Document for AFFINITY PLUS FEDERAL CREDIT UNION vs Aggrey Kwame

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                                STATE OF MINNESOTA                                                DISTRICT COURT


COUNTY OF RAMSEY                                      SECOND JUDICIAL DISTRICT




                                               STANDING ORDER FOR
                                               CONSUMER CREDIT CASE
                                               TYPES




      The Second Judicial District desires to improve the process related to consumer
credit contract cases and seeks to achieve settlement, dispositive motion, or trial
within 180 days of filing, while limiting the number of court hearings to one
disposition hearing, unless a case management conference is necessary.
      Accordingly, it is HEREBY ORDERED that:
   1. After a consumer credit contract case is filed, it shall be assigned to a special
      term calendar within 30 days. The special term calendar hearing shall be
      scheduled no earlier than 60 days and no later than 120 days from the date of
      filing.
   2. Court Administration shall transmit this Standing Order to the parties
      together with the notice of hearing.
   3. The court will establish a biweekly half-day consumer credit calendar for a
      special term date before a District Court Judge. The calendar will include all
      motion hearings as described below.
   4. Court Administration shall confirm that the following case types are used for
      consumer credit contract cases: Consumer Credit Contract or Default
      Judgment.
         a. When filing either of these case types, the filing party must comply with
                paragraph 5 of this Standing Order.
      b. If the filing party uses case type            Default Judgment, Court
          Administration shall confirm that the filing party has complied with
          paragraph 7 of this Standing Order.
      c. If the filing party uses case type Default Judgment for a matter seeking
          judgment renewal, Court Administration shall confirm that the filing
          party has complied with paragraph 10 of this Standing Order.
      d. Cases with the case type Default Judgment or Default Judgment
          seeking judgment renewal shall be forwarded to a civil signing judge
          and not placed on the special term calendar.
5. A party filing a consumer credit contract case shall file a civil cover sheet. Any
   other party may file a supplemental civil cover sheet within ten days of service
   of the filing party’s civil cover sheet. See Form CIV117 promulgated by the
   State Court Administrator. All civil cover sheets shall include:
      a. In paragraph 1: a concise statement of the case including
             i. Whether the case involves an assigned debt.
             ii. Whether the anticipated motion practice is for default judgment,
                judgment on the pleadings, or summary judgment.
      b. In paragraph 4: any need for abbreviated discovery.
      c. In paragraph 6: if a trial is necessary, a proposed schedule for the filing
          of all trial documents, including witness and exhibit lists and a request
          for a trial date no later than 180 days from the date of filing.
      d. In paragraph 13: the prospects for settlement via mediation, arbitration,
          court-conducted settlement conference, or other forms of alternative
          dispute resolution (ADR).
6. An assigned debt is defined as a debt transferred from an original creditor or
   obligee to a successor in interest only after default.
7. Where a party is seeking judgment by default against a consumer:
      a. The filing party shall use the case type Default Judgment.
      b. If the case involves an assigned debt, as defined above, that party shall
          possess and present to the court the documentation required under

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         Minn. Stat. § 548.101 along with affidavits of no answer and service, and
         any other admissible evidence that supports the entry of default
         judgment.
      c. If not an assigned debt, that party shall possess and present to the court
         affidavits of no answer and service, and any other admissible evidence
         that supports the entry of default judgment.
      d. A motion for default judgment can be granted by a judge or court
         administrator without need for a hearing.
      e. A case that is filed as an administrative default judgment, with the
         corresponding case type, and involves an assigned debt, must also meet
         the requirements of paragraph 7b of this Standing Order.
8. When a party seeks judgment on the pleadings against a consumer, that party
   shall possess and present to the court as an exhibit a copy of the defendant’s
   answer, or correspondence that may be construed as an answer, admitting
   sufficient allegations pled in the complaint to find in the party’s favor.
9. When a party seeks summary judgment against a consumer, that party shall
   possess and present to the court an affidavit from the plaintiff offering:
      a. A copy of the written contract between the debtor and original creditor
         or, if no written contract exists, other admissible evidence establishing
         the terms of the account relationship between the debtor and the
         original creditor;
      b. Admissible evidence establishing that the defendant owes the debt;
      c. Admissible evidence establishing that the amount claimed to be owed is
         accurate, including the balance owed at the time the debt was charged
         off; and
      d. If the case involves an assigned debt, admissible evidence establishing
         a valid and complete chain of assignment of the debt from the original
         creditor to the party requesting judgment, including documentation or
         a bill of sale evidencing the assignment with evidence that the particular



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            debt at issue was included in the assignment referenced in the
            documentation or bill of sale.
   10. When a filing party seeks to renew a judgment, and serves the judgment
      debtor(s) before expiration of the prior judgment, and the prior judgment was
      based on a consumer credit contract:
         a. The filing party shall use the case type Default Judgment;
         b. The filing party shall provide a civil cover sheet, stating in paragraph 1
            a concise statement of the case including:
                i. That the prior judgment involved a consumer credit contract;
               ii. That the prior judgment was not paid.
   11. If either plaintiff, defendant, or counsel for any party fails to appear at the
      special term calendar hearing, the District Court Judge may make such orders
      with regard to that failure to appear, including the entry of judgment against
      the non-appearing party, as a sanction under Minn. R. Civ. P. 16.06. An order
      entering judgment for failure to appear will be stayed for a period of 30 days.
      The party against whom judgment is entered may request reconsideration in
      a letter complying with Minn. R. Gen. Prac. 115.11, detailing the
      circumstances justifying reconsideration, which must be filed and served prior
      to the end of the stay.
   12. In the event the matter proceeds to trial, the District Court Judge assigned to
      the special term calendar is assigned to the matter as the trial judge.
   13. This Order supersedes all previous standing or administrative orders related
      to consumer credit cases.


Adopted: May 14, 2019.



                                       The Honorable John H. Guthmann
                                       Chief Judge of the Second Judicial District




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