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HF 2324

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to judgments; providing for the recovery of attorney fees incurred in
collecting conciliation court judgments; amending Minnesota Statutes 2008,
section 491A.02, subdivision 9, by adding a subdivision.


Section 1.

Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to

Subd. 9.

Judgment debtor disclosure.

Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail to the judgment creditor information as to the nature, amount, identity, and
locations of all the debtor's assets, liabilities, and personal earning. The information must
be provided on a form prescribed by the Supreme Court, and the information shall be
sufficiently detailed to enable the judgment creditor to obtain satisfaction of the judgment
by way of execution on nonexempt assets and earnings of the judgment debtor. The order
must contain a notice that failure to complete the form and mail it to the judgment creditor
within ten days after service of the order may result in a citation for civil contempt of
courtnew text begin and that the judgment debtor will be liable for reasonable attorney fees incurred by
the judgment creditor in collecting the judgment
new text end. Cash bail posted as a result of being
cited for civil contempt of court order under this section may be ordered payable to the
creditor to satisfy the judgment, either partially or fully.

Sec. 2.

Minnesota Statutes 2008, section 491A.02, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Attorney fees for collection of judgment. new text end

new text begin A judgment debtor is liable
for reasonable attorney fees incurred by a judgment creditor in collecting a conciliation
court judgment.
new text end