HF 2980

as introduced - 88th Legislature (2013 - 2014) Posted on 03/12/2014 11:31am

A bill for an act
relating to judgments; providing for the recovery of attorney fees incurred in
collecting conciliation court judgments; amending Minnesota Statutes 2012,
section 491A.02, subdivision 9, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 491A.02, subdivision 9, is amended to read:

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 judgment creditor's attorney as an officer of
the court may or 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 court new 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 2012, 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