Preview
73-CV-24-4796
Filed in District Court
State of Minnesota
6/24/2024 8:58 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF STEARN S SEVENTH JUDICIAL DISTRICT
Bank of America, NA.
Plaintiff,
VS.
SUMMONS
Marisa L Thole
Court File N o.
Defendant(s)
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S):
1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is
attached to this Summons. 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 or
Answer 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.mncourts.gov/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
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 (CIV301) for the Answer for your next steps.
MNflOlOS File No: 24401105
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73-CV-24-4796
Filed in District Court
State of Minnesota
6/24/2024 8:58 AM
6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an
attorney, and would like legal help:
0 Visit www.mncourtsgov/seltheln 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 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 writteri
Answer, even if you expect to use ADR.
MESSERLI & KRAMER PA
/S/0ro«ig P. Hot/1mm, #0402144 MN
DATE:
eSigiied on 2/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cclitigation@messerlikramer.com
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.
MNmOIOS File No: 24401105
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73-CV-24-4796
Filed in District Court
State of Minnesota
6/24/2024 8:58 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF STEARN S SEVENTH JUDICIAL DISTRICT
Bank of America, N .A.
Plaintiff,
VS. COMPLAINT
Marisa L Thole
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-in-interest 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~offi The entire balance on the Account is owed to
Plaintiff and is presently due and payable in full.
8. The current Account balance is $5,876.86, 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.
MNmOIOS File No: 24alOll()5
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73-CV-24-4796
Filed in District Court
State of Minnesota
6/24/2024 8:58 AM
WHEREFORE, Plaintiff demands judgment against Defendant(s) for the sum of $5,876.86,
plus Plaintiffs costs and disbursements herein.
MESSERLI & KRAMER PA
/S/cmig P. Hemmww, #04021q4 MN
DATE:
eSigned on 2/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 548-7922
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 law.
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. N eedlessly 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 11 of the General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/11/) or the
Rules of Public Access to Records of the Judicial Branch
(https://www.revisor.mn.gov/court rules/rule/ra-tohl).
6. If I 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 ll.
MESSERLI & KRAMER PA
6/0ng P. Henderson/c, #0402144 MN
DATE:
eSigned on 2/22/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cclitigation@messerlikramer.com
Ph#: (763) 5487900
Fax#: (763) 548-7922
MNHOIOS File No: 24alOll()5
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