in MInnesota, don't panic. We've compiled this guide on how to respond to a Minnesota Summons for debt. In it, you'll find everything you need to know about drafting and filing an Answer, standing up for your rights, and how to resolve the debt without even going to court.


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Table of Contents

Minnesota debt collectors don't have to file a case before serving a Summons

Minnesota is a unique state when it comes to debt collection lawsuits. What makes it unique? Well, a lawsuit can be initiated simply by a debt collector serving a Summons and Complaint form on a defendant—often known as pocket filing. There is no legal requirement for a debt collector to file any formal document in court before serving someone with a lawsuit.

More specifically, Minnesota Rules of Civil Procedure Rule 3.01 states:

“A civil action is commenced against each defendant:

(a) when the summons is served upon that defendant; or
(b) at the date of signing a waiver of service pursuant to Rule 4.05; or
(c) when the summons is delivered for service to the sheriff in the county where the defendant resides personally, by U.S. Mail (postage prepaid), by commercial courier with proof of delivery, or by electronic means consented to by the sheriff's office either in writing or electronically; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made.

Filing requirements are set forth in Rule 5.04, which requires filing with the court within one year after commencement for non-family cases.”

This means that when you get sued for debt in Minnesota, the creditor or debt collector suing you has up to a year to file the Summons in court. So, you probably won't see a case number on the Summons when you receive it, and calling the court clerk won't help much if the case hasn't been officially filed yet.

This can make responding to the lawsuit tricky.

Luckily, SoloSuit can help in your debt collection case. We have compiled important information to help you know what to expect when handling a debt collection lawsuit. The information below, will help you respond to a Summons and Complaint for debt collection in Minnesota.

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Minnesota deadline for answering a debt collection Summons

Minnesota's Rules of Civil Procedure Rule 12.01 states:

“Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party.”

This means you only have 21 days to respond to a debt collection lawsuit in Minnesota.

If you fail to file your Answer within 21 days, you are essentially raising the white flag of defeat and the court will probably enter a default judgment against you. Once the debt collector has that judgment, they have the right to garnish your wages and put liens on your property.

A Garnishment Summons Minnesota is sent to the debtor after a judgment has been entered, by court order, or before the case is heard and the 21 days to respond have passed. If you receive a garnishment Summons in MN, respond to it within the timeline given, detailing the funds the creditor should exempt from garnishment.

Click here to see what types of property and funds are exempt from garnishment in Minnesota.

Now, let's take a look at an example.

Example: Polly had a $790 debt with I.C Systems, which she had defaulted from paying one year ago. She received a Summons from I.C but failed to respond to it within 21 days. As I.C waited for the court day to get the default judgment, they sent a Minnesota Garnishment Summons to Polly. She called the bank to confirm they had also received the letter, and they advised her to respond to the letter within 25 days, or I.C would gain access to all her funds if she didn't list what should be exempted.


Lookout for a discovery request

If you are served with a Summons and Complaint form in Minnesota, examine both documents thoroughly and anything else included with the service of process. Why? Because there are instances a debt collection agency in Minnesota includes discovery requests with the Summons and Complaint. As a result, you must provide an Answer to the Complaint and respond to the discovery requests. The term “discovery request” is a legal term that means requesting for an answer to a specific question or a particular document to be produced.

It is extremely important to respond to discovery requests. If you file an Answer to the Complaint, but fail to respond to the discovery requests, it could harm the viability of your defense.

For example, if the Minnesota debt collection agency sends you a set of “Requests for Admission” and you fail to respond within 30 days, those requests are considered “admitted” under the Minnesota Rules of Civil Procedure. In effect, you would be admitting to the debt collection company's version of events. It is important to respond to the discovery requests to ensure you share your side of the story and enable the court to examine both sides.

Use Minnesota Answer to Summons forms

You can use SoloSuit's Answer Form to respond to a debt collection Summons in Minnesota. It only takes 15 minutes to fill out the form, which will include your responses to each allegation from the Complaint and affirmative defenses. Here's a sample of the SoloSuit Answer form:

Nevertheless, if you want to fill everything out on your own, you can use the following form from the Minnesota courts:

CIV302 - This document is Minnesota's general Answer form for civil lawsuits such as debt collection cases. Use it to respond to a debt collection Summons and Complaint.

Minnesota courts charge Answer filing fees

According to Minnesota debt collection laws, the courts charge an Answer filing fee. The fee amount varies by county and case type (regular civil vs small claims). The fee to file an Answer to a debt collection lawsuit in Minnesota ranges from $75-$300.

To find out the filing fee for your specific case, use Minnesota's Judicial Branch website. Use the dropdown menu under County to select the county in which you reside. Then, under Category, use the dropdown menu to select either Civil Action or Proceeding or Conciliation, depending on which type of case you have. The fee will be listed under the category “First Paper Filed” on the right side of the screen.

If you are unable to pay the filing fee, you have the option to request a fee waiver. To secure a fee waiver, you must fill out an application form and submit a copy to the court for consideration. You can qualify for a Minnesota fee waiver if you:

Receiving a fee waiver doesn't mean you will not pay any court fees. You must read the form carefully and note which court fees qualify for the waiver.

Follow these steps to respond to a debt collection case in Minnesota

If you have been served with a Summons and Complaint form in Minnesota for an alleged debt, do not assume the allegations contained in the Complaint are accurate. You have the legal right to contest the allegations in the Complaint. In other words, you can fight back and win.

When a debt collector sues you, you must get to work formulating a response. Ignoring the Minnesota Summons and Complaint form is not recommended since the plaintiff will receive a default judgment, as we discussed before.

Follow these four steps to respond to a debt collection lawsuit in Minnesota:

  1. Create an Answer document.
  2. Respond to each allegation in the Complaint.
  3. Figure out if you can assert affirmative defenses.
  4. File the answer with the court and serve the plaintiff.

Now, let's break down each of these four steps in detail. Don't like reading? Check out this video instead:

1. Create an Answer document

Before you start drafting your Answer, go through the Summons and Complaint to be sure you have all the information you'll need. The Summons notifies you of the lawsuit, and lists the parties involved in the case as well as the court that has jurisdiction over this case. The Complaint contains a list of the specific allegations, or claims, being made against you.

More specifically, the Summons and Complaint documents should contain the following, which you will need to draft your Answer document:

  • Defendant's first and last name (that's you)
  • Plaintiff's name (the creditor or debt collector suing you)
  • Plaintiff's attorney information
  • Physical address of both the defendant and the plaintiff
  • Court information, including which division the case is in and the court's address
  • Case number (if the case hasn't been filed in court yet, there will be no case number listed)
  • Debt amount

You can use SoloSuit's Answer form to compile all this information and format it in the correct, legal way. You can also fill out Minnesota's CIV302 Answer form with the information you find in the Summons and Complaint.

2. Respond to each allegation in the Complaint

Your Answer document should include responses to each allegation listed in the Complaint. Each paragraph in your Answer should correspond with the numbered paragraph from the Complaint. There are three responses you can provide to each allegation in the Minnesota Civil Complaint form:

  1. Admit—this is like saying, “This is true.”
  2. Deny—this is like saying, “Prove it.”
  3. Deny due to lack of knowledge—this is like saying, “I don't know.”

Most attorneys recommend that you deny as many allegations as you can. This gives you a stronger case, because it makes the debt collector or creditor do more work to prove their claims. If they don't have the necessary evidence to prove everything, they might even drop the case.

Respond to each allegation in the Complaint with SoloSuit's help—in just 15 minutes!

3. Determine whether you can assert an affirmative defense

There are certain affirmative defenses you can raise to challenge the validity or viability of the debt collector's lawsuit. An affirmative defense is any legal reason that the plaintiff should lose their case. Here are some examples:

  • Plaintiff lacks legal standing to bring suit: Lack of standing is a powerful defense. You can raise it when the debt collector has no legal basis for filing the lawsuit (there is no clear ownership of the debt or legal assignment of a debt to a debt collector). This is a fairly common defense in debt collection cases, especially when the debt has been sold and resold to multiple debt collectors.
  • Failure to state a claim upon which relief may be granted: You can raise this defense if the plaintiff failed to cite a statute or the Complaint failed to state sufficient facts to constitute a viable cause of action.
  • Plaintiff filed the suit after the MN statute of limitations on debt collection had expired: The statute of limitations is the time period that a debt collector or creditor can sue someone for a debt. If the debt account has been inactive for six or more years in Minnesota, the statute of limitations has passed. You can assert that the debt collector failed to file the lawsuit within the applicable statutory time period. As a result, the lawsuit could be barred from moving forward.

There are dozens of common affirmative defenses you can use in a debt collection lawsuit. Each one will strengthen your case and increase your chances of winning.

Make the right affirmative defense the right way with SoloSuit.

4. File the answer with the court and serve the plaintiff

Once you have completed your Answer, file it in the court. You can send your Answer in the mail or drop it off in person at the courthouse.

You should also serve a copy of the Answer to the attorney who is representing the debt collector or creditor suing you. Make sure you fill out a sworn statement ( affidavit of service or certificate of service) to substantiate when you served the Answer. You should have a second copy ready when the debt collection company formally files suit with a court.

Respond to a debt lawsuit in Minnesota with the help of SoloSuit.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Settle debt in Minnesota

Getting behind on bills and other financial obligations can be incredibly stressful. And if you are sued for a debt, that stress only gets worse. It might be tempting to ignore the debt lawsuit and hope it goes away. No matter how stressful the lawsuit is, you should never do this! If you ignore a debt lawsuit, the creditor is going to win by default.

The first thing you need to do is send an Answer letter. After that, there are three main courses of action you can take:

  • Do nothing and let the creditor win by default.
  • Negotiate a settlement.
  • See the lawsuit through and fight it.

Letting the creditor or collector win a lawsuit is never a good idea. If you are certain you do not owe the debt (or that the creditor can’t prove you owe it). It might be worth seeing the lawsuit through. In most cases, settling the debt is the best course of action. Here’s how to settle debt in Minnesota:

File your Answer

This step is essential to keep the lawsuit going — and prevent the creditor from winning by default. Before you start planning a settlement offer, make sure you fill out your Answer and send it on time.

Plan out how much you can pay

Most settlements are lump sums of money. We usually suggest starting negotiations by offering to pay 60% of the debt, though you can offer less if you wish. It usually takes several rounds of negotiation to reach a settlement amount, so it’s a good idea to decide on a range of amounts you can pay.

Start negotiating and finalize the agreement

Reach out to the creditor and make an initial offer. After going back and forth a bit, you and the creditor will likely reach an agreement. Before you make any payments, you should ensure you have the agreement in writing.

The most important part of this agreement is a clause that states that once you pay the settlement, your creditor gives up the right to try to get you to pay the rest of the original debt.

Negotiate with debt collectors to settle your debt.

Need some tips on how to negotiate debt settlement? We asked an attorney for you. Check out the video below to discover what we learned.

Find debt relief in Minnesota

Knowing how to properly respond to a lawsuit is important. But what about the debt you’re being sued for and other debts you may have? Resolving debt might be easier than you think, but if you want to increase your chances of wiping out what you owe sooner rather than later, you’ll need to look closely at the options available to you.

Minnesota has a variety of financial aid programs for people struggling with their finances, but if you don’t qualify for these, there are other options for you, too. Here are some programs and strategies for debt relief in Minnesota you may want to consider.

See if you qualify for social programs

If you have a low income, a serious disability, or are facing a financial crisis, check out these state resources:

  • Emergency General Assistance: Cash grant program for adults with low income and no children at home dealing with an emergency.
  • General Assistance: Cash assistance for single adults with no children who have a serious disability or illness.
  • Minnesota Supplemental Aid: Assistance for those with Supplemental Security Income (SSI) and some kinds of special needs.
  • MinnesotaCare: Healthcare program for people with low income.

Each of these programs has its own eligibility criteria, so make sure you look closely before you apply!

Consider a debt consolidation loan

Applying for more credit to deal with debt might seem strange, but if you can find a debt consolidation loan with a low interest rate, this can be a great way to speed up the process of repayment and make sure you pay less in interest over time.

You usually need a fairly decent credit score to get one of these loans. If you’re approved, you can use the loan to pay off multiple smaller debts. That way, instead of making several smaller monthly payments, you’ll make one larger payment (with less interest!).

Think about home equity loans and HELOCs

Home equity lines of credit (HELOCs) and home equity loans are two ways you can use your home to help pay off debt. Because both are secured, they almost always have much lower interest rates than credit cards, personal loans, and other kinds of unsecured debt.

HELOCs and home equity loans are potentially great ways to resolve debt, but remember that they are like mortgages — the reason the rates are so low is because if you don’t make payments, the bank or company that issued you the loan/line of credit can take your home and sell it!

Consider settling your debt

At SoloSuit, we’ve seen that many clients choose to settle their debt once they’ve been sued. There’s nothing wrong with that, but you can also offer to settle with the creditor or see if they will accept a payment plan before a lawsuit is filed. Negotiating at this stage might be less stressful.

It’s important to note that settling a debt will generally have a negative impact on your credit score, and that negative impact may last up to seven years. However, settling a debt is much better than not paying it at all or getting a judgment against you. If you can pay the full debt over time, it’s better for your credit to set up a payment plan with the creditor than it is to settle it.

When all else fails, apply for bankruptcy

Bankruptcy is a potential solution, but its complexity and long-lasting impact on your credit mean you should only consider it if other options fail.

There are two kinds of bankruptcy to consider: Chapter 7 and Chapter 13. Chapter 7 is the one people commonly choose if they have a low income and few assets. You must pass a “means test” to qualify. The means test measures whether your income is low enough. If it is, most of your unsecured debts will be discharged, but certain assets can be liquidated to pay your debts.

People with higher incomes may qualify for Chapter 13, but with this type of bankruptcy, most of your debts are “reorganized” and not discharged. There are many factors that determine whether bankruptcy is the right choice for you, so before you make any bankruptcy-related decisions, it’s wise to consult with a bankruptcy attorney.

Check the status of your court case in Minnesota

Dealing with a debt lawsuit can be very confusing, especially if you haven’t dealt with the civil court system before. Whether you’re determined to fight the debt in court or you’re looking to settle, the more information you have, the more likely you are to achieve a favorable outcome.

The best way to make sure you have enough information is to find your case number and check the status of your Minnesota court case. You have a couple of options when it comes to finding your court case number. If you’d rather find it online, check out the Minnesota Courts Records Online (MCRO) portal. Enter your name, the filing date, and any other details you remember to find the details of your case.

If you’d rather deal with the matter in person, find your local court, visit the clerk, and ask for your case number (and court records if you wish). Make sure you keep up with all dates and deadlines.

Just like if you miss the deadline to file an Answer, if you miss a court hearing or another deadline, the court is very likely to issue a default judgment against you. When this happens, you’re ordered to pay the debt. If you don’t, the creditor can garnish your wages or take other extreme actions to collect the debt.

If you’ve just been sued for a debt, the most important next step is to file an Answer. SoloSuit makes it easy!

Stop wage garnishment in Minnesota

Wage garnishments can have a serious negative impact on your credit. Fortunately, they are a last resort for creditors, and it takes a lawsuit for a creditor to get a garnishment order from the court. Most of the time, you cannot stop garnishments once they start.

However, you can avoid garnishment if all or some of your income is exempt. You must file a special form with the creditor to prove your income is eligible for exemption. Here’s how it works:

  • After getting a court order, a creditor sends you a Notice of Intent to Garnish Earnings.
  • If you have exempt income, fill out the Debtor’s Exemption Claim Notice that came with the Notice.
  • Gather your last 60 days of bank statements and attach them.
  • Send your Exemption Notice and bank statements to the creditor’s attorney within 10 days.

If you don’t return your Debtor’s Exemption Claim Notice and bank statements within 10 days, garnishment will start (even if you have exempt income). This can continue for up to 70 days.

What kind of income is exempt? These are some examples:

  • Supplemental Security Income (SSI)
  • MSA Emergency Assistance
  • Diversionary Work Program
  • Energy Assistance
  • Emergency Assistance
  • General Assistance
  • General Assistance Medical Care
  • Minnesota Supplemental Aid
  • Medical Assistance
  • Minnesota Family Investment Program

It’s also important to note that if you have received public assistance in Minnesota, your wages can’t be garnished for the first two months after your last payment. However, to ensure you get that exemption, make sure you file all the right paperwork!

If your income is not exempt, you might be relieved to hear that Minnesota at least places limitations on wage garnishments. State law says that the maximum amount that can be garnished per week is the lesser of these:

  • 25% of disposable earnings
  • Disposable earnings minus 40 times Minnesota minimum wage ($10.59)

If you earn under $290 each week, your wages cannot be garnished. You should also keep in mind that “disposable income” means your earnings minus required federal and state taxes.

There’s an important note to make here, however. Just like in many other states, Minnesota has slightly different garnishment rules for back child support and spousal support. If you owe either one, 50% to 65% of your disposable income may be garnished.

Minnesota's statute of limitations on debt is six years

In Minnesota, there is a statutory limitation placed on the time allowed for a creditor or debt collector to collect on an alleged outstanding debt. This time limit is known as the Minnesota debt collection statute of limitations.

Under Minnesota law, the statute of limitations to file a lawsuit for money owed due to a breach of contract is six years. This means that a creditor or debt collection company can only file a lawsuit against you within six years from the date of your last purchase or last payment. If, on the other hand, a debt collector waits too long and attempts to file a lawsuit after six years have elapsed, you can raise the MN statute of limitations on debt collection as an affirmative defense and have the case dismissed.

For more information on Minnesota's statute of limitations on different types of debt, take a look at the table below.

Statute of Limitations on Debt in Minnesota
Debt Type Deadline
Credit Card 6 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Personal Loan 6 years
Judgment 10 years
Mortgage 15 years
Source: Minn. Stat. § 541.03/04/053

Other Minnesota debt collection laws shield consumers

Unfortunately, many consumers do not know their rights when it comes to debt collection. They might think they have to pay debts they don’t actually owe or that they must put up with abusive practices.

If you don’t already have a strong knowledge of collection laws, make sure you review Minnesota’s restrictions on debt collection before engaging with any debt collectors.

The Minnesota Collection Agency Act is fairly similar to the Fair Debt Collection Practices Act (FDCPA), a federal law designed to protect consumers from predatory debt collectors. Here are some of the most important provisions of Minnesota’s debt collection laws:

  • In order to collect in Minnesota, debt collectors must be licensed.
  • Collectors may not be deceptive or misleading in communications with you.
  • Collectors may not say they are attorneys, law enforcement officers, or credit bureaus.
  • Collectors must give you their full agency name when trying to collect.
  • Collectors may not consult neighbors or other third parties about your debt.
  • They must not threaten you with violence to collect a debt.
  • They must not try to coerce or pressure you into paying.
  • They must report all the money they collect.
  • They must not use harassment (like repeatedly calling very early or very late) to try to collect.
  • They must only report accurate information to credit bureaus.
  • They must investigate complaints that their credit reporting is inaccurate.
  • They must validate your debt if you request it.

So, what do you do if a debt collector violates the law? You have a few options. One is to file a complaint with the Commerce Department of the Minnesota Attorney General’s Office. You can also file a complaint with the Consumer Financial Protection Bureau (CFPB). If you have actual damages as a result of the debt collector’s action, you may also be able to attempt to recover those damages in court.

If you need help defending yourself in a debt collection lawsuit in Minnesota, there are organizations offering assistance at little-to-no-cost to Minnesota residents. These organizations include:

Mid-Minnesota Legal Aid
111 North Fifth Street
Suite 100
Minneapolis, MN 55403

Legal Services Advocacy Project
2324 University Avenue West
Suite 101
Midtown Commons
St. Paul, MN 55114

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.


Find your Minnesota court location

There are ten judicial districts in Minnesota. Each district contains multiple trial courts comprising one or more of Minnesota's 87 counties. The district courts are categorized into the following districts:

  • First Judicial District – Carver, Dakota, Goodhue, Le Sueur, McLeod, Scott, Sibley
  • Second Judicial District – Ramsey
  • Third Judicial District – Dodge, Fillmore, Freeborn, Houston, Mower, Olmsted, Rice, Steele, Wabasha, Waseca, Winona
  • Fourth Judicial District – Hennepin
  • Fifth Judicial District – Blue Earth, Brown, Cottonwood, Faribault, Jackson, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Watonwan
  • Sixth Judicial District – Carlton, Cook, Lake, St. Louis
  • Seventh Judicial District – Becker, Benton, Clay, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Wadena
  • Eighth Judicial District – Big Stone, Chippewa, Grant, Kandiyohi, Lac qui Parle, Meeker, Pope, Renville, Stevens, Swift, Traverse, Wilkin, Yellow Medicine
  • Ninth Judicial District – Aitkin, Beltrami, Cass, Clearwater, Crow Wing, Hubbard, Itasca, Kittson, Koochiching, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, Roseau
  • Tenth Judicial District – Anoka, Chisago, Isanti, Kanabec, Pine, Sherburne, Washington, Wright

Need to take a trip to your courthouse or call the court clerk for assistance? Use this court directory to find your courthouse and the clerk's phone number online.

If you're ready to draft and file an Answer to a Minnesota Summons now, find your local court below to get started:

Key Takeaways

In summary, here are the steps to take to respond to a Summons and Complaint for debt collection in Minnesota properly.

  • You have 21 days to respond in Minnesota.
  • Review the Summons and Complaint thoroughly to determine if the plaintiff included any Discovery Requests or other documents.
  • Prepare to pay an Answer filing fee anywhere from $75-$300, depending on which county you live in.
  • Create an Answer document that contains the same case information listed in the Summons and Complaint.
  • Respond to each claim listed in the Complaint document.
  • Research carefully to assess whether any affirmative defenses can be asserted to challenge the lawsuit.
  • File your Answer with the court, and send a copy to the plaintiff.

You can win your Minnesota debt lawsuit and get debt collectors off your back. Follow the steps listed throughout this article, and your chances of winning will increase. Good luck!

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