HF 1445

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to creditors' remedies; requiring the filing
of a summons and complaint before the issuance of a
garnishment summons; amending Minnesota Statutes 2004,
section 571.71.

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

Section 1.

Minnesota Statutes 2004, section 571.71, is
amended to read:

571.71 GARNISHMENT; WHEN AUTHORIZED.

As an ancillary proceeding to a civil action for the
recovery of money, a creditor may issue a garnishment summons as
provided in this chapter against any third party in the
following instances:

(1) at the time the civil action is commenced or at any
time after the commencement of the civil action, but before the
entry of a judgment, if the court orders the issuance of the
garnishment summons pursuant to section 571.93;

(2) at any time 40 days or more after service of the
summons and complaint upon the debtor in the civil action when a
judgment by default could have, but has not, been entered
pursuant to Rule 55.01(a) of the Minnesota Rules of Civil
Procedure for the District Courts. deleted text begin No deleted text end Filing of deleted text begin a pleading or
other documents deleted text end new text begin the summons and complaint with the district
court new text end by the creditor is required deleted text begin to issue deleted text end new text begin before issuing new text end a
garnishment summons under this clause deleted text begin ; however, deleted text end new text begin and new text end the creditor
must comply with the service requirement of section 571.72,
subdivision 4; or

(3) at any time after entry of a money judgment in the
civil action.