Preview
19HA-CV-24-2885
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Bank of America, NA.
Plaintiff,
VS.
SUMMONS
Christian Hinojosa Conde
Court File No.
Defendant(s)
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S):
l. You are being sued. The Plaintiff has staned a lawsuit against you. The Complaint is
attached to this Sumnwns. Do not throw these papers away. They are official papers that start a lawsuit and
affect your legal rights, even if nothing has been filed with the court and even if there is no court file
number on this Summons.
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 0r
Answ'er and Counterclaim (Answer) within 21 days from the date you received the Summons and
Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at
www.mncourtsgov/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 Plaintiffs
Complaint. In 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 21 days, you may lose this case by default. You will
not get to tell your side of the story. If you choose not to 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 of your Answer on the person who signed this
Sumnwns 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 (CIV301) for the Answer for your next steps.
MN_OlO5 File No: 24-13% 16
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19HA-CV-24-2885
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an
attomey, and would like legal help:
0 Visit www.mncourts.gov/selfheln and click on the "Legal Advice Clinics" tab to get more
information about legal clinics in each Minnesota County.
a Court Administration may have information about places where 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 114 of the Minnesota Rules of Practice. You must still serve your written
Answer, even if you expect to use ADR.
MESSERLI & KRAMER PA
/S/cmxg P. Hwtmm, #04021q4 MN
DATE:
eSigned on 5/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramericom
Ph#: (763) 548-7900
Fax#: (763) 548-7922
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_O105 File No: 24-132816
,,1..
19HA-CV-24-2885
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Bank of America, NA.
Plaintiff,
VS.
COMPLAINT
Christian Hinojosa Conde
Court File No:
Defendant(s)
Plaintiff, Bank of America, N .A., through its attorneys, claims as follows:
l. This is an action for damages that are within the jurisdictional limits of this Court,
exclusive of costs.
2. Venue for this action is proper because the Defendant is a resident of this county.
3. Plaintiff is a national banking association organized and existing under the laws of the
United States of America and having its principal place of business in Charlotte, North Carolina.
4. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the
successor-ininterest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA America Bank,
N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014.
5. Defendant is an adult individual residing in this county.
6. Defendant applied for and received a credit account, which is owned and administered by
Plaintiff (the "Account"). Defendant used or authorized the use of the Account for the acquisition of
goods, services, balance transfers or cash advances in accordance with the customer agreement
("Agreement") governing use of the Account with Plaintiff.
7. Defendant breached the Agreement by failing to make periodic payments as required
thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to
Plaintiff and is presently due and payable in full.
8. The current Account balance is $10,964.54, which includes any applicable payments and credits.
The Account is not accruing post chargeoff interest.
9. In accordance with federal regulations, monthly periodic statements for the Account have
been provided to the Defendant. Based on Plaintiffs records, there are no unresolved billing disputes
related to the Account.
MN_Ol05 File No: 24-13% 16
,,1..
19HA-CV-24-2885
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
WHEREFORE, Plaintiff demands judgment against Defendant(s) for the sum of $10,964.54,
plus Plaintiff's costs and disbursements herein.
MESSERLI & KRAMER PA
/S/0au'g P. HWww, #0402134 MN
DATE:
eSigned on 5/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cclitigation@messerlikramemom
Ph#: (763) 548-7900
Fax#: (763) 548-7922
MN_OlOS File No: 24-1328 16
,,1..
19HA-CV-24-2885
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
ACKNOWLEDGMENT
By presenting this form to the court, I certify that to the best of my knowledge, information, and belief,
the following statements are true. I understand that if a 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 549.211.
1. The information I included in this form is based on facts and supported by existing lawr
2. I am not presenting this form for any improper purpose. I am not using this form to:
a. Harass anyone;
b. Cause unnecessary delay in the case; or
c. Needlessly increase the cost of litigation.
3. No judicial officer has said I am a frivolous litigant.
4. There is no court order saying I cannot serve or file this form.
5. This form does not contain any "restricted identifiers" or confidential information as defined in
Rule ll of the General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/l l/ ) or the
Rules of Public Access to Records of the Judicial Branch
(https://www.revisor.mn.gov/court rules/rule/ra-toh/).
6. IfI need to file "restricted identifiers," confidential information, or a confidential document, I will
use Form 11.1 and/or Form 11.2, as required by Rule 11.
MESSERLI & KRAMER PA
/5/omg P. Hmm, #04021'i4 MN
DATE:
eSigned on 5/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 5480922
MN_O105 File No: 24-132816
,,1..
Preview
19HA-CV-24-2885 Filed in District Court State of Minnesota 6/24/2024 9:28 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Bank of America, NA. Plaintiff, VS. SUMMONS Christian Hinojosa Conde Court File No. Defendant(s) THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S): l. You are being sued. The Plaintiff has staned a lawsuit against you. The Complaint is attached to this Sumnwns. Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons. 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 0r Answ'er and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint. ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourtsgov/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 Plaintiffs Complaint. In 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 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to 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 of your Answer on the person who signed this Sumnwns 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 (CIV301) for the Answer for your next steps. MN_OlO5 File No: 24-13% 16 ,,1.. 19HA-CV-24-2885 Filed in District Court State of Minnesota 6/24/2024 9:28 AM 6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attomey, and would like legal help: 0 Visit www.mncourts.gov/selfheln and click on the "Legal Advice Clinics" tab to get more information about legal clinics in each Minnesota County. a Court Administration may have information about places where 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 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR. MESSERLI & KRAMER PA /S/cmxg P. Hwtmm, #04021q4 MN DATE: eSigned on 5/22/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramericom Ph#: (763) 548-7900 Fax#: (763) 548-7922 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_O105 File No: 24-132816 ,,1.. 19HA-CV-24-2885 Filed in District Court State of Minnesota 6/24/2024 9:28 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Bank of America, NA. Plaintiff, VS. COMPLAINT Christian Hinojosa Conde Court File No: Defendant(s) Plaintiff, Bank of America, N .A., through its attorneys, claims as follows: l. This is an action for damages that are within the jurisdictional limits of this Court, exclusive of costs. 2. Venue for this action is proper because the Defendant is a resident of this county. 3. Plaintiff is a national banking association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina. 4. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-ininterest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 5. Defendant is an adult individual residing in this county. 6. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement ("Agreement") governing use of the Account with Plaintiff. 7. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 8. The current Account balance is $10,964.54, which includes any applicable payments and credits. The Account is not accruing post chargeoff interest. 9. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based on Plaintiffs records, there are no unresolved billing disputes related to the Account. MN_Ol05 File No: 24-13% 16 ,,1.. 19HA-CV-24-2885 Filed in District Court State of Minnesota 6/24/2024 9:28 AM WHEREFORE, Plaintiff demands judgment against Defendant(s) for the sum of $10,964.54, plus Plaintiff's costs and disbursements herein. MESSERLI & KRAMER PA /S/0au'g P. HWww, #0402134 MN DATE: eSigned on 5/22/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cclitigation@messerlikramemom Ph#: (763) 548-7900 Fax#: (763) 548-7922 MN_OlOS File No: 24-1328 16 ,,1.. 19HA-CV-24-2885 Filed in District Court State of Minnesota 6/24/2024 9:28 AM ACKNOWLEDGMENT By presenting this form to the court, I certify that to the best of my knowledge, information, and belief, the following statements are true. I understand that if a 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 549.211. 1. The information I included in this form is based on facts and supported by existing lawr 2. I am not presenting this form for any improper purpose. I am not using this form to: a. Harass anyone; b. Cause unnecessary delay in the case; or c. Needlessly increase the cost of litigation. 3. No judicial officer has said I am a frivolous litigant. 4. There is no court order saying I cannot serve or file this form. 5. This form does not contain any "restricted identifiers" or confidential information as defined in Rule ll of the General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/l l/ ) or the Rules of Public Access to Records of the Judicial Branch (https://www.revisor.mn.gov/court rules/rule/ra-toh/). 6. IfI need to file "restricted identifiers," confidential information, or a confidential document, I will use Form 11.1 and/or Form 11.2, as required by Rule 11. MESSERLI & KRAMER PA /5/omg P. Hmm, #04021'i4 MN DATE: eSigned on 5/22/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramer.com Ph#: (763) 548-7900 Fax#: (763) 5480922 MN_O105 File No: 24-132816 ,,1..