HF 3315

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to garnishment; limiting the attachment of 
  1.3             certain property by garnishment; amending Minnesota 
  1.4             Statutes 1998, section 571.73, subdivision 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 571.73, 
  1.7   subdivision 4, is amended to read: 
  1.8      Subd. 4.  [PROPERTY NOT ATTACHABLE.] The following property 
  1.9   is not subject to attachment by garnishment: 
  1.10     (1) any indebtedness, money, or other property due to the 
  1.11  debtor, unless at the time of the garnishment summons the same 
  1.12  is due absolutely or does not depend upon any contingency; 
  1.13     (2) any judgment in favor of the debtor against the 
  1.14  garnishee, if the garnishee or the garnishee's property is 
  1.15  liable on an execution levy upon the judgment; 
  1.16     (3) any debt owed by the garnishee to the debtor for which 
  1.17  any negotiable instrument has been issued or endorsed by the 
  1.18  garnishee; 
  1.19     (4) any indebtedness, money, or other property due to the 
  1.20  debtor where the debtor is a bank, savings bank, trust company, 
  1.21  credit union, savings association, or industrial loan and thrift 
  1.22  companies with deposit liabilities; 
  1.23     (5) if the garnishee is a bank, savings bank, trust 
  1.24  company, credit union, savings association, or industrial loan 
  1.25  and thrift company, any property due to the debtor to honor a 
  2.1   check dated by the debtor within the three days before the date 
  2.2   of service of the garnishment notice; 
  2.3      (6) any indebtedness, money, or other property due to the 
  2.4   debtor with a cumulative value of less than $10; and 
  2.5      (6) (7) any disposable earnings, indebtedness, money, or 
  2.6   property that is exempt under Minnesota or federal law.