Title Minnesota Statutes, Minnesota Statutes

571.73 PROPERTY ATTACHABLE BY GARNISHMENT; GOOD FAITH REQUIREMENT. § Subdivision 1.Retention obligation. Except as provided in subdivision 4 and section 571.79, service of the garnishment summons upon the garnishee shall obligate the garnishee to retain possession and control of …

571.74 GARNISHMENT SUMMONS AND NOTICE TO DEBTOR. The garnishment summons and notice to debtor must be substantially in the following form. The notice to debtor must be in no smaller than 14-point type. State of Minnesota District Court County of: . Judicial District: . Court File…

571.75 GARNISHEE DISCLOSURE. § Subdivision 1.Garnishee to disclose. The garnishee shall serve on both the creditor and the debtor, within 20 days after service of the garnishment summons, a written disclosure of the garnishee's indebtedness, money, or other property owing to the …

571.76 GARNISHEE FEES. A garnishee shall be paid a $15 fee by the creditor at the time of service of a garnishment summons. Failure to pay the fee renders the garnishment void, and the garnishee shall take no action. If a garnishee is required to appear and submit to oral examina…

571.77 SALARY OF PUBLIC SERVANTS. The salary or wages of an official or employee of a county, town, city, or school district, or any department of these bodies, is subject to garnishment. The garnishment summons shall be served upon the auditor, treasurer, or clerk of the body, o…

571.771 MONEY DUE FROM STATE DEPARTMENTS. Money due or owing to any entity or person by the state on account of any employment, work, contract with, or services provided to any state department or agency is subject to garnishment. The garnishment summons may be served upon the he…

571.78 DUTIES OF A GARNISHEE. A garnishee shall: (1) complete the garnishment disclosure form and return it to the creditor, and serve a copy on the debtor as required by section 571.75; (2) retain nonexempt disposable earnings, indebtedness, money, or other property belonging to…

571.79 DISCHARGE OF A GARNISHEE. Except as provided in paragraph (h), the garnishee, after disclosure, shall be discharged of any further retention obligation to the creditor with respect to a specific garnishment summons when one of the following conditions are met: (a) The garn…

571.81 GARNISHMENT LIEN; PRIORITIES OF CREDITORS. § Subdivision 1.Garnishment lien. From the time of service of a garnishment summons upon a garnishee, either before or after judgment, the creditor has a perfected lien upon all disposable earnings, indebtedness, money, or other p…

571.82 JUDGMENT AGAINST GARNISHEE. § Subdivision 1.Judgment upon failure to disclose. If a garnishee fails to serve a disclosure as required in this chapter, the court may render judgment against the garnishee, upon motion by the creditor, for an amount not exceeding 110 percent …

571.83 JOINDER AND INTERVENTION BY PERSONS IN INTEREST. If it appears that a person, who is not a party to the action, has or claims an interest in any of the disposable earnings, other indebtedness, money, or other property, the court shall permit that person to intervene or joi…

571.84 VALUATION AND DISPOSITION OF PROPERTY IN HANDS OF THE GARNISHEE. On motion of a person in interest the court may: (1) determine the value of property of the debtor in the hands of the garnishee; (2) make an order relative to the keeping, delivery, or sale of the property t…

571.85 LIEN OF GARNISHEE. If it appears that the garnishee has a security interest or lien on the indebtedness or property, the creditor, on motion, may be permitted to pay the amount of the lien or security interest, and the amount that is paid shall be repaid to the creditor, w…

571.86 DISCHARGE NOT A BAR. If a person summoned as a garnishee is discharged pursuant to section 571.79, or released by the creditor, the discharge is no bar to an action brought against the garnishee by the debtor or other claimants. History: 1990 c 606 art 3 s 18

571.87 TRANSFER TO ANOTHER COURT. In case of a change in venue or removal to a United States District Court, whether before or after full disclosure, the garnishment proceeding must be changed to the county or court to which the action is transferred. Written notice of the transf…

571.88 APPEAL. A party to a garnishment proceeding aggrieved by an order or final judgment may appeal as in other civil cases. History: 1990 c 606 art 3 s 20

571.90 PENALTY IN CERTAIN GARNISHMENT PROCEEDINGS. A creditor who serves or causes to be served a garnishment summons before entry of judgment in the main action, except when garnishment before entry of judgment is permitted under this chapter, is liable to the debtor named in th…

571.91 GARNISHMENT OF FUNDS AT A FINANCIAL INSTITUTION. Sections 571.911 to 571.915 relate to the garnishment of funds at a financial institution. History: 1990 c 606 art 3 s 22

571.911 EXEMPTION NOTICE; DUTY OF FINANCIAL INSTITUTION. If the garnishment summons is used to garnish funds of a debtor who is a natural person and if the funds to be garnished are held on deposit at a financial institution, the creditor shall serve with the garnishee summons a …

571.912 FORM OF NOTICE, INSTRUCTIONS, AND EXEMPTION NOTICE. § Subdivision 1.Form of notice. The notice, instructions, and exemption notice informing a debtor that a garnishment summons has been used to attach funds of the debtor to satisfy a claim must be a separate notice and mu…

571.913 EFFECT OF EXEMPTION NOTICE. Within two business days after receipt of the garnishment summons, the notice, instructions, and two copies of the exemption notice, the financial institution shall serve upon the debtor the notice, instructions, and two copies of the exemption…

571.914 OBJECTION TO EXEMPTION CLAIM. § Subdivision 1.Objections and request for hearing. (a) The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2. (b) The court administrator may charge a fee of $1 for the filing of a Noti…

571.915 RELEASE OF FUNDS. At any time the debtor or the creditor may, by a writing dated after the service of the garnishment summons, direct the financial institution to release the funds in question to the other party. Upon receipt of a release, the financial institution shall …

571.92 GARNISHMENT OF EARNINGS. Sections 571.921 to 571.926 relate to the garnishment of earnings. The exemptions available under section 550.37 apply to the garnishment of earnings if the debtor is a resident of Minnesota and the debtor's place of employment is in Minnesota, reg…

571.921 DEFINITIONS. For purposes of sections 571.921 to 571.927, the following terms have the meanings given them: (a) "Earnings" means: (1) compensation paid or payable to an employee, independent contractor, or self-employed person for personal service whether denominated as w…

571.922 LIMITATION ON WAGE GARNISHMENT. (a) Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to garnishment may not exceed the lesser of: (1) 25 percent of the debtor's disposable earning…

571.923 MULTIPLE EARNINGS GARNISHMENTS. Except as otherwise provided in this chapter or section 518A.53, the priority of multiple earnings garnishments shall be determined by the order in which the garnishment summonses were served on the employer. If the employer is served with …

571.924 GARNISHMENT EXEMPTION NOTICE. § Subdivision 1.Requirement. The creditor shall serve upon the debtor, no less than ten days before the service of the garnishment summons, a notice that a summons may be issued. The notice shall: (1) be substantially in the form set out in s…

571.925 FORM OF NOTICE. The ten-day notice informing a debtor that a garnishment summons may be used to garnish the earnings of an individual must be substantially in the following form: State of Minnesota District Court County of: . Judicial District: . Court File Number: . Case…

571.926 PROCEEDINGS IF NO EXEMPTION STATEMENT IS RECEIVED. If no statement of exemption is received by the creditor on an earnings garnishment within ten days from the service of the notice, the creditor may proceed with the garnishment. Failure of the debtor to serve a statement…

571.927 PENALTY FOR RETALIATION FOR GARNISHMENT. § Subdivision 1.Prohibition. An employer shall not discharge or otherwise discipline an employee or independent contractor as a result of an earnings garnishment authorized by this chapter. § Subd. 2.Remedy. If an employer violates…

571.93 GARNISHMENT BEFORE JUDGMENT OR DEFAULT. § Subdivision 1.Grounds. The court may order the issuance of a garnishment summons before judgment or default in the civil action, if a summons and complaint, or copies of these documents, are filed with the appropriate court, and if…

571.931 PREJUDGMENT GARNISHMENT BEFORE NOTICE AND HEARING. § Subdivision 1.Written application. A creditor seeking a prejudgment garnishment order in extraordinary circumstances to secure property before the hearing specified in section 571.932 shall proceed by written applicatio…

571.932 PREJUDGMENT GARNISHMENT AFTER NOTICE AND HEARING. § Subdivision 1.Motion. A creditor seeking to obtain an order of garnishment in other than extraordinary circumstances shall proceed by motion. The motion must be accompanied by an affidavit setting forth in detail: (1) th…