Motion for Writ in Capital One, N.A. vs Vienna Olson| Trellis.Law

On June 03, 2024 a Summons was filed involving a dispute between Capital One, N.A., and Olson, Vienna, for Consumer Credit Contract in the District Court of Wright County.

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86-CV-24-2902
Filed in District Court
State of Minnesota
6/3/2024 1:55 AM

CONSUMER CREDIT CONTRACT

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT

Capital One, NA.
Plaintiff,

VS
SUMMONS
Vienna Olson
Court File No.
Defendant(s)
THIS SUMMONS IS DIRECTED TO THE ABOVENAMED DEFENDANT(S):

1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is
attached to this D0 not throw these papel's away. They are ofﬁcial papers that start a lawsuit and
51111117701452

affect your legal rights, even if nothing has been ﬁled with the couit and even if there is no court ﬁle
number on this Sznnnrions.

2. You must BOTH reply, in writing, AND get a copy of your reply to the
person/business who is suing you within 21 days to protect your rights. Your" reply is called an
Answer. Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer 01"
Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and
Complaint.

ANSWER: YOLI can ﬁnd the Answer form and instructions on the MN Judicial Branch website at
www.mncouitsgov/forms under the "Civil" category. The instructions will explain in detail how to ﬁll out
the Answer form.

3. You must respond to each claim. The Answer is your written response to the Plaintiff's
Complain]. ln your Answer you must state whether you agree or disagree with each paragraph of the
Complaint. If you think the Plaintiff should not be given everything asked for in the Complaint, you must
say that in your Answer.

4. SERVICE: You may lose your case if you do not send a written response to the
Plaintiff. If you do not serve a written Answer within 2l days, you may lose this case by default. You will
not get to tell your side ot' the story. If you choose not t0 respond, the Plaintiff may be awarded everything
they asked for in the Complaint. If you agree with the claims stated in the Complaint, you don't need to
respond. A Default Judgment can then be entered against you for' what the Plaintiff asked for in the
Complaint.
To protect your rights, you must serve a copy ofyourAnswer on the person who signed this
Summons in person or by mail at this address: Messerli & Kramer P.A., 3033 Campus Drive, Suite 250,
Plymouth, MN 55441.

5. Carefully read the Instructions (CIV3OI) for the Answer for' your next steps.

MN_010] IrileNr1124-l l3693
Page 1 of 4
86-CV-24-2902
Filed in District Court
State of Minnesota
6/3/2024 1:55 AM

6. Legal Assistance. You may wisli to get legal help from an attorney. If you do not have an
attorney, and would like legal help:

0 Visit www.mncouits.gov/selthelp and click on the "Legal Advice Clinics"
tab to get more
information about legal clinics in each Minnesota County.
0 Court Administration may have information about places whei'e you can
get legal
assistance.

NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights
or you may lose the case.

7. Alternative Dispute Resolution. The parties may agree to or be ordered to participate in
an ADR process under Rule 14 of the Minnesota Rules of Practice. YOL! must still serve your written
1

Answer, even if you expect to use ADR.

MESSERLI & KRAMER PA
/S/0raalg l7. HWW
#0402194 MN
DATE:
eSigned on 4/l/2024 in Hennepin County, MN

3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramercom
Ph#: (763) 5487900
Fax#: (763) 5487922

This communication is from a debt collector and is an attempt to collect a debt. Any information
obtained will be used for~ that purpose.

MN_OlOl File No: 24-1 13693
Page 2 of 4
86-CV-24-2902
Filed in District Court
State of Minnesota
6/3/2024 1:55 AM

CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT

Capital One, NA.
Plaintiff,

VS
COMPLAINT
Vienna Olson
Court File No.
Defendant(s)

Plaintiff, for its Complaint, states and alleges as follows:
I .

Defendant(s) owe(s) Plaintiff $4,5 7.01 for goods and services sold and delivered to
1

Defendant(s) and/or by receiving a cash advance or balance transfer. Said purchases were made on

Defendant(s) charge account bearing account number XXXXXXXXXXXX8702 which was/were
issued to Defendant(s) by Capital One, NA.
11.

Defendant(s) is/are in default for failing to make the required payments on the charge account.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) for the amount of 394,5 7.01
1

less payments and credits received in the amount of$100.00, for a total amount of $4,417.01 plus
Plaintiffs costs and disbursements; but no attorneys' fees or postjudgment interest.

MESSERLI & KRAMER PA
/S/Ora4'g l7. Hat/WWW #0402194 MN
DATE:
eSigned on 4/1/2024 in Hennepin County, MN

3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramercom
Ph#: (763) 548-7900
Fax#: (763) 548-7922

MNVOlOl File No: 24-1 13693
Page 3 of 4
86-CV-24-2902
Filed in District Court
State of Minnesota
6/3/2024 1:55 AM

ACKNOWLEDGMENT
By presenting this form t0 the court, I certify that t0 the best ofmy knowledge, information, and belief,
the following statements are true. l understand that ifa statement is not true, the court can order a
penalty against me (such as to pay money to the other party: pay court costs, and/or other penalties) and
that costs, disbursements, and reasonable attorney and witness fees may be awarded
pursuant to
Minnesota Statutes section 549.21 l.

l. The information lincluded in this form is based on facts and supponed by existing law.
2. lam not presenting this form for any improper purpose. l am not using this forin to:
a. Harass anyone;
b. Cause unnecessary delay in the case; or
c. Needlessly increase the cost of litigation.
3. Nojudicial ofﬁcer has said l am a frivolous litigant.
4. There is no court order saying l cannot serve or ﬁle this form.
5. This form does not contain any "restricted identiﬁers" or confidential information as deﬁned in
Rule l l ofthe General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/l 1/) or the
Rules of Public Access to Records ofthe Judicial Branch
(https://W\Nw.revisor.mn.gov/court rules/rule/ratoh/).
6. lfl need to ﬁle "restricted identiﬁers," conﬁdential information, or a conﬁdential document, l will
use Form 11.1 and/or Form 11.2, as required by Rule l. 1

MESSERLI & KRAMER PA
/S/0rai/g P. Hmotwyom #0402194 MN
DATE:
eSigned on 4/1/2024 in Hennepin County. MN

3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 5487922

MN70101 File No: 24-113693
Page 4 of 4

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Summons: Capital One, N.A. vs Vienna Olson

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