SF 1289

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:36am

A bill for an act
relating to creditor remedies; providing for the use of the Minnesota minimum
wage in garnishment; amending Minnesota Statutes 2016, section 571.922.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 571.922, is amended to read:

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 earnings; or

(2) the amount by which the debtor's disposable earnings exceed the following product:
40 times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938, United States Code, title 29, section 206(a)(1), new text begin or state minimum
wage set under section 177.24, subdivision 1, paragraph (b), whichever is higher, new text end in effect
at the time the earnings are payable, times the number of work weeks in the pay period.
When a pay period consists of other than a whole number of work weeks, each day of that
pay period in excess of the number of completed work weeks shall be counted as a fraction
of a work week equal to the number of excess workdays divided by the number of days in
the normal work week.

(b) If the judgment is for child support, the garnishment may not exceed:

(1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received);

(2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks
to be calculated to the beginning of the work week in which the garnishment summons is
received);

(3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received);
or

(4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks
to be calculated to the beginning of the work week in which the garnishment summons is
received).

Wage garnishments on judgments for child support are effective until the judgments are
satisfied if the judgment creditor is a county and the employer is notified by the county
when the judgment is satisfied.

(c) No court may make, execute, or enforce an order or any process in violation of this
section.

Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall add "or state minimum wage set under section 177.24,
subdivision 1, paragraph (b), whichever is higher," to language referencing the federal
minimum wage in Minnesota Statutes, sections 550.136, 550.143, 551.05, 551.06, 571.72,
571.75, and 571.912.
new text end