On December 27, 2017 a
Judgment
was filed
for Conciliation
in the District Court of Carlton County.
Preview
FILED IN CARLTON COUNTY
Office 0f Conn Administration
Swoln Sharon
State of Minnesota Febzgzoxsmm Conciliation Court
Carlton County Sixth Judicial District
|
Court File Number; 09—Co—17—556 J
Case Type: Conciliation
Range Credit Bureau Inc vs SPENCER
LEKANDER, NICOLE HLAVKA Order for Judgment 0n Claim and
Counterclaim
Appearances: E Plaintiff X Defendant (SpencerLekander) D Neither Party D Contested D
Default
Upon evidence received, 1T IS ORDERED:
D is entitled to judgment against for
the sum 0f $ ,plus fees of $ ,
disbursements 0f $ ,
and conditional costs of $ ,
for a total of $ .
D Judgment shall be entered in favor of (without damages).
E Plaintiff’s claim against Defendant, Nicole Hlavka, isdismissed without prejudice.
D ’s claim is dismissed without prejudice.
D ’s claim is dismissed with prejudice.
D shall immediately return
to the and that the Sheriff of the
county in which the property is located is authorized and directed t0 effect repossession of such property according t0
Minn. Stat. § 491A. 01, subd 5, and turn the property over t0
D Other/ l Memo: Claim against Defendant Hlavka dismissed without prejudice request
at Plaintiff's Claim against
Defendant Lekander ls continued to April 5 2018, at 2: 00
p m., atthe Carlton County Courthouse.
Schulte, John
/r ‘65 222mg 3:22
I “I
Dated: . Judge:
JUDGMENT
Dated:
NOTICE:
is
finally effective
THE PARTIES ARE NOTIFIED
in the noticeofjudgment set forth
Court Administrator/Deputy:
that
below.
Judgment has been entered as
m
declared and entered as stated in the Court’s Order for Judgment set forth above, and the Judgment shall
on the date specified
mum“ 17AM
indicated above, but the
g
,
a/
Judgment is
become
stayed by
law untilMarch ll, 2019. (Time)4:30 p.m. (to allow time for an appeal/removal ifdesired).
THE PARTIES ARE FURTHER NOTIFIED that ifthe case isremoved to District Courtand the removing party does not prevail
as provided in Rule 524 of theMinnesota General Rules of Practice for the District Coutts, theopposing party will be awarded
$50 as costs.
Dated: Court Administrator/Deputy: uJ
‘ 2 3
a/
raa1no|x917AM
Transcript 0f Judgment: I certify that the above is a correct transcript of the Judgment entered by this Court.
Dated: Court Administrator/Deputy:
MNCIS-CIV—113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev.2/2011Page 1 of 3
Range Credit Bureau Inc vs SPENCER LEKANDER,
NICOLE HLAVKA Court File Number: 09-CO-17-556
MEMORANDUM
Dated: .Judge:
Order Vacating Judgment For Cause
Minn. Gen. R. Prac. 520
Upon cause shown by the D Plaintiff D Defendant, the written judgment isvacated and costs in the amount
0f $ isassessed against the DPlaintiff DDefendant as DAbsolute/ DConditional costs.
Dated: . Judge:
Order Vacating Judgment Upon Removal/Appeal
Minn. Gen. R. Prac. 521(e)
Removal/Appeal by the DPlaintiff D Defendant having been perfected, the within judgment is vacated.
Dated: . Judge:
MNCIS—ClV—113 STATE Order forJudgment on Claim and Counterclaim CCT301 Rev.2/2011Page 2 of 3
How D0 You Pay a Judgment?
0 Payment should be made directly t0 the party that wins the case (prevailing Ifyou are unable to
party/creditor). pay
the creditor directly, contact the court administrator (0r conciliation court) for further information.
0 If the prevailing party is paid directly, obtain a statement of payment from the party (satisfaction ofjudgment) and file
this with the Court. Special forms for this procedure are available at the Conciliation Court office.
\
0 If the Court is not properly notified of payment, you will have an unsatisfied judgment on your record and your credit
rating may be affected.
How Do You Collect a Judgment?
Although a case is decided in your favor, a Conciliation Court judgment does not create a lien against the debtor’s
property unless the procedure outlined below is followed. You can try to collect the judgment yourself if it has not been
paid within the required 20-day period, and if the other party has not filed an appeal. Once a judgment is entered, the
judgment isenforceable for 10 years from the date of entry. If the party is declared bankrupt following the judgment,
you may receive part 0f your payment if assets are divided among the party’s creditors, or the debt may be discharged
and you cannot collect.
The following information may help you in collecting the amount of the judgment.
0 In order to collect on your judgment you must obtain a transcript (record) of your judgment from the Conciliation
Court and file itin District Court together with an Affidavit 0f Identification. The judgment will then be “docketed.”
There is a fee for obtaining that transcript.
0 Upon docketing, you may obtain a Writ of Execution from the Court Administrator. A Writ of Execution is a legal
paper authorizing the sheriff to levy (collect) on a debtor’s assets. The most common assets that can be levied upon
are bank accounts and wages. You must be able to provide detailed information regarding the assets before the sheriff
can make a levy. There is a fee for an Execution. Fees expended for the Execution process may be recovered from
the debtor.
0 If you do not know what assets the judgment debtor has, you may request the Court to order the debtor to tellyou
what those assets are. You can make the request only if:
1. The judgment has been transcribed to district court.
2. You have not received payment of the judgment.
3. You and the debtor have not agreed t0 some other method of settlement.
If those provisions can be met, the Request for Order for Disclosure form can be obtained from the Court Administrator.
A fee is required. If the request is granted, the debtor will be ordered to complete and mail to you a listing of his/her
assets within 10 days. Once you have that information, you can give the Execution to the sheriff, advise the sheriff of
the debtor’s assets and ask him/her to collect your judgment.
How Do You Appeal a Judgment?
Any party who was not present at the trial,and who has good reason for not having been present, may apply to the Court,
not later than the date indicated 0n the “Notice of Judgment” (0n the front of this form) for permission ofthe Court t0 re-
open the case for another trial. If the Court grants another trial,the Judge may require payment of costs to the other
party, absolute or conditional.
Any party who believes this judgment to be incorrect may appeal to the District Court for a completely new trial by a
different judge or by a jury if desired. The statutory requirements for such an appeal must be complied with not later
than the date indicated 0n the “Notice 0f Judgment” (on the front of this form). These requirements are time—consuming
and itis suggested that inquiries regarding the requirements be made well inadvance of the date indicated. Please note
that in District Court corporations must be represented by attorneys. The attorney must sign the appeal documents and
appear at DistrictCourt hearings and trial.
MNCIS—CIV—113 STATE Order forJudgment on Claim and Counterclaim CCT301 Rev.2/2011Page 3 of 3
Preview
FILED IN CARLTON COUNTY Office 0f Conn Administration Swoln Sharon State of Minnesota Febzgzoxsmm Conciliation Court Carlton County Sixth Judicial District | Court File Number; 09—Co—17—556 J Case Type: Conciliation Range Credit Bureau Inc vs SPENCER LEKANDER, NICOLE HLAVKA Order for Judgment 0n Claim and Counterclaim Appearances: E Plaintiff X Defendant (SpencerLekander) D Neither Party D Contested D Default Upon evidence received, 1T IS ORDERED: D is entitled to judgment against for the sum 0f $ ,plus fees of $ , disbursements 0f $ , and conditional costs of $ , for a total of $ . D Judgment shall be entered in favor of (without damages). E Plaintiff’s claim against Defendant, Nicole Hlavka, isdismissed without prejudice. D ’s claim is dismissed without prejudice. D ’s claim is dismissed with prejudice. D shall immediately return to the and that the Sheriff of the county in which the property is located is authorized and directed t0 effect repossession of such property according t0 Minn. Stat. § 491A. 01, subd 5, and turn the property over t0 D Other/ l Memo: Claim against Defendant Hlavka dismissed without prejudice request at Plaintiff's Claim against Defendant Lekander ls continued to April 5 2018, at 2: 00 p m., atthe Carlton County Courthouse. Schulte, John /r ‘65 222mg 3:22 I “I Dated: . Judge: JUDGMENT Dated: NOTICE: is finally effective THE PARTIES ARE NOTIFIED in the noticeofjudgment set forth Court Administrator/Deputy: that below. Judgment has been entered as m declared and entered as stated in the Court’s Order for Judgment set forth above, and the Judgment shall on the date specified mum“ 17AM indicated above, but the g , a/ Judgment is become stayed by law untilMarch ll, 2019. (Time)4:30 p.m. (to allow time for an appeal/removal ifdesired). THE PARTIES ARE FURTHER NOTIFIED that ifthe case isremoved to District Courtand the removing party does not prevail as provided in Rule 524 of theMinnesota General Rules of Practice for the District Coutts, theopposing party will be awarded $50 as costs. Dated: Court Administrator/Deputy: uJ ‘ 2 3 a/ raa1no|x917AM Transcript 0f Judgment: I certify that the above is a correct transcript of the Judgment entered by this Court. Dated: Court Administrator/Deputy: MNCIS-CIV—113 STATE Order for Judgment on Claim and Counterclaim CCT301 Rev.2/2011Page 1 of 3 Range Credit Bureau Inc vs SPENCER LEKANDER, NICOLE HLAVKA Court File Number: 09-CO-17-556 MEMORANDUM Dated: .Judge: Order Vacating Judgment For Cause Minn. Gen. R. Prac. 520 Upon cause shown by the D Plaintiff D Defendant, the written judgment isvacated and costs in the amount 0f $ isassessed against the DPlaintiff DDefendant as DAbsolute/ DConditional costs. Dated: . Judge: Order Vacating Judgment Upon Removal/Appeal Minn. Gen. R. Prac. 521(e) Removal/Appeal by the DPlaintiff D Defendant having been perfected, the within judgment is vacated. Dated: . Judge: MNCIS—ClV—113 STATE Order forJudgment on Claim and Counterclaim CCT301 Rev.2/2011Page 2 of 3 How D0 You Pay a Judgment? 0 Payment should be made directly t0 the party that wins the case (prevailing Ifyou are unable to party/creditor). pay the creditor directly, contact the court administrator (0r conciliation court) for further information. 0 If the prevailing party is paid directly, obtain a statement of payment from the party (satisfaction ofjudgment) and file this with the Court. Special forms for this procedure are available at the Conciliation Court office. \ 0 If the Court is not properly notified of payment, you will have an unsatisfied judgment on your record and your credit rating may be affected. How Do You Collect a Judgment? Although a case is decided in your favor, a Conciliation Court judgment does not create a lien against the debtor’s property unless the procedure outlined below is followed. You can try to collect the judgment yourself if it has not been paid within the required 20-day period, and if the other party has not filed an appeal. Once a judgment is entered, the judgment isenforceable for 10 years from the date of entry. If the party is declared bankrupt following the judgment, you may receive part 0f your payment if assets are divided among the party’s creditors, or the debt may be discharged and you cannot collect. The following information may help you in collecting the amount of the judgment. 0 In order to collect on your judgment you must obtain a transcript (record) of your judgment from the Conciliation Court and file itin District Court together with an Affidavit 0f Identification. The judgment will then be “docketed.” There is a fee for obtaining that transcript. 0 Upon docketing, you may obtain a Writ of Execution from the Court Administrator. A Writ of Execution is a legal paper authorizing the sheriff to levy (collect) on a debtor’s assets. The most common assets that can be levied upon are bank accounts and wages. You must be able to provide detailed information regarding the assets before the sheriff can make a levy. There is a fee for an Execution. Fees expended for the Execution process may be recovered from the debtor. 0 If you do not know what assets the judgment debtor has, you may request the Court to order the debtor to tellyou what those assets are. You can make the request only if: 1. The judgment has been transcribed to district court. 2. You have not received payment of the judgment. 3. You and the debtor have not agreed t0 some other method of settlement. If those provisions can be met, the Request for Order for Disclosure form can be obtained from the Court Administrator. A fee is required. If the request is granted, the debtor will be ordered to complete and mail to you a listing of his/her assets within 10 days. Once you have that information, you can give the Execution to the sheriff, advise the sheriff of the debtor’s assets and ask him/her to collect your judgment. How Do You Appeal a Judgment? Any party who was not present at the trial,and who has good reason for not having been present, may apply to the Court, not later than the date indicated 0n the “Notice of Judgment” (0n the front of this form) for permission ofthe Court t0 re- open the case for another trial. If the Court grants another trial,the Judge may require payment of costs to the other party, absolute or conditional. Any party who believes this judgment to be incorrect may appeal to the District Court for a completely new trial by a different judge or by a jury if desired. The statutory requirements for such an appeal must be complied with not later than the date indicated 0n the “Notice 0f Judgment” (on the front of this form). These requirements are time—consuming and itis suggested that inquiries regarding the requirements be made well inadvance of the date indicated. Please note that in District Court corporations must be represented by attorneys. The attorney must sign the appeal documents and appear at DistrictCourt hearings and trial. MNCIS—CIV—113 STATE Order forJudgment on Claim and Counterclaim CCT301 Rev.2/2011Page 3 of 3