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PETSCHE v. EMC MORTG. CORP.

Civil No. 10-4750 (JRT/TNL).

830 F.Supp.2d 663 (2011)

Denise A. PETSCHE and Jay R. Petsche, Plaintiffs, v. EMC MORTGAGE CORPORATION and Gurstel Chargo, P.A., Defendants.

United States District Court, D. Minnesota.

November 15, 2011.

Attorney(s) appearing for the Case

John A. Hamer, Hoffman Law Office, Faribault, MN, for plaintiffs.

Curtis D. Ripley, Leonard Street and Deinard, PA, Minneapolis, MN, for defendant EMC Mortgage Corporation.

Bridget A. Sullivan, Gurstel, Staloch & Chargo, P.A., Golden Valley, MN, for defendant Gurstel Chargo, P.A.

MEMORANDUM OPINION AND ORDER ON CROSS SUMMARY JUDGMENT MOTIONS

JOHN R. TUNHEIM, District Judge.

Defendant EMC Mortgage Corporation ("EMC") obtained a judgment against plaintiffs Denise and Jay Petsche ("the Petsches") in the amount of $33,258.95 stemming from the Petsches' default on a mortgage. Following protracted negotiations to settle the debt through Defendant Gurstel Chargo ("Gurstel"), EMC's counsel and collection agent, EMC garnished approximately...

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