Minnesota Substituted Agreement

Category:
State:
Multi-State
Control #:
US-1340786BG
Format:
Word; 
Rich Text
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Description

A substituted agreement is made between parties to an earlier agreement. A substituted agreement takes the place of an earlier agreement and also discharges the earlier one.
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FAQ

The Uniform Commercial Code (UCC) governs business transactions. It is a set of laws that standardize U.S. business law so that it is uniform in every state. The UCC was enacted in 1952 and has had many revisions over the years. While it was not mandatory for every state, all 50 states have adopted it.

Although service can sometimes be effectuated using certified mail, if personal service is required, you cannot serve a Post Office box. In those cases, you would have to serve the individual named on the summons. Furthermore, you cannot serve post office workers.

In Minnesota, a contract is defined as being a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. Restatement, Second of Contracts § 1.

Service of summons within the state shall be as follows: (a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein.

When a transaction is covered by the Three-Day Cooling-Off Law, you have three business days to cancel the contract. Under the law, you must make cancellation requests in writing to the address provided by the seller.

Generally, you would serve the other party(ies) with copies of all the papers you file with the court. Many of the forms that are published by the MN Judicial Branch have instructions that include a section about what you need to serve. If you are not sure what you need to serve, you should talk to a lawyer.

While largely successful at achieving this ambitious goal, some U.S. jurisdictions (e.g., Louisiana and Puerto Rico) have not adopted all of the articles contained in the UCC, while other U.S. jurisdictions (e.g., American Samoa) have not adopted any articles in the UCC.

Every U.S. state and the District of Columbia have adopted at least part of the UCC (though it has not been adopted as federal law). Each jurisdiction, however, may make its own modifications (Louisiana has never adopted Article 2), and may organize its version of the UCC differently.

Service by mail shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding. Pursuant to Minnesota Statutes 2006, section 518A. 46, subdivision 2, paragraph (c), clause (4), an employee of the county agency may serve documents on the parties.

The UCC was originally published in 1952 and was adopted by the State of Minnesota in 1965. It has been adopted in every state except Louisiana, with minor variations between states.

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Minnesota Substituted Agreement