HF 2288

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; modifying conciliation court 
  1.3             debtor disclosures; amending Minnesota Statutes 2002, 
  1.4             section 491A.02, subdivision 9. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 491A.02, 
  1.7   subdivision 9, is amended to read: 
  1.8      Subd. 9.  [JUDGMENT DEBTOR DISCLOSURE.] Notwithstanding any 
  1.9   contrary provision in rule 518 of the Conciliation Court Rules, 
  1.10  unless the parties have otherwise agreed, if a conciliation 
  1.11  court judgment or a judgment of district court on removal from 
  1.12  conciliation court has been docketed in district court for at 
  1.13  least 30 days, and the judgment is not satisfied, the district 
  1.14  court in the county in which the judgment originated shall, upon 
  1.15  request of the judgment creditor, order the judgment debtor to 
  1.16  mail to the judgment creditor information as to the nature, 
  1.17  amount, identity, and locations of all the debtor's assets, 
  1.18  liabilities, and personal earning.  The information must be 
  1.19  provided on a form prescribed by the Supreme Court, and the 
  1.20  information shall be sufficiently detailed to enable the 
  1.21  judgment creditor to obtain satisfaction of the judgment by way 
  1.22  of execution on nonexempt assets and earnings of the judgment 
  1.23  debtor.  The order must contain a notice that failure to 
  1.24  complete the form and mail it to the judgment creditor within 
  1.25  ten days after service of the order may result in a citation for 
  2.1   civil contempt of court.  Cash bail posted as a result of being 
  2.2   cited for civil contempt of court order under this section may 
  2.3   be ordered payable to the creditor to satisfy the judgment, 
  2.4   either partially or fully.