1.1 	A bill for an act
1.2 	relating to creditor remedies; modifying garnishment instructions, forms, 
1.3 	procedures, and exemptions;amending Minnesota Statutes 2008, sections 
1.4 	550.143; 550.37, subdivision 14; 551.05; 571.71; 571.72, by adding a 
1.5 	subdivision; 571.913; 571.914; 571.925.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 550.143, is amended to read:
1.8 	550.143 LEVY ON FUNDS AT A FINANCIAL INSTITUTION.
1.9 		Subdivision 1.Procedure. When the sheriff is levying upon funds at a financial 
1.10 	institution, this section must be complied with, in addition to the general provisions set 
1.11 	forth in section 550.135.
1.12 		Subd. 2.Disclosure form. Along with the writ of execution and the exemption 
1.13 	notice described in subdivision 3, the sheriff shall serve upon the financial institution an 
1.14 	execution disclosure form which must be substantially in the following form:

1.15	STATE OF MINNESOTA
		DISTRICT COURT
	
1.16	COUNTY OF 
........		........JUDICIAL DISTRICT
	
1.17	........(Judgment Creditor)
			
1.18	against
		FINANCIAL INSTITUTIONS
	
1.19	........(Judgment Debtor)
		EXECUTION 
	
1.20	and
		DISCLOSURE
	
1.21	........(Third Party)
			
1.22 	On the ..... day of ............., ......., the time of service of execution herein, there was 
1.23 	due and owing the judgment debtor from the third party the following:
1.24 	(1) Money. Enter on the line below any amounts due and owing the judgment debtor, 
1.25 	except earnings, from the third party.
........2.1 	
2.2 	(2) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim 
2.3 	which the third party claims against the amount set forth on line (1). State the facts by 
2.4 	which such setoff, defense, lien, or claim is claimed. (Any indebtedness to a third party 
2.5 	incurred by the judgment debtor within ten days prior to the receipt of the first execution 
2.6 	levy on a debt is void as to the judgment creditor.)
........2.7 	
2.8 	(3) Exemption. Enter on the line below any amounts or property claimed by the 
2.9 	judgment debtor to be exempt from execution.
........2.10 	
2.11 	(4) Adverse Interest. Enter on the line below any amounts claimed by other persons 
2.12 	by reason of ownership or interest in the judgment debtor's property.
........2.13 	
2.14 	(5) Enter on the line below the total of lines (2), (3), and (4).
........2.15 	
2.16 	(6) Enter on the line below the difference obtained (never less than zero) when line 
2.17 	(5) is subtracted from the amount on line (1).
........2.18 	
2.19 	(7) Enter on the line below 110 percent of the amount of the judgment creditor's 
2.20 	claim which remains unpaid.
........2.21 	
2.22 	(8) Enter on the line below the lesser of line (6) and line (7). You are hereby 
2.23 	instructed to remit this amount only if it is $10 or more.
........2.24 	
2.25 	AFFIRMATION
2.26 	I, ....................... (person signing Affirmation), am the third party or I am authorized 
2.27 	by the third party to complete this nonearnings disclosure, and have done so truthfully 
2.28 	and to the best of my knowledge.

2.29	Dated: 
........		........
	
2.30			Signature
	
2.31			........
	
2.32			Title
	
2.33			........
	
2.34			Telephone Number
	
3.1 		Subd. 3.Exemption notice. If the levy is on funds of a judgment debtor who is a 
3.2 	natural person and if the funds to be levied are held on deposit at any financial institution, 
3.3 	the judgment creditor or its attorney shall provide the sheriff with two copies of an 
3.4 	exemption notice, which must be substantially in the form set forth below. The sheriff 
3.5 	shall serve both copies of the exemption notice on the financial institution, along with the 
3.6 	writ of execution. Failure of the sheriff to serve the exemption notices renders the levy 
3.7 	void, and the financial institution shall take no action. However, if this subdivision is 
3.8 	being used to execute on funds that have previously been garnished in compliance with 
3.9 	section 571.71, the judgment creditor is not required to serve additional exemption notices. 
3.10 	In that event, the execution levy shall only be effective as to the funds that were subject 
3.11 	to the prior garnishment. Upon receipt of the writ of execution and exemption notices, 
3.12 	the financial institution shall retain as much of the amount due under section 550.04 as 
3.13 	the financial institution has on deposit owing to the judgment debtor, but not more than 
3.14 	110 percent of the amount remaining due on the judgment.

3.15	STATE OF MINNESOTA
			DISTRICT COURT
	
3.16	COUNTY OF 
........			........JUDICIAL DISTRICT
	
3.17
3.18	........
	(Judgment 
Creditor)
				
3.19	........
	(Judgment Debtor)
				
3.20	TO: Debtor
				EXEMPTION NOTICE
	
3.21 	An order for attachment, garnishment summons, or levy of execution (strike 
3.22 	inapplicable language) has been served on ............. (Bank or other financial institution 
3.23 	where you have an account.)
3.24 	Your account balance is $........
3.25 	The amount being held is $........
3.26 	However, all or a portion of the funds in your account will normally be exempt from 
3.27 	creditors' claims if they are in one of the following categories:
3.28 	(1) relief based on need. This includes the Minnesota Family Investment Program 
3.29 	(MFIP), Emergency Assistance (EA), Work First Program, Medical Assistance (MA), 
3.30 	General Assistance (GA), General Assistance Medical Care (GAMC), Emergency General 
3.31 	Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency Assistance 
3.32 	(MSA-EA), Supplemental Security Income (SSI), and Energy Assistance;
3.33 	(2) Social Security benefits (Old Age, Survivors, or Disability Insurance);
3.34 	(3) unemployment benefits, workers' compensation, or veterans' benefits;
3.35 	(4) an accident, disability, or retirement pension or annuity;
3.36 	(5) life insurance proceeds;
3.37 	(6) the earnings of your minor child and any child support paid to you; or
4.1 	(7) money from a claim for damage or destruction of exempt property (such as 
4.2 	household goods, farm tools, business equipment, a mobile home, or a car).
4.3 	The following funds are also exempt:
4.4 	(8) all earnings of a person in category (1);
4.5 	(9) all earnings of a person who has received relief based on need, or who has been 
4.6 	an inmate of a correctional institution, within the last six months;
4.7 	(10) 75 percent of every debtor's after tax earnings; and
4.8 	(11) all of a judgment debtor's after tax earnings below 40 times the federal 
4.9 	minimum wage.
4.10 	TIME LIMIT ON EXEMPTIONS AFTER DEPOSIT IN BANK:
4.11 	Categories (10) and (11): 20 days
4.12 	Categories (8) and (9): 60 days
4.13 	All others: no time limit, as long as funds are traceable to the exempt source. (In 
4.14 	tracing funds, the first-in, first-out method is used. This means money deposited first 
4.15 	is spent first.) The money being sought by the judgment creditor is being held in your 
4.16 	account to give you a chance to claim an exemption.
4.17 	TO CLAIM AN EXEMPTION:
4.18 	Fill out, sign, and mail or deliver one copy of the attached exemption claim form to 
4.19 	the institution which sent you this notice and mail or deliver one copy to the judgment 
4.20 	creditor's attorney. In the event that there is no attorney for the judgment creditor, then 
4.21 	the notice shall be sent directly to the judgment creditor. The address for the judgment 
4.22 	creditor's attorney or the judgment creditor is set forth below. Both copies must be 
4.23 	mailed or delivered on the same day.
4.24 	NOTE: You may help resolve your claim faster if you send to the creditor's 
4.25 	attorney written proof or documents that show why your money is exempt. If 
4.26 	you have questions regarding the documents to send as proof of an exemption, 
4.27 	call the creditor's attorney. If you do not send written proof and the creditor's 
4.28 	attorney has questions about your exemption claim, the creditor's attorney 
4.29 	may object to your claim which may result in a further delay in releasing your 
4.30 	exempt funds.
4.31 	If the financial institution does not get the exemption claim back from you within 14 
4.32 	days of the date they mailed or gave it to you, they will be free to turn the money over to 
4.33 	the sheriff or the judgment creditor. If you are going to claim an exemption, do so as soon 
4.34 	as possible, because your money may be held until it is decided.
4.35 	IF YOU CLAIM AN EXEMPTION:
4.36 	(1) nonexempt money can be turned over to the judgment creditor or sheriff;
5.1 	(2) the financial institution will keep holding the money claimed to be exempt; and
5.2 	(3) seven days after receiving your exemption claim, the financial institution will 
5.3 	release the money to you unless before then it receives an objection to your exemption 
5.4 	claim.
5.5 	IF THE JUDGMENT CREDITOR OBJECTS TO YOUR EXEMPTION CLAIM:
5.6 	the institution will hold the money until a court decides if your exemption claim is 
5.7 	valid, BUT ONLY IF the institution gets a copy of your court motion papers asserting 
5.8 	the exemption WITHIN TEN DAYS after the objection is personally served on you, or 
5.9 	within 13 days from the date the objection is mailed to you. You may wish to consult an 
5.10 	attorney at once if the creditor objects to your exemption claim.
5.11 	MOTION TO DETERMINE EXEMPTION:
5.12 	At any time after your funds have been held, you may ask for a court decision on the 
5.13 	validity of your exemption claim by filing a request for hearing which may be obtained 
5.14 	at the office of the court administrator of the above court.
5.15 	PENALTIES:
5.16 	If you claim an exemption in bad faith, or if the judgment creditor wrongly objects 
5.17 	to an exemption in bad faith, the court may order the person who acted in bad faith to pay 
5.18 	costs, actual damages, attorney fees, and an additional amount of up to $100.

5.19		........
	
5.20		........
	
5.21		........
	
5.22		........
	
5.23
5.24		Name and address of (Attorney for) Judgment 
Creditor
	
5.25 	EXEMPTION:
5.26 	(a) Amount of exemption claim.
5.27 	/ / I claim ALL the funds being held are exempt.
5.28 	/ / I claim SOME of the funds being held are exempt.

5.29		The exempt amount is $ 
........	
5.30 	(b) Basis for exemption.
5.31 	Of the 11 categories listed above, I am in category number ............ (If more than one 
5.32 	category applies, you may fill in as many as apply.) The source of the exempt funds is 
5.33 	the following:

5.34	........
	
5.35	........
	
5.36	........
	
5.37 	(If the source is a type of relief based on need, list the case number and county:
6.1 	case number: ...............;
6.2 	county: ....................)
6.3 	I hereby authorize any agency that has distributed relief to me or any correctional 
6.4 	institution in which I was an inmate to disclose to the above named creditor or its attorney 
6.5 	only whether or not I am or have been a recipient of relief based on need or an inmate of a 
6.6 	correctional institute within the last six months.
6.7 	I have mailed or delivered a copy of the exemption notice to the judgment creditor 
6.8 	or judgment creditor's attorney if represented at the address indicated above.

6.9			........
	
6.10			DEBTOR
	
6.11	DATED: 
........		........
	
6.12			........
	
6.13			........
	
6.14			DEBTOR ADDRESS
	
6.15			........
	
6.16			DEBTOR TELEPHONE NUMBER

6.17	STATE OF MINNESOTA
			DISTRICT COURT
	
6.18	COUNTY OF 
........			........JUDICIAL DISTRICT
	
6.19	........
	(Creditor)
				
6.20	........
	(Debtor)
				
6.21
6.22	........
	(Financial 
institution)
				
6.23 	IMPORTANT NOTICE
6.24 	YOUR FUNDS HAVE BEEN LEVIED
6.25 	The Creditor has frozen money in your account at your financial institution. The 
6.26 	account is frozen for 14 days from the date of this notice.
6.27 	Some of your money in your account may be protected (the legal word is 
6.28 	exempt).  You may be able to get it sooner than 14 days if you act quickly and follow 
6.29 	the instructions on the next page.
6.30 	The attached form lists some different sources of money in your account that are 
6.31 	protected. If your money is from one or more of these sources, check the box on the 
6.32 	form next to the sources of your money. If it is from one of these sources, the Creditor 
6.33 	cannot take it.
6.34 	BUT, you must follow the instructions and return the exemption form and 
6.35 	copies of your bank statements from the last 60 days to have the bank unfreeze your 
6.36 	money. If you do not follow the instructions or your creditor gets an order from the court 
6.37 	or writ of execution, your financial institution will give the money to the Creditor. If that 
7.1 	happens and it is protected, you can still get it back from the creditor later, but that is not 
7.2 	as easy to do as filling in the form now.
7.3 	See next pages for instructions and the exemption form.
7.4 		Subd. 3a.Form of instructions. The instructions must be substantially in the 
7.5 	following form:
7.6 	INSTRUCTIONS
7.7 	Note: The creditor is who you owe the money to. You are the debtor.
7.8 	1. Fill out the attached exemption form in this packet.
7.9 	If you check one of the boxes, you should also give proof that shows that some 
7.10 	or all of the money in your account is from one or more of the protected sources. 
7.11 	Creditors may ask for a hearing if they question your exemptions. To avoid a hearing:
7.12 	Case numbers should be added to the form. Copies of documents should be 
7.13 	sent with the form.
7.14 	NOTICE: You must send copies of your bank statements for the past 60 days 
7.15 	before the garnishment. If you do not send bank statements with your exemption 
7.16 	claim, the financial institution may release your money to the creditor.
7.17 	2. Sign the exemption form. Make three copies. Keep one for yourself.
7.18 	3. Mail or deliver the other copies of the form by (insert date).
7.19 	BOTH COPIES MUST BE MAILED OR DELIVERED THE SAME DAY.
7.20 	One copy of the form goes to:

7.21	........
	
7.22	(Insert name of creditor or creditor's attorney)
	
7.23	........
	
7.24	(Insert address of creditor or creditor's attorney) 
	
7.25 	One copy goes to:

7.26	........
	
7.27	(Insert name of bank)
	
7.28	........
	
7.29	(Insert address of bank) 
	
7.30 	HOW THE PROCESS WORKS
7.31 	If You Do Not Send in the Exemption Form and Bank Statements:
7.32 	14 days after the date of this letter some or all of your money may be turned over to 
7.33 	the creditor or to the sheriff pursuant to Minnesota statute.
7.34 	If You Send in the Exemption Form and Bank Statements:
7.35 	Any money that is NOT protected can be turned over to the creditor or the sheriff.
7.36 	If the Creditor Does Not Object:
8.1 	The financial institution will unfreeze your money six business days after the 
8.2 	institution gets your completed form.
8.3 	If the Creditor Objects:
8.4 	The money you have said is protected on the form will be held by the bank. The 
8.5 	creditor has six business days to object (disagree) and ask the court to hold a hearing. You 
8.6 	will receive a Notice of Objection and a Notice of Hearing.
8.7 	The financial institution will hold the money until a court decides whether your 
8.8 	money is protected or not.
8.9 	You may want to talk to a lawyer for advice about this process. If you are low 
8.10 	income you can call Legal Aid.
8.11 	PENALTIES:
8.12 	If you claim that your money is protected and a court decides you made that claim 
8.13 	in bad faith, the court can order you to pay costs, actual damages, attorney fees, and an 
8.14 	additional amount of up to $100. For example, it may be bad faith if you claim you receive 
8.15 	government benefits that you do not receive.
8.16 	If the creditor made a bad faith objection to your claim that your money is protected, 
8.17 	the court can order them to pay costs, actual damages, attorney fees, and an additional 
8.18 	amount of up to $100.
8.19 		Subd. 3b.Format of exemption form. The exemption form must be substantially 
8.20 	in the following format:
8.21 	EXEMPTION FORM

8.22	A.
	HOW MUCH MONEY IS PROTECTED
	
8.23	........
	I claim ALL or SOME of the money being frozen by the bank is protected.
	
8.24	........
	The amount I claim is protected is $.......
	
8.25	B.
	WHY THE MONEY IS PROTECTED
	
8.26
8.27		My money is protected because I get it from one or more of the following places: 
(Check all that apply)
	
8.28	........
	Government benefits
	
8.29
8.30
8.31
8.32
8.33
8.34		Government benefits include: MFIP - Minnesota family investment program, 
GA - general assistance, EA - emergency assistance, MA - medical assistance, 
GAMC - general assistance medical care, EGA - emergency general assistance, 
MSA - Minnesota supplemental aid, MSA-EA - MSA emergency assistance, SSI
- Supplemental Security Income, MinnesotaCare, Medicare part B premium 
payments, Medicare part D extra help, energy assistance.
	
8.35	LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
	
8.36	........
	
8.37	LIST THE CASE NUMBER AND COUNTY
	
8.38		Case Number: 
................	
8.39		County: 
................	
8.40	........
	Social Security benefits
	
9.1	........
	Unemployment benefits
	
9.2	........
	Workers' compensation
	
9.3	........
	Veterans' benefits
	
9.4
9.5
9.6		If you receive any of these government benefits, include copies of any 
documents you have that show  you receive Social Security, unemployment, 
workers' compensation, or veterans' benefits.
	
9.7	........
	Other assistance based on need
	
9.8
9.9	You may have assistance based on need from another source that is not on the list. If you 
do, check this box, and fill in the source of your money on the line below:
	
9.10	Source: 
	........
	
9.11	Include copies of any documents you have that show the source of this money.
	
9.12	........
	All of your earnings (wages) because:
	
9.13		You get government benefits (see list of government benefits)
	
9.14		You currently receive other assistance based on need
	
9.15		You have received government benefits in the last six months
	
9.16		You were in jail or prison in the last six months
	
9.17
9.18
9.19
9.20		If you check this box, your wages are only protected for 60 days after they are 
deposited in your account so you MUST send the creditor a copy of BANK 
STATEMENTS that show what was in your account for the 60 days right before 
the bank froze your money.
	
9.21	........
	Some of your earnings (wages)
	
9.22
9.23
9.24		If you did not check the box for all earnings, some of your earnings are still 
protected for 20 days after they were deposited in your account. The amount 
protected is the larger amount of:
	
9.25		75 percent of your wages (after taxes are taken out); or
	
9.26		(insert the sum of the current federal minimum wage) multiplied by 40.
	
9.27
9.28		The money from the following may also be exempt for 20 days after they are 
deposited in your account.
	
9.29	........
	An accident, disability, or retirement pension or annuity
	
9.30	........
	Payments to you from a life insurance policy
	
9.31	........
	Earnings of your child who is under 18 years of age
	
9.32	........
	Child support
	
9.33
9.34
9.35
9.36	........
	Money paid to you from a claim for damage or destruction of property.
Property includes household goods, farm tools or machinery, tools for your job, 
business equipment, a mobile home, a car, a musical instrument, a pew or burial 
lot, clothes, furniture, or appliances.
	
9.37	........
	Death benefits paid to you.
	
9.38 	I give permission to any agency that has given me cash benefits to give information 
9.39 	about my benefits to the above-named creditor, or its attorney. The information will ONLY
9.40 	concern whether I get benefits or not, or whether I have gotten them in the past six months.
9.41 	If I was an inmate in the last six months, I give my permission to the correctional 
9.42 	institution to tell the above-named creditor that I was an inmate there.
9.43 	YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S 
9.44 	ATTORNEY AND THE BANK. FILL IN THE BLANKS BELOW AND GO BACK 
9.45 	TO THE INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.
10.1 	I have mailed or delivered a copy of this form to:

10.2	........
	
10.3	(Insert name of creditor or creditor's attorney)
	
10.4	........
	
10.5	(Insert address of creditor or creditor's attorney) 
	
10.6 	I have also mailed or delivered a copy of this exemption form to my bank at the 
10.7 	address listed in the instructions.

10.8	DATED: 
........	........
	
10.9		DEBTOR
	
10.10		........
	
10.11		DEBTOR ADDRESS
	
10.12		........
	
10.13		DEBTOR TELEPHONE NUMBER
	
10.14 		Subd. 4.Effect of exemption notice. Within two business days after receipt of 
10.15 	the writ of execution and exemption notices, the financial institution shall serve upon 
10.16 	the judgment debtor two copies of the exemption notice. The financial institution shall 
10.17 	serve the notice by first class mail to the last known address of the judgment debtor. If 
10.18 	no claim of exemption is received by the financial institution within 14 days after the 
10.19 	exemption notices are mailed to the judgment debtor, the funds remain subject to the 
10.20 	execution levy and shall be remitted to the sheriff within seven six business days. If the 
10.21 	judgment debtor elects to claim an exemption, the judgment debtor shall complete the 
10.22 	exemption notice, sign it under penalty of perjury, and deliver one copy to the financial 
10.23 	institution and one copy to the attorney for the judgment creditor within 14 days of the 
10.24 	date postmarked on the correspondence mailed to the debtor containing the exemption 
10.25 	notices. The judgment debtor is also required to include copies of bank statements for 
10.26 	the prior 60 days with the exemption notice. In the event that there is no attorney for the 
10.27 	judgment creditor, then the notice must be sent directly to the judgment creditor. Failure 
10.28 	of the judgment debtor to deliver the executed exemption notice or copies of the required 
10.29 	bank statements for the prior 60 days does not constitute a waiver of any claimed right 
10.30 	to an exemption. Upon timely receipt of a claim of exemption, funds not claimed to be 
10.31 	exempt by the debtor remain subject to the execution levy. All money claimed to be 
10.32 	exempt shall be released to the judgment debtor upon the expiration of seven six business
10.33 	days after the date postmarked on the envelope containing the executed exemption 
10.34 	notice mailed to the financial institution, or the date of personal delivery of the executed 
10.35 	exemption notice to the financial institution, unless within that time the judgment creditor 
10.36 	interposes an objection to the exemption.
11.1 		Subd. 5.Objection to exemption claim and request for hearing. An objection 
11.2 	shall be interposed, within six business days of receipt by the creditor of an exemption 
11.3 	claim from the debtor, by mailing or delivering one copy of the written objection Notice of 
11.4 	Objection and Notice of Hearing to the financial institution and one copy of the written 
11.5 	objection Notice of Objection and Notice of Hearing to the judgment debtor along with a 
11.6 	copy of the judgment debtor's claimed exemption form. Both copies of an objection to an 
11.7 	exemption claim shall be mailed or delivered on the same date. The financial institution 
11.8 	may rely on the date of mailing or delivery of a notice to it in computing any time periods 
11.9 	in this section. The written objection Notice of Objection and Notice of Hearing must be 
11.10 	substantially in the form specified in subdivision 7.
11.11 	The court administrator may charge a fee of $1 for the filing of a Notice of Objection 
11.12 	and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, 
11.13 	the court administrator shall schedule the matter for hearing no sooner than five business 
11.14 	days but no later than seven business days from the date of filing. A debtor may request 
11.15 	continuance of the hearing by notifying the creditor and the court. The court shall schedule 
11.16 	the continued hearing within seven days of the original hearing date.
11.17 	An order stating whether the debtor's funds are exempt shall be issued by the court 
11.18 	within three days of the date of the hearing.
11.19 		Subd. 6.Duties of financial institution if objection is made to exemption claim.
 11.20 	Upon receipt of a written objection Notice of Objection and Notice of Hearing from 
11.21 	the judgment creditor or its attorney within the specified seven-day six-day period, the 
11.22 	financial institution shall retain the funds claimed to be exempt. Unless the financial 
11.23 	institution receives a request for hearing and notice of hearing from the judgment debtor 
11.24 	asserting exemption rights within ten days after receipt of a written objection to the 
11.25 	exemption, the funds remain subject to the execution levy as if no claim of exemption had 
11.26 	been made and shall be remitted to the sheriff within seven days. If a request for hearing 
11.27 	and notice of hearing to determine the validity of a claim of exemption is received by the 
11.28 	financial institution within the period provided, it The financial institution shall retain the 
11.29 	funds claimed to be exempt until otherwise ordered by the court, upon mutual agreement 
11.30 	of the parties, or until the garnishment lapses pursuant to section 571.79.
11.31 		Subd. 7.Form of Notice of Objection and Notice of Hearing. (a) The written 
11.32 	objection to the judgment debtor's claim of exemptionWritten Objection and Notice of 
11.33 	Hearing must be in substantially the following form:

11.34	STATE OF MINNESOTA
			DISTRICT COURT
	
11.35	COUNTY OF 
........			........ JUDICIAL DISTRICT
	
11.36
11.37	........
	(Judgment 
Creditor)
			OBJECTION 
TO
	
12.1	........
	(Judgment Debtor)
		EXEMPTION CLAIM
	
12.2
12.3	........
	(Garnishee) (Third 
Party)
			
12.4 	The judgment creditor objects to your claim for exemption from garnishment, 
12.5 	levy of execution, order for attachment (strike inapplicable language) for the following 
12.6 	reason(s): 
................12.7 	
........12.8 	
12.9 	Because of this objection, your financial institution will retain the funds you claimed 
12.10 	to be exempt for an additional ten days. If you wish to request a hearing on your exemption 
12.11 	claim, you need to do so within ten days from the date the objection was personally served 
12.12 	on you, or within 13 days of the date the objection was mailed to you. You may request a 
12.13 	hearing by completing the attached form and filing it with the court administrator.
12.14 	1. The court administrator's office shall provide clerical assistance to help with the 
12.15 	writing and filing of a Request for Hearing by any person not represented by counsel. The 
12.16 	court administrator may charge a fee of $1 for the filing of a Request for Hearing.
12.17 	2. Upon the filing of a Request for Hearing, the court administrator shall schedule 
12.18 	the matter for a hearing no later than five business days from the date of filing. The court 
12.19 	administrator shall forthwith send a completed copy of the request, including the hearing 
12.20 	date, time, and place to the adverse party and to the financial institution by first class mail.
12.21 	3. If it is possible that the financial institution might not receive the request mailed 
12.22 	from the court administrator within ten days, then you may want to personally deliver a 
12.23 	copy of the request to the financial institution after you have filed your request with the 
12.24 	court.
12.25 	4. An order stating whether your funds are exempt shall be issued by the court 
12.26 	within three days of the date of the hearing.
12.27 	If you do not file a Request for Hearing within ten days of the date the objection was 
12.28 	personally served on you, or within 13 days from the date the objection was mailed to you, 
12.29 	your financial institution may turn your funds over to your creditor.
12.30 	If you file a Request for Hearing and your financial institution receives it within ten 
12.31 	days of the date it received this objection, your financial institution will retain your funds 
12.32 	claimed to be exempt until otherwise ordered by the court.

12.33		........
	
12.34		Judgment Creditor or Attorney

12.35	STATE OF MINNESOTA
			DISTRICT COURT
	
12.36	COUNTY OF 
........			........ JUDICIAL DISTRICT
	
13.1	........
					
13.2	(Creditor)
						
13.3
13.4
13.5
13.6					CREDITOR'S NOTICE OF 
OBJECTION AND NOTICE OF 
HEARING ON EXEMPTION 
CLAIM
	
13.7	........
					
13.8	(Debtor)
						
13.9	........
					
13.10	(Financial Institution)
					
13.11				(DEBTOR)
	
13.12				........
	
13.13				ADDRESS
	
13.14				........
	
13.15				........

13.16	........
		
13.17	........
		
13.18	........
		
13.19
13.20	(CREDITOR OR CREDITOR'S 
ATTORNEY)
		
13.21		........
	
13.22
13.23
13.24
13.25		This Notice of Objection and Notice of 
Hearing is made by the creditor objecting 
to your exemption claim. This hearing is to 
resolve your exemption claim.
	
13.26	Hearing Date:
	........
	
13.27	Time:
	........
	
13.28	Hearing Place:
	........
	
13.29 	The creditor objects to your claim of exemption from garnishment, levy of execution, 
13.30 	order for attachment (strike inapplicable language) for the following reason(s):

13.31	........
	
13.32	........
	
13.33	........
	
13.34 	(Note to both parties: Bring with you to the hearing all documents and materials 
13.35 	relevant to the exemption claim. Failure to do so could delay the court's decision.)
13.36 	If the creditor receives all documents and materials relevant to the exemption claim 
13.37 	before the hearing date, the creditor may agree with your exemption claim and you can 
13.38 	avoid a hearing.
13.39 	Because a court hearing will be held on your claim that your funds are protected, 
13.40 	your financial institution will retain the funds until it receives an order from the court.
13.41 		Subd. 8.Request for hearing and notice for hearing. The request for hearing 
13.42 	accompanying the objection notice must be in substantially the following form:

14.1	STATE OF MINNESOTA
			DISTRICT COURT
	
14.2	COUNTY OF 
........			........ JUDICIAL DISTRICT
	
14.3
14.4	........
	(Judgment 
Creditor)
		REQUEST FOR HEARING
	
14.5	........
	(Judgment Debtor)
			AND
	
14.6	........
	(Third Party)
		NOTICE FOR HEARING
	
14.7 	I hereby request a hearing to resolve the exemption claim which has been made 
14.8 	in this case regarding funds in the account of ............. (Judgment Debtor) at the ......... 
14.9 	(Financial Institution).
14.10 	I believe the property being held is exempt because
........14.11 	
........14.12 	

14.13	Dated: 
........			
14.14			(JUDGMENT DEBTOR)
	
14.15			........
	
14.16			(ADDRESS)
	
14.17			........
	
14.18			(DEBTOR PHONE NUMBER)
	
14.19			........

14.20	HEARING DATE: 
........		TIME: 
........	
14.21	HEARING PLACE: 
........			
14.22 	(Note to both parties: Bring with you to the hearing all documents and materials 
14.23 	relevant to the exemption claim and objection. Failure to do so could delay the court's 
14.24 	decision.)
14.25 		Subd. 9.Release of funds. At any time during the procedure specified in this 
14.26 	section, the judgment debtor or the judgment creditor may, by a writing dated after the 
14.27 	service of the execution, direct the sheriff to release the funds in question to the other 
14.28 	party. Upon receipt of a release, the sheriff shall release the funds as directed.
14.29 		Subd. 10.Subsequent proceedings; bad faith claims. If in subsequent proceedings 
14.30 	brought by the judgment debtor or the judgment creditor, the claim of exemption is 
14.31 	not upheld, and the court finds that it was asserted in bad faith, the judgment creditor 
14.32 	shall be awarded actual damages, costs, and reasonable attorney fees resulting from the 
14.33 	additional proceedings, and an amount not to exceed $100. It is not considered bad faith 
14.34 	for a judgment creditor to object to an improperly completed or incomplete exemption 
14.35 	claim. If the claim of exemption is upheld, and the court finds that the judgment creditor 
14.36 	disregarded the claim of exemption in bad faith, the judgment debtor shall be awarded 
14.37 	costs, reasonable attorney fees, actual damages, and an amount not to exceed $100. The 
15.1 	underlying judgment must be modified to reflect assessment of damages, costs, and 
15.2 	attorney fees. However, if the party in whose favor a penalty assessment is made is not 
15.3 	actually indebted to the party's attorney for fees, the attorney's fee award shall be made 
15.4 	directly to the attorney and, if not paid, an appropriate judgment in favor of the attorney 
15.5 	shall be entered. Upon motion of any party in interest, on notice, the court shall determine 
15.6 	the validity of any claim of exemption, and may make any order necessary to protect the 
15.7 	rights of those interested. No financial institution is liable for damages for complying with 
15.8 	this section. Both copies of an exemption claim or an objection to an exemption claim 
15.9 	must be mailed or delivered on the same date. The financial institution may rely on the 
15.10 	date of mailing or delivery of a notice to it in computing any time periods in this section.

15.11 	Sec. 2. Minnesota Statutes 2008, section 550.37, subdivision 14, is amended to read:
15.12 		Subd. 14.Public assistance. All relief government assistance based on need, 
15.13 	and the earnings or salary of a person who is a recipient of relief government assistance
15.14 	based on need, shall be exempt from all claims of creditors including any contractual 
15.15 	setoff or security interest asserted by a financial institution. For the purposes of this 
15.16 	chapter, relief government assistance based on need includes MFIP, work first, general 
15.17 	assistance medical care, supplemental security income, medical assistance, Minnesota 
15.18 	supplemental assistance, and general assistance but is not limited to Minnesota family 
15.19 	investment program, general assistance medical care, Supplemental Security Income, 
15.20 	medical assistance, MinnesotaCare, payment of Medicare part B premiums or receipt of 
15.21 	part D extra help, diversionary work program, work participation cash benefit, Minnesota 
15.22 	supplemental assistance, emergency Minnesota supplemental assistance, and general 
15.23 	assistance, emergency general assistance, emergency assistance or county crisis funds, 
15.24 	fuel assistance, and food support. The salary or earnings of any debtor who is or has been 
15.25 	an eligible recipient of relief government assistance based on need, or an inmate of a 
15.26 	correctional institution shall, upon the debtor's return to private employment or farming 
15.27 	after having been an eligible recipient of relief government assistance based on need, or an 
15.28 	inmate of a correctional institution, be exempt from attachment, garnishment, or levy of 
15.29 	execution for a period of six months after the debtor's return to employment or farming 
15.30 	and after all public assistance for which eligibility existed has been terminated. The 
15.31 	exemption provisions contained in this subdivision also apply for 60 days after deposit 
15.32 	in any financial institution, whether in a single or joint account. In tracing the funds, the 
15.33 	first-in first-out method of accounting shall be used. The burden of establishing that funds 
15.34 	are exempt rests upon the debtor. Agencies distributing relief government assistance and 
15.35 	the correctional institutions shall, at the request of creditors, inform them whether or not 
16.1 	any debtor has been an eligible recipient of relief government assistance based on need, or 
16.2 	an inmate of a correctional institution, within the preceding six months.

16.3 	Sec. 3. Minnesota Statutes 2008, section 551.05, is amended to read:
16.4 	551.05 ATTORNEY'S SUMMARY EXECUTION UPON FUNDS AT A 
16.5 	FINANCIAL INSTITUTION.
16.6 		Subdivision 1.Procedure. When levying upon funds at a financial institution, 
16.7 	this section must be complied with, in addition to the general provisions specified in 
16.8 	section 551.04.
16.9 		Subd. 1a.Exemption notice. If the writ of execution is being used by the attorney 
16.10 	to levy funds of a judgment debtor who is a natural person and if the funds to be levied are 
16.11 	held on deposit at any financial institution, the attorney for the judgment creditor shall 
16.12 	serve with the writ of execution two copies of an exemption notice. The notice must be 
16.13 	substantially in the form set forth below. Failure of the attorney for the judgment creditor 
16.14 	to send the exemption notice renders the execution levy void, and the financial institution 
16.15 	shall take no action. However, if this subdivision is being used to execute on funds that 
16.16 	have previously been garnished in compliance with section 571.71, the attorney for 
16.17 	judgment creditor is not required to serve an additional exemption notice. In that event, 
16.18 	the execution levy shall only be effective as to the funds that were subject to the prior 
16.19 	garnishment. Upon receipt of the writ of execution and exemption notices, the financial 
16.20 	institution shall retain as much of the amount due under section 550.04 as the financial 
16.21 	institution has on deposit owing to the judgment debtor, but not more than 100 percent of 
16.22 	the amount remaining due on the judgment, or $10,000, whichever is less.
16.23 	The notice informing a judgment debtor that an execution levy has been used 
16.24 	to attach funds of the judgment debtor to satisfy a claim must be substantially in the 
16.25 	following form:

16.26	STATE OF MINNESOTA
			DISTRICT COURT
	
16.27	County of 
........			........ JUDICIAL DISTRICT
	
16.28
16.29	........
	(Judgment 
Creditor)
				
16.30	........
	(Judgment Debtor)
			
16.31	TO: Judgment Debtor
			EXEMPTION NOTICE
	
16.32 	An order for attachment, garnishment summons, or levy of execution (strike 
16.33 	inapplicable language) has been served on ............. (bank or other financial institution 
16.34 	where you have an account).
16.35 	Your account balance is $........
16.36 	The amount being held is $........
17.1 	However, all or a portion of the funds in your account will normally be exempt from 
17.2 	creditors' claims if they are in one of the following categories:
17.3 	(1) relief based on need. This includes the Minnesota Family Investment Program 
17.4 	(MFIP), Work First Program, Medical Assistance (MA), General Assistance (GA), 
17.5 	General Assistance Medical Care (GAMC), Emergency General Assistance (EGA), 
17.6 	Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), 
17.7 	Supplemental Security Income (SSI), and Energy Assistance;
17.8 	(2) Social Security benefits (Old Age, Survivors, or Disability Insurance);
17.9 	(3) unemployment benefits, workers' compensation, or veterans' benefits;
17.10 	(4) an accident, disability, or retirement pension or annuity;
17.11 	(5) life insurance proceeds;
17.12 	(6) the earnings of your minor child and any child support paid to you; or
17.13 	(7) money from a claim for damage or destruction of exempt property (such as 
17.14 	household goods, farm tools, business equipment, a mobile home, or a car).
17.15 	The following funds are also exempt:
17.16 	(8) all earnings of a person in category (1);
17.17 	(9) all earnings of a person who has received relief based on need, or who has been 
17.18 	an inmate of a correctional institution, within the last six months;
17.19 	(10) 75 percent of every judgment debtor's after tax earnings; or
17.20 	(11) all of a judgment debtor's after tax earnings below 40 times the federal 
17.21 	minimum wage.
17.22 	TIME LIMIT ON EXEMPTIONS AFTER DEPOSIT IN BANK:
17.23 	Categories (10) and (11): 20 days
17.24 	Categories (8) and (9): 60 days
17.25 	All others: no time limit, as long as funds are traceable to the exempt source. (In 
17.26 	tracing funds, the first-in, first-out method is used. This means money deposited first 
17.27 	is spent first.) The money being sought by the judgment creditor is being held in your 
17.28 	account to give you a chance to claim an exemption.
17.29 	TO CLAIM AN EXEMPTION:
17.30 	Fill out, sign, and mail or deliver one copy of the attached exemption claim form to 
17.31 	the institution which sent you this notice and mail or deliver one copy to the judgment 
17.32 	creditor's attorney. The address for the judgment creditor's attorney is set forth below. 
17.33 	Both copies must be mailed ordelivered on the same day.
17.34 	NOTE: You may help resolve your claim faster if you sendto the creditor's 
17.35 	attorney written proof or documents thatshow why your money is exempt. If 
17.36 	you have questionsregarding the documents to send as proof of an exemption,
18.1 	call the creditor's attorney. If you do not send writtenproof and the creditor's 
18.2 	attorney has questions about yourexemption claim, the creditor's attorney 
18.3 	may object to yourclaim which may result in a further delay in releasing your
18.4 	exempt funds.
18.5 	If they do not get the exemption claim back from you within 14 days of the date 
18.6 	they mailed or gave it to you, they will be free to turn the money over to the attorney for 
18.7 	the judgment creditor. If you are going to claim an exemption, do so as soon as possible, 
18.8 	because your money may be held until it is decided.
18.9 	IF YOU CLAIM AN EXEMPTION:
18.10 	(1) nonexempt money can be turned over to the judgment creditor or sheriff;
18.11 	(2) the financial institution will keep holding the money claimed to be exempt; and
18.12 	(3) seven days after receiving your exemption claim, the financial institution will 
18.13 	release the money to you unless before then it receives an objection to your exemption 
18.14 	claim.
18.15 	IF THE JUDGMENT CREDITOR OBJECTS TO YOUR EXEMPTION CLAIM:
18.16 	the institution will hold the money until a court decides if your exemption claim is 
18.17 	valid, BUT ONLY IF the institution gets a copy of your court motion papers asserting the 
18.18 	exemption WITHIN TEN DAYS after the objection is personally served on you, or within 
18.19 	13 days from the date the objection is mailed to you. You may wish to consult an attorney 
18.20 	at once if the judgment creditor objects to your exemption claim.
18.21 	MOTION TO DETERMINE EXEMPTION:
18.22 	At any time after your funds have been held, you may ask for a court decision on the 
18.23 	validity of your exemption claim by filing a request for hearing which may be obtained 
18.24 	at the office of the court administrator of the above court.
18.25 	PENALTIES:
18.26 	If you claim an exemption in bad faith, or if the judgment creditor wrongly objects 
18.27 	to an exemption in bad faith, the court may order the person who acted in bad faith to pay 
18.28 	costs, actual damages, attorney fees, and an additional amount of up to $100.

18.29		........
	
18.30		........
	
18.31		........
	
18.32		........
	
18.33
18.34		Name and address of (Attorney for) 
Judgment Creditor
	
18.35 	EXEMPTION:
18.36 	(a) Amount of exemption claim.
18.37 	/ / I claim ALL the funds being held are exempt.
19.1 	/ / I claim SOME of the funds being held are exempt.

19.2		The exempt amount is $
........	
19.3 	(b) Basis for exemption.
19.4 	Of the 11 categories listed above, I am in category number ............ (If more than one 
19.5 	category applies, you may fill in as many as apply.) The source of the exempt funds is 
19.6 	the following:
........19.7 	
........19.8 	
........19.9 	
19.10 	(If the source is a type of relief based on need, list the case number and county:
19.11 	case number: ...............;
19.12 	county: ....................)
19.13 	I hereby authorize any agency that has distributed relief to me or any correctional 
19.14 	institution in which I was an inmate to disclose to the above named judgment creditor's 
19.15 	attorney only whether or not I am or have been a recipient of relief based on need or an 
19.16 	inmate of a correctional institute within the last six months.
19.17 	I have mailed or delivered a copy of the exemption notice to the judgment creditor's 
19.18 	attorney at the address indicated above.

19.19			........
	
19.20			DEBTOR
	
19.21	DATED: 
........		........
	
19.22			........
	
19.23			........
	
19.24			DEBTOR ADDRESS
	
19.25			........
	
19.26			DEBTOR TELEPHONE NUMBER

19.27	STATE OF MINNESOTA
			DISTRICT COURT
	
19.28	COUNTY OF 
........			........JUDICIAL DISTRICT
	
19.29	........
	(Creditor)
				
19.30	........
	(Debtor)
				
19.31
19.32	........
	(Financial 
institution)
				
19.33 	IMPORTANT NOTICE
19.34 	YOUR FUNDS HAVE BEEN LEVIED
19.35 	The Creditor has frozen money in your account at your financial institution. The 
19.36 	account is frozen for 14 days from the date of this notice.
20.1 	Some of your money in your account may be protected (the legal word is 
20.2 	exempt). You may be able to get it sooner than 14 days if you act quickly and follow 
20.3 	the instructions on the next page.
20.4 	The attached form lists some different sources of money in your account that are 
20.5 	protected. If your money is from one or more of these sources, check the box on the 
20.6 	form next to the sources of your money. If it is from one of these sources, the Creditor 
20.7 	cannot take it.
20.8 	BUT, you must follow the instructions and return the exemption form and 
20.9 	copies of your bank statements from the last 60 days to have the bank unfreeze your 
20.10 	money. If you do not follow the instructions or your creditor gets an order from the court 
20.11 	or writ of execution, your financial institution will give the money to the Creditor. If that 
20.12 	happens and it is protected, you can still get it back from the creditor later, but that is not 
20.13 	as easy to do as filling in the form now.
20.14 	See next pages for instructions and the exemption form.
20.15 		Subd. 1a.Form of instructions. The instructions must be substantially in the 
20.16 	following form:
20.17 	INSTRUCTIONS
20.18 	Note: The creditor is who you owe the money to. You are the debtor.
20.19 	1. Fill out the attached exemption form in this packet.
20.20 	If you check one of the boxes, you should also give proof that shows that some 
20.21 	or all of the money in your account is from one or more of the protected sources. 
20.22 	Creditors may ask for a hearing if they question your exemptions. To avoid a hearing:
20.23 	Case numbers should be added to the form. Copies of documents should be 
20.24 	sent with the form.
20.25 	NOTICE: You must send copies of your bank statements for the past 60 days 
20.26 	before the garnishment. If you do not send bank statements with your exemption 
20.27 	claim, the financial institution may release your money to the creditor.
20.28 	2. Sign the exemption form. Make three copies. Keep one for yourself.
20.29 	3. Mail or deliver the other copies of the form by (insert date).
20.30 	BOTH COPIES MUST BE MAILED OR DELIVERED THE SAME DAY.
20.31 	One copy of the form goes to:

20.32	........
	
20.33	(Insert name of creditor or creditor's attorney)
	
20.34	........
	
20.35	(Insert address of creditor or creditor's attorney) 
	
20.36 	One copy goes to:

21.1	........
	
21.2	(Insert name of bank)
	
21.3	........
	
21.4	(Insert address of bank) 
	
21.5 	HOW THE PROCESS WORKS
21.6 	If You Do Not Send in the Exemption Form and Bank Statements:
21.7 	14 days after the date of this letter some or all of your money may be turned over to 
21.8 	the creditor or to the sheriff pursuant to Minnesota statute.
21.9 	If You Send in the Exemption Form and Bank Statements:
21.10 	Any money that is NOT protected can be turned over to the creditor or the sheriff.
21.11 	If the Creditor Does Not Object:
21.12 	The financial institution will unfreeze your money six business days after they 
21.13 	get your completed form.
21.14 	If the Creditor Objects:
21.15 	The money you have said is protected on the form will be held by the bank. The 
21.16 	creditor has six business days to object (disagree) and ask the court to hold a hearing. You 
21.17 	will receive a Notice of Objection and a Notice of Hearing.
21.18 	The financial institution will hold the money until a court decides whether your 
21.19 	money is protected or not.
21.20 	You may want to talk to a lawyer for advice about this process. If you are low 
21.21 	income you can call Legal Aid.
21.22 	PENALTIES:
21.23 	If you claim that your money is protected and a court decides you made that claim 
21.24 	in bad faith, the court can order you to pay costs, actual damages, attorney fees, and an 
21.25 	additional amount of up to $100. For example, it may be bad faith if you claim you receive 
21.26 	government benefits that you do not receive.
21.27 	If the creditor made a bad faith objection to your claim that your money is protected, 
21.28 	the court can order them to pay costs, actual damages, attorney fees, and an additional 
21.29 	amount of up to $100.
21.30 		Subd. 1b.Format of exemption form. The exemption form must be substantially 
21.31 	in the following format:
21.32 	EXEMPTION FORM

21.33	A.
	HOW MUCH MONEY IS PROTECTED
	
21.34	........
	I claim ALL or SOME of the money being frozen by the bank is protected.
	
21.35	........
	The amount I claim is protected is $.......
	
21.36	B.
	WHY THE MONEY IS PROTECTED
	
22.1
22.2		My money is protected because I get it from one or more of the following places: 
(Check all that apply)
	
22.3	........
	Government benefits
	
22.4
22.5
22.6
22.7
22.8
22.9		Government benefits include: MFIP - Minnesota family investment program, 
GA - general assistance, EA - emergency assistance, MA - medical assistance, 
GAMC - general assistance medical care, EGA - emergency general assistance, 
MSA - Minnesota supplemental aid, MSA-EA - MSA emergency assistance, SSI
- Supplemental Security Income, MinnesotaCare, Medicare part B premium 
payments, Medicare part D extra help, energy assistance.
	
22.10	LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
	
22.11	........
	
22.12	LIST THE CASE NUMBER AND COUNTY
	
22.13		Case Number: 
........	
22.14		County: 
........	
22.15	........
	Social Security benefits
	
22.16	........
	Unemployment benefits
	
22.17	........
	Workers' compensation
	
22.18	........
	Veterans' benefits
	
22.19
22.20
22.21		If you receive any of these government benefits, include copies of any 
documents you have that show you receive Social Security, unemployment, 
workers' compensation, or veterans' benefits.
	
22.22	........
	Other assistance based on need
	
22.23
22.24	You may have assistance based on need from another source that is not on the list.  If you 
do, check this box, and fill in the source of your money on the line below:
	
22.25	Source: 
	........
	
22.26	Include copies of any documents you have that show the source of this money.
	
22.27	........
	All of your earnings (wages) because:
	
22.28		You get government benefits (see list of government benefits) 
	
22.29		You currently receive other assistance based on need
	
22.30		You have received government benefits in the last six months
	
22.31		You were in jail or prison in the last six months	
	
22.32
22.33
22.34
22.35		If you check this box, your wages are only protected for 60 days after they are 
deposited in your account so you MUST send the creditor a copy of BANK 
STATEMENTS that show what was in your account for the 60 days right before 
the bank froze your money.
	
22.36	........
	Some of your earnings (wages)
	
22.37
22.38
22.39		If you did not check the box for all earnings, some of your earnings are still 
protected for 20 days after they were deposited in your account. The amount 
protected is the larger amount of:
	
22.40		75 percent of your wages (after taxes are taken out); or
	
22.41		(insert the sum of the current federal minimum wage) multiplied by 40.
	
22.42
22.43		The money from the following may also be exempt for 20 days after they are 
deposited in your account.
	
22.44	........
	An accident, disability, or retirement pension or annuity
	
22.45	........
	Payments to you from a life insurance policy
	
22.46	........
	Earnings of your child who is under 18 years of age
	
22.47	........
	Child support
	
23.1
23.2
23.3
23.4	........
	Money paid to you from a claim for damage or destruction of property.
Property includes household goods, farm tools or machinery, tools for your job, 
business equipment, a mobile home, a car, a musical instrument, a pew or burial 
lot, clothes, furniture, or appliances.
	
23.5	........
	Death benefits paid to you. 
	
23.6 	I give permission to any agency that has given me cash benefits to give information 
23.7 	about my benefits to the above-named creditor, or its attorney. The information will ONLY
23.8 	concern whether I get benefits or not, or whether I have gotten them in the past six months.
23.9 	If I was an inmate in the last six months, I give my permission to the correctional 
23.10 	institution to tell the above-named creditor that I was an inmate there.
23.11 	YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S 
23.12 	ATTORNEY AND THE BANK. FILL IN THE BLANKS BELOW AND GO BACK 
23.13 	TO THE INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.
23.14 	I have mailed or delivered a copy of this form to:

23.15	........
	
23.16	(Insert name of creditor or creditor's attorney)
	
23.17	........
	
23.18	(Insert address of creditor or creditor's attorney) 
	
23.19 	I have also mailed or delivered a copy of this exemption form to my bank at the 
23.20 	address listed in the instructions.

23.21	DATED: 
........	........
	
23.22		DEBTOR
	
23.23		........
	
23.24		DEBTOR ADDRESS
	
23.25		........
	
23.26		DEBTOR TELEPHONE NUMBER
	
23.27 		Subd. 2.Effect of exemption notice. Within two business days after receipt of 
23.28 	the execution levy and exemption notices, the financial institution shall serve upon the 
23.29 	judgment debtor two copies of the exemption notice. The financial institution shall serve 
23.30 	the notice by first class mail to the last known address of the judgment debtor. If no claim 
23.31 	of exemption is received by the financial institution within 14 days after the exemption 
23.32 	notices are mailed to the judgment debtor, the funds remain subject to the execution levy 
23.33 	and shall be remitted to the judgment creditor's attorney within seven six business days. If 
23.34 	the judgment debtor elects to claim an exemption, the judgment debtor shall complete the 
23.35 	exemption notice, sign it under penalty of perjury, and deliver one copy to the financial 
23.36 	institution and one copy to the attorney for the judgment creditor within 14 days of the 
23.37 	date postmarked on the correspondence mailed to the judgment debtor containing the 
23.38 	exemption notices. The debtor is also required to include copies of bank statements for 
24.1 	the prior 60 days with the exemption notice. In the event that there is no attorney for the 
24.2 	judgment creditor, the notice must be sent directly to the judgment creditor. Failure of the 
24.3 	judgment debtor to deliver the executed exemption notice or copies of the required bank 
24.4 	statements for the prior 60 days does not constitute a waiver of any claimed right to an 
24.5 	exemption. Upon timely receipt of a claim of exemption, funds not claimed to be exempt 
24.6 	by the judgment debtor remain subject to the execution levy. All money claimed to be 
24.7 	exempt shall be released to the judgment debtor upon the expiration of seven six business
24.8 	days after the date postmarked on the envelope containing the executed exemption 
24.9 	notice mailed to the financial institution, or the date of personal delivery of the executed 
24.10 	exemption notice to the financial institution, unless within that time the attorney for the 
24.11 	judgment creditor interposes an objection to the exemption.
24.12 		Subd. 3.Objection to exemption claim Objections and request for hearing.
 24.13 	An objection shall be interposed, within six business days of receipt by the creditor of 
24.14 	an exemption claim from the debtor, by mailing or delivering one copy of the written 
24.15 	objection Notice of Objection and Notice of Hearing to the financial institution and one 
24.16 	copy of the written objection Notice of Objection and Notice of Hearing to the judgment
24.17 	debtor along with a copy of the judgment debtor's claimed exemption form. Both copies 
24.18 	of an objection to an exemption claim shall be mailed or delivered on the same date. 
24.19 	The financial institution may rely on the date of mailing or delivery of a notice to it in 
24.20 	computing any time periods in this section. The written objection Notice of Objection and 
24.21 	Notice of Hearing forms must be substantially in the form specified set out in subdivision 5.
24.22 	The court administrator may charge a fee of $1 for the filing of a Notice of Objection 
24.23 	and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, 
24.24 	the court administrator shall schedule the matter for hearing no sooner than five business 
24.25 	days but no later than seven business days from the date of filing. A debtor may request 
24.26 	continuance of the hearing by notifying the creditor and the court. The court shall schedule 
24.27 	the continued hearing within seven days of the original hearing date.
24.28 	An order stating whether the debtor's funds are exempt shall be issued by the court 
24.29 	within three days of the date of the hearing.
24.30 		Subd. 4.Duties of financial institution if objection is made to exemption claim.
 24.31 	Upon receipt of a written objection Notice of Objection and Notice of Hearing from the 
24.32 	judgment creditor within the specified seven-day six-day period, the financial institution 
24.33 	shall retain the funds claimed to be exempt. Unless the financial institution receives a 
24.34 	request for hearing and notice of hearing from the judgment debtor asserting exemption 
24.35 	rights within ten days after receipt of a written objection to the exemption, the funds 
24.36 	remain subject to the execution levy as if no claim of exemption had been made and shall 
25.1 	be remitted to the judgment creditor's attorney within seven days. If a request for hearing 
25.2 	and notice of hearing to determine the validity of a claim of exemption is received by the 
25.3 	financial institution within the period provided, it shall retain the funds claimed to be 
25.4 	exempt until otherwise ordered by the court. The financial institution shall retain the funds 
25.5 	claimed to be exempt until otherwise ordered by the court, upon mutual agreement of the 
25.6 	parties, or until the garnishment lapses pursuant to section 571.79.
25.7 		Subd. 5.Form of Notice of Objection and Notice of Hearing. (a) The written 
25.8 	objection to the judgment debtor's claim of exemption must be in substantially the 
25.9 	following form:

25.10	STATE OF MINNESOTA
			DISTRICT COURT
	
25.11	County of 
........			........ JUDICIAL DISTRICT
	
25.12
25.13	........
	(Judgment 
Creditor)
		OBJECTION TO
	
25.14	........
	(Judgment Debtor)
		EXEMPTION CLAIM
	
25.15
25.16	........
	(Garnishee) (Third 
Party)
		
25.17 	The judgment creditor objects to your claim for exemption from garnishment, levy of 
25.18 	execution, order for attachment (strike inapplicable language) for the following reason(s):
........25.19 	
........25.20 	
........25.21 	
25.22 	Because of this objection, your financial institution will retain the funds you claimed 
25.23 	to be exempt for an additional ten days. If you wish to request a hearing on your exemption 
25.24 	claim, you need to do so within ten days from the date the objection was personally served 
25.25 	on you, or within 13 days from the date the objection was mailed to you. You may request 
25.26 	a hearing by completing the attached form and filing it with the court administrator.
25.27 	1. The court administrator's office shall provide clerical assistance to help with the 
25.28 	writing and filing of a Request for Hearing by any person not represented by counsel. The 
25.29 	court administrator may charge a fee of $1 for the filing of a Request for Hearing.
25.30 	2. Upon the filing of a Request for Hearing, the court administrator shall schedule 
25.31 	the matter for a hearing no later than five business days from the date of filing. The court 
25.32 	administrator shall forthwith send a completed copy of the request, including the hearing 
25.33 	date, time, and place to the adverse party and to the financial institution by first class mail.
25.34 	3. If it is possible that the financial institution might not receive the request mailed 
25.35 	from the court administrator within ten days, then you may want to personally deliver a 
25.36 	copy of the request to the financial institution after you have filed your request with the 
25.37 	court.
26.1 	4. An order stating whether your funds are exempt shall be issued by the court 
26.2 	within three days of the date of the hearing.
26.3 	If you do not file a Request for Hearing within ten days of the date the objection was 
26.4 	personally served on you, or within 13 days from the date the objection was mailed to you, 
26.5 	your financial institution may turn your funds over to your judgment creditor.
26.6 	If you file a Request for Hearing and your financial institution receives it within ten 
26.7 	days of the date it received this objection, your financial institution will retain your funds 
26.8 	claimed to be exempt until otherwise ordered by the court.

26.9		........
	
26.10		Attorney for Judgment Creditor
	
26.11 	(a) The Written Objection and Notice of Hearing must be in substantially the 
26.12 	following form:

26.13	STATE OF MINNESOTA
			DISTRICT COURT
	
26.14	COUNTY OF 
........			........ JUDICIAL DISTRICT
	
26.15	........
					
26.16	(Creditor)
						
26.17
26.18
26.19
26.20					CREDITOR'S NOTICE OF 
OBJECTION AND NOTICE OF 
HEARING ON EXEMPTION 
CLAIM
	
26.21	........
					
26.22	(Debtor)
						
26.23	........
					
26.24	(Financial Institution)
					
26.25					(DEBTOR)
	
26.26					........
	
26.27					ADDRESS
	
26.28					........
	
26.29					........

26.30	........
		
26.31	........
		
26.32	........
		
26.33
26.34	(CREDITOR OR CREDITOR'S 
ATTORNEY)
		
26.35		........
	
26.36
26.37
26.38
26.39		This Notice of Objection and Notice of 
Hearing is made by the creditor objecting 
to your exemption claim. This hearing is to 
resolve your exemption claim.
	
26.40	Hearing Date:
	........
	
26.41	Time:
	........
	
26.42	Hearing Place:
	........
	
27.1 	The creditor objects to your claim of exemption from garnishment, levy of execution, 
27.2 	order for attachment (strike inapplicable language) for the following reason(s):

27.3	........
	
27.4	........
	
27.5	........
	
27.6 	(Note to both parties: Bring with you to the hearing all documents and materials 
27.7 	relevant to the exemption claim. Failure to do so could delay the court's decision.)
27.8 	If the creditor receives all documents and materials relevant to the exemption claim 
27.9 	before the hearing date, the creditor may agree with your exemption claim and you can 
27.10 	avoid a hearing.
27.11 	Because a court hearing will be held on your claim that your funds are protected, 
27.12 	your financial institution will retain the funds until it receives an order from the court.
27.13 		Subd. 6.Request for hearing and notice for hearing. The request for hearing 
27.14 	accompanying the objection notice must be in substantially the following form:

27.15	STATE OF MINNESOTA
			DISTRICT COURT
	
27.16	County of 
........			........ JUDICIAL DISTRICT
	
27.17
27.18	........
	(Judgment 
Creditor)
		REQUEST FOR HEARING
	
27.19	........
	(Judgment Debtor)
		AND NOTICE FOR HEARING
	
27.20
27.21	........
	(Garnishee) (Third 
Party)
		
27.22 	I hereby request a hearing to resolve the exemption claim which has been made 
27.23 	in this case regarding funds in the account of ............. (Judgment Debtor) at the ......... 
27.24 	(Financial Institution).
27.25 	I believe the property being held is exempt because
........27.26 	
........27.27 	

27.28	Dated: 
........		........
	
27.29			(JUDGMENT DEBTOR)
	
27.30			........
	
27.31			(ADDRESS)
	
27.32			........
	
27.33	HEARING DATE: 
........	TIME: 
........	
27.34	HEARING PLACE: 
........		
27.35 	(Note to both parties: Bring with you to the hearing all documents and materials 
27.36 	relevant to the exemption claim and objection. Failure to do so could delay the court's 
27.37 	decision.)
28.1 		Subd. 7.Release of funds. At any time during the procedure specified in this 
28.2 	section, the judgment debtor or the attorney for the judgment creditor may, by a writing 
28.3 	dated after the service of the writ of execution, direct the financial institution to release the 
28.4 	funds in question to the other party. Upon receipt of a release, the financial institution 
28.5 	shall release the funds as directed.
28.6 		Subd. 8.Subsequent proceedings; bad faith claims. If in subsequent proceedings 
28.7 	brought by the judgment debtor or the judgment creditor, the claim of exemption is not 
28.8 	upheld, and the court finds that it was asserted in bad faith, the judgment creditor shall be 
28.9 	awarded actual damages, costs, and reasonable attorney fees resulting from the additional 
28.10 	proceedings, and an amount not to exceed $100. If the claim of exemption is upheld, and 
28.11 	the court finds that the judgment creditor disregarded the claim of exemption in bad faith, 
28.12 	the judgment debtor shall be awarded costs, reasonable attorney fees, actual damages, and 
28.13 	an amount not to exceed $100. It is not considered bad faith for a judgment creditor 
28.14 	to object to an improperly completed or incomplete exemption claim. The underlying 
28.15 	judgment must be modified to reflect assessment of damages, costs, and attorney fees. 
28.16 	However, if the party in whose favor a penalty assessment is made is not actually indebted 
28.17 	to the party's attorney for fees, the attorney's fee award shall be made directly to the 
28.18 	attorney and if not paid, an appropriate judgment in favor of the attorney shall be entered. 
28.19 	Upon motion of any party in interest, on notice, the court shall determine the validity of 
28.20 	any claim of exemption, and may make any order necessary to protect the rights of those 
28.21 	interested. No financial institution is liable for damages for complying with this section. 
28.22 	Both copies of an exemption claim or an objection to an exemption claim must be mailed 
28.23 	or delivered on the same date. The financial institution may rely on the date of mailing or 
28.24 	delivery of a notice to it in computing any time periods in this section.

28.25 	Sec. 4. Minnesota Statutes 2008, section 571.71, is amended to read:
28.26 	571.71 GARNISHMENT; WHEN AUTHORIZED.
28.27 	As an ancillary proceeding to a civil action for the recovery of money, a creditor 
28.28 	may issue a garnishment summons as provided in this chapter against any third party in 
28.29 	the following instances:
28.30 	(1) at the time the civil action is commenced or at any time after the commencement 
28.31 	of the civil action, but before the entry of a judgment, if the court orders the issuance of 
28.32 	the garnishment summons pursuant to section 571.93; 
28.33 	(2) at any time 40 45 days or more after service of the summons and complaint 
28.34 	upon the debtor in the civil action when a judgment by default could have, but has not, 
28.35 	been entered pursuant to rule 55.01(a) of the Minnesota Rules of Civil Procedure for 
29.1 	the District Courts. Garnishment under this clause is effective only after the Notice of 
29.2 	Intent to Garnish form and the Exemption form is served on the debtor at any time 20 or 
29.3 	more days after the service of the Summons and Complaint and, in addition, the creditor 
29.4 	does not receive an answer from the debtor within 25 days after service of the Notice of 
29.5 	Intent to Garnish. The Notice of Intent to Garnish form and the Exemption form must be 
29.6 	substantially in the form set forth in section 571.72, subdivision 10. If a creditor sends a 
29.7 	Notice of Intent to Garnish form to a debtor under this clause, the creditor cannot obtain a 
29.8 	default judgment against the debtor under rule 55.01(a) of the Minnesota Rules of Civil 
29.9 	Procedure for the District Court until 25 days after the service of the Notice of Intent to 
29.10 	Garnish form. No filing of a pleading or other documents by the creditor is required to 
29.11 	issue a garnishment summons under this clause; however, the creditor must comply with 
29.12 	the service requirement of section 571.72, subdivision 4; or 
29.13 	(3) at any time after entry of a money judgment in the civil action.

29.14 	Sec. 5. Minnesota Statutes 2008, section 571.72, is amended by adding a subdivision 
29.15 	to read:
29.16 		Subd. 10.Exemption notice for prejudgment garnishment.
 29.17 	EXEMPTION NOTICE
29.18 	IMPORTANT NOTICE: A garnishment summons may be served on your 
29.19 	employer, bank, or other third parties without any further court proceeding or notice 
29.20 	to you. See the attached Notice of Intent to Garnish for more information.
29.21 	The following money and wages may be protected (the legal word is exempt) 
29.22 	from garnishment:
29.23 	1. Financial institutions/bank
29.24 	Some of the money in your account may be protected because you receive 
29.25 	government benefits from one or more of the following places:
29.26 	MFIP- Minnesota family investment program
29.27 	GA- general assistance
29.28 	EA- emergency assistance
29.29 	MA- medical assistance
29.30 	GAMC- general assistance medical care
29.31 	EGA- emergency general assistance
29.32 	MSA- Minnesota supplemental aid
29.33 	MSA-EA â€“ MSA emergency assistance
29.34 	SSI- Supplemental Security Income
29.35 	MinnesotaCare
30.1 	Medicare part B premium payments
30.2 	Medicare part D extra help
30.3 	Energy assistance
30.4 	Social Security benefits
30.5 	Unemployment benefits
30.6 	Workers' compensation
30.7 	Veterans' benefits
30.8 	Sending the undersigned creditor a copy of BANK STATEMENTS that 
30.9 	show what was in your account for the past 60 days may give the creditor enough 
30.10 	information about your exemption claim to avoid a garnishment.
30.11 	2. Earnings
30.12 	Your earnings are completely protected from garnishment because:
30.13 	All of your earnings (wages) because:
30.14 	You get government benefits (see list of government benefits)
30.15 	You currently receive other assistance based on need
30.16 	You have received government benefits in the last six months
30.17 	You were in jail or prison in the last six months
30.18 	Your wages are only protected for 60 days after they are deposited in your account 
30.19 	so it would be helpful if you immediately send the undersigned creditor a copy of 
30.20 	BANK STATEMENTS that show what was in your account for the past 60 days.
30.21 	Some of your earnings (wages)
30.22 	If you did not check the box for all earnings, some of your earnings are still 
30.23 	protected for 20 days after they were deposited in your account. The amount protected 
30.24 	is the larger amount of:
30.25 	75 percent of your wages (after taxes are taken out); or
30.26 	(insert the sum of the current federal minimum wage) multiplied by 40.
30.27 	The money from the following may also be exempt for 20 days after they are 
30.28 	deposited in your account.
30.29 	An accident, disability, or retirement pension or annuity
30.30 	Payments to you from a life insurance policy
30.31 	Earnings of your child who is under 18 years of age
30.32 	Child support
30.33 	Money paid to you from a claim for damage or destruction of property.
30.34 	Property includes household goods, farm tools or machinery, tools for your job, business 
30.35 	equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, 
30.36 	furniture, or appliances.
31.1 	Death benefits paid to you.
31.2 	YOU WILL BE ABLE TO CLAIM THESE EXEMPTIONS WHEN YOU 
31.3 	RECEIVE NOTICE OF THE GARNISHMENT (OR TEN DAYS PRIOR TO A 
31.4 	WAGE GARNISHMENT.)  BUT IF YOU BELIEVE THE MONEY IN YOUR BANK 
31.5 	ACCOUNT IS EXEMPT OR YOUR WAGES ARE EXEMPT YOU SHOULD 
31.6 	IMMEDIATELY CONTACT THE PERSON BELOW TO DISCUSS YOUR 
31.7 	EXEMPTION AND POSSIBLY AVOID GARNISHMENT.

31.8	Creditor 
........	
31.9	Creditor address 
........	
31.10	Creditor telephone number 
........	
31.11 	IMPORTANT! READ THIS CAREFULLY!
31.12 	NOTICE OF INTENT TO GARNISH

31.13	........
	against 
	........
	
31.14	Plaintiff/Creditor
		Defendant/Debtor
	
31.15 	Your money, property, or earnings are in danger of being garnished because 
31.16 	you did not send a written "Answer" to the Summons and Complaint served on you 
31.17 	over 20 days ago.
31.18 	There is no case filed in court, but because you did not send a written "Answer" the 
31.19 	creditor may serve a garnishment summons on your employer, bank or other third parties. 
31.20 	This means that your money or wages can be garnished (held or taken). Under Minnesota 
31.21 	law, this can happen anytime 20 days after the date you receive this notice.
31.22 	There will be NO COURT HEARING or any further notice to you prior to a 
31.23 	garnishment if you do nothing. There may not be a file open at the Clerk of the Court's 
31.24 	office. There are things you can do to avoid a garnishment, but you must act quickly.
31.25 	Please read these instructions carefully. You have 20 days to do one of the following:
31.26 	1. Send an Answer. If you do not think you owe the money or if you have a legal 
31.27 	reason that you did not pay, send a written "Answer" to the Summons and Complaint. 
31.28 	Your "Answer" should tell the creditor why you think you do not owe some or all of 
31.29 	the money. Contact a lawyer if you do not know what to do, need help, or have any 
31.30 	questions about the debt.
31.31 	2. Claim an Exemption. Even if you do not have a defense to the complaint, some 
31.32 	of your money may be protected (the legal word is exempt) from garnishment.  This 
31.33 	means it is protected and cannot be taken. Prior to garnishment, the creditor will send 
31.34 	you a form to claim these exemptions but you can possibly avoid the garnishment action 
31.35 	by contacting the person below immediately to claim your exemption. Attached to this 
31.36 	notice is a list of exemptions you may be able to claim.
32.1 	3. If you do not have a defense and your money is not exempt you can call the 
32.2 	person below before the 20 days are up and try to set up a payment plan that works for 
32.3 	both you and your creditor. You can contact the person below at any time to try to work 
32.4 	out a payment plan, but if you wait too long or cannot agree about a payment plan, they 
32.5 	may garnish or levy your money or wages.
32.6 	If you do not do any of these things, your money can be garnished. The creditor 
32.7 	can garnish your wages, bank accounts, or other assets. They do not have to go to court to 
32.8 	let you know when they start taking your money.

32.9			LAW FIRM
	
32.10	Dated:
........		By:
........	
32.11			Attorney, #
	
32.12			Attorneys for Plaintiff
	
32.13			Address
	
32.14			Telephone

32.15 	Sec. 6. Minnesota Statutes 2008, section 571.913, is amended to read:
32.16 	571.913 EFFECT OF EXEMPTION NOTICE.
32.17 	Within two business days after receipt of the garnishment summons and exemption 
32.18 	notices, the financial institution shall serve upon the debtor two copies of the exemption 
32.19 	notice. The financial institution shall serve the notice by first class mail to the last known 
32.20 	address of the debtor. If no claim of exemption is received by the financial institution 
32.21 	within 14 days after the exemption notices are mailed to the debtor, the funds remain 
32.22 	subject to the garnishment summons. If the debtor elects to claim an exemption, the debtor 
32.23 	shall complete the exemption notice, sign it under penalty of perjury, and deliver one copy 
32.24 	to the financial institution and one copy to the attorney for the creditor within 14 days of 
32.25 	the date postmarked on the correspondence mailed to the debtor containing the exemption 
32.26 	notices. The debtor is also required to include copies of bank statements for the prior 60 
32.27 	days with the exemption notice. In the event that there is no attorney for the creditor, 
32.28 	then the notice must be sent directly to the creditor. Failure of the debtor to deliver the 
32.29 	executed exemption notice or copies of the required bank statements for the prior 60 days
32.30 	does not constitute a waiver of a claimed right to an exemption. Upon timely receipt of a 
32.31 	claim of exemption, funds not claimed to be exempt by the debtor remain subject to the 
32.32 	garnishment summons. All money claimed to be exempt shall be released to the debtor 
32.33 	upon the expiration of seven six business days after the date postmarked on the envelope 
32.34 	containing the executed exemption notice mailed to the financial institution, or the date 
32.35 	of personal delivery of the executed exemption notice to the financial institution, unless 
32.36 	within that time the creditor interposes an objection to the exemption.

33.1 	Sec. 7. Minnesota Statutes 2008, section 571.914, is amended to read:
33.2 	571.914 OBJECTION TO EXEMPTION CLAIM.
33.3 		Subdivision 1.Objections and request for hearing. An objection shall be 
33.4 	interposed, within six business days of receipt by the creditor of an exemption claim from 
33.5 	the debtor, by mailing or delivering one copy of the written objection Notice of Objection 
33.6 	and Notice of Hearing to the financial institution and one copy of the written objection
33.7 	Notice of Objection and Notice of Hearing to the debtor. A Request for Hearing and 
33.8 	Notice of Hearing form must accompany each copy of the written objection.
33.9 	Both copies of an objection to an exemption claim must be mailed or delivered on 
33.10 	the same date. The financial institution may rely on the date of mailing or delivery of a 
33.11 	notice to it in computing any time periods in this section.
33.12 	The written objection, and Request for Hearing Notice of Objection and Notice of 
33.13 	Hearing, forms must be substantially in the forms form set out in subdivisions subdivision
33.14 	2 and 3.
33.15 	The court shall provide clerical assistance to help with the writing and filing of a 
33.16 	Request for Hearing by any person not represented by counsel. The court administrator 
33.17 	may charge a fee of $1 for the filing of a Request for Notice of Objection and Notice of
33.18 	Hearing. Upon the filing of a Request for Notice of Objection and Notice of Hearing, the 
33.19 	court administrator shall schedule the matter for hearing no sooner than five business days 
33.20 	but no later than five seven business days from the date of filing. The court administrator 
33.21 	shall immediately send a completed copy of the request, including the hearing date, time, 
33.22 	and place to the adverse party and to the financial institution by first class mail. A debtor 
33.23 	may request continuance of the hearing by notifying the creditor and the court. The court 
33.24 	shall schedule the continued hearing within seven days of the original hearing date.
33.25 	An order stating whether the debtor's funds are exempt shall be issued by the court 
33.26 	within three days of the date of the hearing.
33.27 		Subd. 2.Form of Notice of Objection and Notice of Hearing. (a) The written 
33.28 	objection to the debtor Written Objection and Notice of Hearing must be in substantially 
33.29 	the following form:

33.30	STATE OF MINNESOTA
		DISTRICT COURT
	
33.31	COUNTY OF 
........		........ JUDICIAL DISTRICT
	
33.32	........ (Creditor)
			
33.33
33.34
33.35	........ (Debtor)
		CREDITOR'S NOTICE OF
OBJECTION AND NOTICE 
OF HEARING
	
33.36	........ (Garnishee)
		TOON EXEMPTION CLAIM
	
33.37			(DEBTOR)
	
34.1			........
	
34.2			(ADDRESS)
	
34.3			........
	
34.4	........
		........
	
34.5	........
			
34.6	........
			
34.7
34.8	(CREDITOR OR CREDITOR'S 
ATTORNEY)
			
34.9			........
	
34.10
34.11
34.12
34.13			This Notice of Objection and Notice of 
Hearing is made by the creditor objecting 
to your exemption claim. This hearing is 
to resolve your exemption claim. 
	
34.14	Hearing Date:
		........
	
34.15	Time:
		........
	
34.16	Hearing Place:
		........
	
34.17 	The creditor objects to your claim for of exemption from garnishment, levy of 
34.18 	execution, order for attachment (strike inapplicable language) for the following reason(s):

34.19	........
	
34.20	........
	
34.21	........
	
34.22 	(Note to both parties: Bring with you to the hearing all documents and materials 
34.23 	relevant to the exemption claim. Failure to do so could delay the court's decision.)
34.24 	If the creditor receives all documents and materials relevant to the exemption claim 
34.25 	before the hearing date, the creditor may agree with your exemption claim and you can 
34.26 	avoid a hearing.
34.27 	Because of this objection a court hearing will be held on your claim that your funds 
34.28 	are protected, your financial institution will retain the funds you claimed to be exempt 
34.29 	for an additional ten days. If you wish to request a hearing on your exemption claim, 
34.30 	you need to do so within ten days from the date the objection was personally served on 
34.31 	you, or within 13 days of the date the objection was mailed to you. You may request a 
34.32 	hearing by completing the attached form and filing it with the court administrator until it 
34.33 	receives an order from the court.
34.34 	1. The court shall provide clerical assistance to help with the writing and filing of a 
34.35 	Request for Hearing by any person not represented by counsel. The court administrator 
34.36 	may charge a fee of $1 for the filing of a Request for Hearing.
34.37 	2. Upon the filing of a Request for Hearing, the clerk shall schedule the matter for a 
34.38 	hearing no later than five business days from the date of filing. The court administrator 
35.1 	shall forthwith send a completed copy of the request, including the hearing date, time, and 
35.2 	place to the adverse party and to the financial institution by first class mail.
35.3 	3. If it is possible that the financial institution might not receive the request mailed 
35.4 	from the court administrator within ten days, then you may want to personally deliver a 
35.5 	copy of the request to the financial institution after you have filed your request with the 
35.6 	court.
35.7 	4. An order stating whether your funds are exempt shall be issued by the court 
35.8 	within three days of the date of the hearing.
35.9 	If you do not file a Request for Hearing within ten days of the date the objection was 
35.10 	personally served on you, or within 13 days from the date the objection was mailed to you, 
35.11 	your financial institution may turn your funds over to your creditor.
35.12 	If you file a Request for Hearing and your financial institution receives it within ten 
35.13 	days of the date it received this objection, your financial institution will retain your funds 
35.14 	claimed to be exempt until otherwise ordered by the court, or until the garnishment lapses 
35.15 	pursuant to Minnesota Statutes, section 571.79.

35.16		........
	
35.17		(CREDITOR OR CREDITOR'S ATTORNEY.)
	
35.18 		Subd. 3.Request for hearing and notice for hearing. The request for hearing 
35.19 	accompanying the objection notice must be in substantially the following form:

35.20	STATE OF MINNESOTA
		DISTRICT COURT
	
35.21	COUNTY OF 
........		........ JUDICIAL DISTRICT
	
35.22	........ (Creditor)
			
35.23
35.24	........ (Debtor)
		REQUEST FOR HEARING AND 
NOTICE FOR HEARING
	
35.25	........ (Garnishee)
			
35.26 	I hereby request a hearing to resolve the exemption claim which has been made in 
35.27 	this case regarding funds in the account of ............. (Debtor) at the ......... (Financial 
35.28 	Institution).
35.29 	I believe the property being held is exempt because

35.30	........
	
35.31	........
	
35.32	Dated: 
........			
35.33
35.34		(DEBTOR)
........
	
35.35
35.36		(ADDRESS)
........

35.37	HEARING DATE: 
........		TIME: 
........	
35.38	HEARING PLACE: 
........			
36.1 	(Note to both parties: Bring with you to the hearing all documents and materials 
36.2 	relevant to the exemption claim. Failure to do so could delay the court's decision.)
36.3 		Subd. 4.Duties of financial institution if objection is made to exemption claim.
 36.4 	Upon receipt of a written objection Notice of Objection and Notice of Hearing from the 
36.5 	creditor within the specified seven-day period, the financial institution shall retain the 
36.6 	funds claimed to be exempt. Unless the financial institution receives a request for hearing 
36.7 	from the debtor asserting exemption rights within ten days after receipt of the written 
36.8 	objection to the exemption, the funds remain subject to the garnishment summons as if 
36.9 	no claim of exemption had been made. If a notice of motion and motion to determine 
36.10 	the validity of a claim of exemption is received by the financial institution within the 
36.11 	period provided, The financial institution shall retain the funds claimed to be exempt 
36.12 	until otherwise ordered by the court, upon mutual agreement of the parties, or until the 
36.13 	garnishment lapses pursuant to section 571.79. 

36.14 	Sec. 8. Minnesota Statutes 2008, section 571.925, is amended to read:
36.15 	571.925 FORM OF NOTICE.
36.16 		Subdivision 1.Exemption notice. The ten-day notice informing a debtor that a 
36.17 	garnishment summons may be used to garnish the earnings of an individual must be 
36.18 	substantially in the following form:

36.19	STATE OF MINNESOTA
		DISTRICT COURT
	
36.20	COUNTY OF 
........		........JUDICIAL DISTRICT
	
36.21
36.22	........ (Creditor)
against
			
36.23			GARNISHMENT EXEMPTION
	
36.24	........ (Debtor)
		NOTICE AND NOTICE OF
	
36.25	and
		INTENT TO GARNISH EARNINGS
	
36.26	........ (Garnishee)
			
36.27 	PLEASE TAKE NOTICE that a garnishment summons or levy may be served upon 
36.28 	your employer or other third parties, without any further court proceedings or notice to 
36.29 	you, ten days or more from the date hereof. Some or all of your earnings are exempt 
36.30 	from garnishment. If your earnings are garnished, your employer must show you how 
36.31 	the amount that is garnished from your earnings was calculated. You have the right to 
36.32 	request a hearing if you claim the garnishment is incorrect.
36.33 	Your earnings are completely exempt from garnishment if you are now a recipient of 
36.34 	relief based on need, if you have been a recipient of relief within the last six months, or if 
36.35 	you have been an inmate of a correctional institution in the last six months.
37.1 	Relief based on need includes the Minnesota Family Investment Program (MFIP), 
37.2 	Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General 
37.3 	Assistance (GA), General Assistance Medical Care (GAMC), Emergency General 
37.4 	Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency Assistance 
37.5 	(MSA-EA), Supplemental Security Income (SSI), and Energy Assistance.
37.6 	If you wish to claim an exemption, you should fill out the appropriate form below, 
37.7 	sign it, and send it to the creditor's attorney and the garnishee.
37.8 	You may wish to contact the attorney for the creditor in order to arrange for a 
37.9 	settlement of the debt or contact an attorney to advise you about exemptions or other rights.
37.10 	PENALTIES
37.11 	(1) Be advised that even if you claim an exemption, a garnishment summons may 
37.12 	still be served on your employer. If your earnings are garnished after you claim an 
37.13 	exemption, you may petition the court for a determination of your exemption. If the 
37.14 	court finds that the creditor disregarded your claim of exemption in bad faith, you 
37.15 	will be entitled to costs, reasonable attorney fees, actual damages, and an amount 
37.16 	not to exceed $100.
37.17 	(2) HOWEVER, BE WARNED if you claim an exemption, the creditor can also 
37.18 	petition the court for a determination of your exemption, and if the court finds that 
37.19 	you claimed an exemption in bad faith, you will be assessed costs and reasonable 
37.20 	attorney's fees plus an amount not to exceed $100.
37.21 	(3) If after receipt of this notice, you in bad faith take action to frustrate the 
37.22 	garnishment, thus requiring the creditor to petition the court to resolve the problem, 
37.23 	you will be liable to the creditor for costs and reasonable attorney's fees plus an 
37.24 	amount not to exceed $100.

37.25
37.26	Dated: 
........		........
(Attorney for) Creditor
	
37.27
37.28			........
Address
	
37.29
37.30			........
Telephone
	
37.31 	DEBTOR'S EXEMPTION CLAIM NOTICE
37.32 	I hereby claim that my earnings are exempt from garnishment because:
37.33 	(1) I am presently a recipient of relief based on need. (Specify the program, case 
37.34 	number, and the county from which relief is being received.)

37.35
37.36
37.37	........
Program
		........
Case Number (if 
known)
		........
County
	
38.1 	(2) I am not now receiving relief based on need, but I have received relief based on 
38.2 	need within the last six months. (Specify the program, case number, and the county 
38.3 	from which relief has been received.)

38.4
38.5
38.6	........
Program
		........
Case Number (if 
known)
		........
County
	
38.7 	(3) I have been an inmate of a correctional institution within the last six months. 
38.8 	(Specify the correctional institution and location.)

38.938.10
	........
Correctional Institution
		........
Location
	
38.11 	I hereby authorize any agency that has distributed relief to me or any correctional 
38.12 	institution in which I was an inmate to disclose to the above-named creditor or the 
38.13 	creditor's attorney only whether or not I am or have been a recipient of relief based on 
38.14 	need or an inmate of a correctional institution within the last six months. I have mailed or 
38.15 	delivered a copy of this form to the creditor or creditor's attorney.

38.16
38.17	........
Date
		........
Debtor
	
38.18
38.19			........
Address
	
38.20
38.21			........
Debtor Telephone Number

38.22	STATE OF MINNESOTA
			DISTRICT COURT
	
38.23	COUNTY OF 
........			........ JUDICIAL DISTRICT
	
38.24	........
	(Creditor)
				
38.25	........
	(Debtor)
				
38.26
38.27	........
	(Financial 
institution)
				
38.28 	IMPORTANT NOTICE
38.29 	YOUR FUNDS HAVE BEEN LEVIED
38.30 	The Creditor has frozen money in your account at your financial institution. The 
38.31 	account is frozen for 14 days from the date of this notice.
38.32 	Some of your money in your account may be protected (the legal word is 
38.33 	exempt).  You may be able to get it sooner than 14 days if you act quickly and follow 
38.34 	the instructions on the next page.
38.35 	The attached form lists some different sources of money in your account that are 
38.36 	protected. If your money is from one or more of these sources, check the box on the 
38.37 	form next to the sources of your money. If it is from one of these sources, the Creditor 
38.38 	cannot take it.
39.1 	BUT, you must follow the instructions and return the exemption form and 
39.2 	copies of your bank statements from the last 60 days to have the bank unfreeze your 
39.3 	money. If you do not follow the instructions or your creditor gets an order from the court 
39.4 	or writ of execution, your financial institution will give the money to the Creditor. If that 
39.5 	happens and it is protected, you can still get it back from the creditor later, but that is not 
39.6 	as easy to do as filling in the form now.
39.7 	See next pages for instructions and the exemption form.
39.8 		Subd. 2.Form of instructions. The instructions must be substantially in the 
39.9 	following form:
39.10 	INSTRUCTIONS
39.11 	Note: The creditor is who you owe the money to. You are the debtor.
39.12 	1. Fill out the attached exemption form in this packet.
39.13 	If you check one of the boxes, you should also give proof that shows that some 
39.14 	or all of the money in your account is from one or more of the protected sources. 
39.15 	Creditors may ask for a hearing if they question your exemptions. To avoid a hearing:
39.16 	Case numbers should be added to the form. Copies of documents should be 
39.17 	sent with the form.
39.18 	NOTICE: You must send copies of your bank statements for the past 60 days 
39.19 	before the garnishment. If you do not send bank statements with your exemption 
39.20 	claim, the financial institution may release your money to the creditor.
39.21 	2. Sign the exemption form. Make three copies. Keep one for yourself.
39.22 	3. Mail or deliver the other copies of the form by (insert date).
39.23 	BOTH COPIES MUST BE MAILED OR DELIVERED THE SAME DAY.
39.24 	One copy of the form goes to:

39.25	........
	
39.26	(Insert name of creditor or creditor's attorney)
	
39.27	........
	
39.28	(Insert address of creditor or creditor's attorney) 
	
39.29 	One copy goes to:

39.30	........
	
39.31	(Insert name of bank)
	
39.32	........
	
39.33	(Insert address of bank) 
	
39.34 	HOW THE PROCESS WORKS
39.35 	If You Do Not Send in the Exemption Form and Bank Statements:
39.36 	14 days after the date of this letter some or all of your money may be turned over to 
39.37 	the creditor or to the sheriff pursuant to Minnesota statute.
40.1 	If You Send in the Exemption Form and Bank Statements:
40.2 	Any money that is NOT protected can be turned over to the creditor or the sheriff.
40.3 	If the Creditor Does Not Object:
40.4 	The financial institution will unfreeze your money six business days after they 
40.5 	get your completed form.
40.6 	If the Creditor Objects:
40.7 	The money you have said is protected on the form will be held by the bank. The 
40.8 	creditor has six business days to object (disagree) and ask the court to hold a hearing. You 
40.9 	will receive a Notice of Objection and a Notice of Hearing.
40.10 	The financial institution will hold the money until a court decides whether your 
40.11 	money is protected or not.
40.12 	You may want to talk to a lawyer for advice about this process. If you are low 
40.13 	income you can call Legal Aid.
40.14 	PENALTIES:
40.15 	If you claim that your money is protected and a court decides you made that claim 
40.16 	in bad faith, the court can order you to pay costs, actual damages, attorney fees, and an 
40.17 	additional amount of up to $100. For example, it may be bad faith if you claim you receive 
40.18 	government benefits that you do not receive.
40.19 	If the creditor made a bad faith objection to your claim that your money is protected, 
40.20 	the court can order them to pay costs, actual damages, attorney fees, and an additional 
40.21 	amount of up to $100.
40.22 		Subd. 3.Format of exemption form. The exemption form must be substantially 
40.23 	in the following format:
40.24 	EXEMPTION FORM

40.25	A.
	HOW MUCH MONEY IS PROTECTED
	
40.26	........
	I claim ALL or SOME of the money being frozen by the bank is protected.
	
40.27	........
	The amount I claim is protected is $.......
	
40.28	B.
	WHY THE MONEY IS PROTECTED
	
40.29
40.30		My money is protected because I get it from one or more of the following places: 
(Check all that apply)
	
40.31	........
	Government benefits
	
40.32
40.33
40.34
40.35
40.36
40.37		Government benefits include: MFIP - Minnesota family investment program, 
GA - general assistance, EA - emergency assistance, MA - medical assistance, 
GAMC - general assistance medical care, EGA - emergency general assistance, 
MSA - Minnesota supplemental aid, MSA-EA - MSA emergency assistance, SSI
- Supplemental Security Income, MinnesotaCare, Medicare part B premium 
payments, Medicare part D extra help, energy assistance.
	
40.38	LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
	
40.39	........
	
40.40	LIST THE CASE NUMBER AND COUNTY
	
41.1		Case Number: 
................	
41.2		County: 
................	
41.3	........
	Social Security benefits
	
41.4	........
	Unemployment benefits
	
41.5	........
	Workers' compensation
	
41.6	........
	Veterans' benefits
	
41.7
41.8
41.9		If you receive any of these government benefits, include copies of any 
documents you have that show  you receive Social Security, unemployment, 
workers' compensation, or veterans' benefits.
	
41.10	........
	Other assistance based on need
	
41.11
41.12	You may have assistance based on need from another source that is not on the list.  If you 
do, check this box, and fill in the source of your money on the line below:
	
41.13	Source: 
	........
	
41.14	Include copies of any documents you have that show the source of this money.
	
41.15	........
	All of your earnings (wages) because:
	
41.16		You get government benefits (see list of government benefits) 
	
41.17		You currently receive other assistance based on need
	
41.18		You have received government benefits in the last six months
	
41.19		You were in jail or prison in the last six months	
	
41.20
41.21
41.22
41.23		If you check this box, your wages are only protected for 60 days after they are 
deposited in your account so you MUST send the creditor a copy of BANK 
STATEMENTS that show what was in your account for the 60 days right before 
the bank froze your money.
	
41.24	........
	Some of your earnings (wages)
	
41.25
41.26
41.27		If you did not check the box for all earnings, some of your earnings are still 
protected for 20 days after they were deposited in your account. The amount 
protected is the larger amount of:
	
41.28		75 percent of your wages (after taxes are taken out); or
	
41.29		(insert the sum of the current federal minimum wage) multiplied by 40.
	
41.30
41.31		The money from the following may also be exempt for 20 days after they are 
deposited in your account.
	
41.32	........
	An accident, disability, or retirement pension or annuity
	
41.33	........
	Payments to you from a life insurance policy
	
41.34	........
	Earnings of your child who is under 18 years of age
	
41.35	........
	Child support
	
41.36
41.37
41.38
41.39	........
	Money paid to you from a claim for damage or destruction of property.
Property includes household goods, farm tools or machinery, tools for your job, 
business equipment, a mobile home, a car, a musical instrument, a pew or burial 
lot, clothes, furniture, or appliances.
	
41.40	........
	Death benefits paid to you. 
	
41.41 	I give permission to any agency that has given me cash benefits to give information 
41.42 	about my benefits to the above-named creditor, or its attorney. The information will ONLY
41.43 	concern whether I get benefits or not, or whether I have gotten them in the past six months.
41.44 	If I was an inmate in the last six months, I give my permission to the correctional 
41.45 	institution to tell the above-named creditor that I was an inmate there.
42.1 	YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S 
42.2 	ATTORNEY AND THE BANK. FILL IN THE BLANKS BELOW AND GO BACK 
42.3 	TO THE INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.
42.4 	I have mailed or delivered a copy of this form to:

42.5	........
	
42.6	(Insert name of creditor or creditor's attorney)
	
42.7	........
	
42.8	(Insert address of creditor or creditor's attorney)
	
42.9 	I have also mailed or delivered a copy of this exemption form to my bank at the 
42.10 	address listed in the instructions.

42.11	DATED: 
........		........
		
42.12			DEBTOR
		
42.13			........
		
42.14			DEBTOR ADDRESS
		
42.15			........
		
42.16			DEBTOR TELEPHONE NUMBER