1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/22/2025 03:58pm
A bill for an act
relating to commerce; modifying various statutory forms pertaining to garnishment;
amending Minnesota Statutes 2024, sections 550.136, subdivisions 6, 9; 550.143,
subdivisions 2, 3a, 3b, 3c; 551.05, subdivisions 1b, 1c, 1d; 551.06, subdivisions
6, 9; 571.72, subdivisions 8, 10; 571.74; 571.75, subdivision 2; 571.912; 571.914,
subdivision 2; 571.925; 571.931, subdivision 6; 571.932, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 550.136, subdivision 6, is amended to read:
Before the first levy on earnings under this chapter,
the judgment creditor shall serve upon the judgment debtor no less than ten days before the
service of the writ of execution, a notice that the writ of execution may be served on the
judgment debtor's employer. The notice must: (1) be substantially in the form set forth
below; (2) be served personally, in the manner of a summons and complaint, or by first
class mail to the last known address of the judgment debtor; (3) inform the judgment debtor
that an execution levy may be served on the judgment debtor's employer in ten days, and
that the judgment debtor may, within that time, cause to be served on the judgment creditor
a signed statement under penalties of perjury asserting an entitlement to an exemption from
execution; (4) inform the judgment debtor of the earnings exemptions contained in section
550.37, subdivision 14; and (5) advise the judgment debtor of the relief set forth in this
chapter to which the debtor may be entitled if a judgment creditor in bad faith disregards a
valid claim and the fee, costs, and penalty that may be assessed against a judgment debtor
who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the
execution process. The notice requirement of this subdivision does not apply to a levy on
earnings being retained by an employer pursuant to a garnishment previously served in
compliance with chapter 571.
The ten-day notice informing a judgment debtor that a writ of execution may be used
to levy the earnings of an individual must be substantially in the following form:
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STATE OF MINNESOTA deleted text end |
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DISTRICT COURT deleted text end |
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COUNTY OF
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JUDICIAL DISTRICT
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(Judgment Creditor)
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against deleted text end |
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EXECUTION EXEMPTION deleted text end |
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(Judgment Debtor)
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NOTICE AND NOTICE OF INTENT TO deleted text end |
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and deleted text end |
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LEVY ON EARNINGS deleted text end |
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(Third Party)
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State of Minnesota new text end |
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District Court new text end |
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County of:
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Judicial District:
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Court File Number:
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Case Type:
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Creditor's full name new text end |
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.
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Execution Exemption new text end |
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against new text end |
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Notice and Notice of new text end |
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Debtor's full name new text end |
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Intent to Levy on Earnings new text end |
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.
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and new text end |
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Third Party (bank, employer, or other) new text end |
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.
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PLEASE TAKE NOTICE that a levy may be served upon your employer or other third
parties, without any further court proceedings or notice to you, ten days or more from the
date hereof. Your earnings are completely exempt from execution levy if you are now a
recipient of relief based on need, if you have been a recipient of relief within the last six
months, or if you have been an inmate of a correctional institution in the last six months.
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Relief based on need includes Minnesota Family Investment Program (MFIP), Emergency
Assistance (EA), Work First, Medical Assistance (MA), General Assistance (GA), Emergency
General Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency
Assistance (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance.
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If you wish to claim an exemption, you should fill out the appropriate form below, sign
it, and send it to the judgment creditor's attorney.
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You may wish to contact the attorney for the judgment creditor in order to arrange for
a settlement of the debt or contact an attorney to advise you about exemptions or other
rights.
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Notice: A levy may be served on your employer or other third parties. A levy means
that part of your earnings can be taken to pay off debts that you owe. This can happen
in 10 days or more after you get this notice. This can happen without any other court action
or notice to you. But some of your money may be protected.
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Your earnings cannot be taken if:
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(i) you are getting government assistance based on need,
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(ii) you got any government assistance based on need in the last 6 months, or
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(iii) you were an inmate of a correctional institution in the last 6 months.
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These are called exemptions. Your money is NOT protected unless you fill out the
Exemption Claim Notice attached and send it back to the creditor or the creditor's
lawyer. If you are not sure if you have any exemptions, talk to a lawyer.
new text end
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You can also contact the creditor or their lawyer to talk about a settlement of the debt.
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Examples of government assistance based on need:
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(i) MFIP - Minnesota Family Investment Program
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(ii) DWP - MFIP Diversionary Work Program
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(iii) SNAP - Supplemental Nutrition Assistance Program
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(iv) GA - General Assistance
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(v) EGA - Emergency General Assistance
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(vi) MSA - Minnesota Supplemental Aid
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(vii) MSA-EA - MSA Emergency Assistance
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(viii) EA - Emergency Assistance
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(ix) Energy or Fuel Assistance
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(x) Work Participation Cash Benefit
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(xi) MA - Medical Assistance
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(xii) MinnesotaCare
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(xiii) Medicare Part B - Premium Payments help
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(xiv) Medicare Part D - Extra
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(xv) SSI - Supplemental Security Income
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(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), MN Working family
credit
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(xvii) Renter's Refund (also called Renter's Property Tax Credit)
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PENALTIES
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Warnings and Fines
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(1) deleted text begin Be advised thatdeleted text end Even if you claim an exemption, deleted text begin an executiondeleted text end new text begin anew text end levy may still be
served on your employer. If deleted text begin your earnings are levied ondeleted text end new text begin they take money from younew text end after
you claim an exemption, you may deleted text begin petitiondeleted text end new text begin asknew text end the court deleted text begin for a determination ofdeleted text end new text begin to reviewnew text end
your exemption. If the court finds that the deleted text begin judgmentdeleted text end creditor deleted text begin disregardeddeleted text end new text begin ignorednew text end your
claim of exemption in bad faith, you deleted text begin will bedeleted text end new text begin arenew text end entitled to costs, reasonable deleted text begin attorneydeleted text end new text begin
lawyernew text end fees, actual damages, and deleted text begin an amount notdeleted text end new text begin a fine upnew text end to deleted text begin exceeddeleted text end $100.new text begin Bad faith is
when someone does something wrong on purpose.
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(2) deleted text begin HOWEVER, BE WARNEDdeleted text end new text begin BUTnew text end if you claim an exemption, the deleted text begin judgmentdeleted text end creditor
can also deleted text begin petitiondeleted text end new text begin asknew text end the court deleted text begin for a determination ofdeleted text end new text begin to reviewnew text end your exemptiondeleted text begin , anddeleted text end new text begin .new text end If
the court finds that you claimed an exemption in bad faith, you deleted text begin will be assesseddeleted text end new text begin are
chargednew text end costs and reasonable deleted text begin attorney'sdeleted text end new text begin lawyernew text end fees deleted text begin plus an amount notdeleted text end new text begin and a fine upnew text end to
deleted text begin exceeddeleted text end $100.
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(3) If after receipt of this notice, you in bad faith take action to frustrate the execution
levy, thus requiring the judgment creditor to petition the court to resolve the problem,
you will be liable to the judgment creditor for costs and reasonable attorney's fees plus
an amount not to exceed $100.
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(3) If you get this notice, then do something in bad faith to try to block or stop the levy
and the creditor has to take you to court because of it, you will have to pay the creditor's
costs, and reasonable lawyer fees, and a fine up to $100.
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DATED:
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(Attorney for Judgment Creditor) deleted text end |
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Address deleted text end |
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Telephone deleted text end |
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Date:
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Creditor's Signature:
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(or creditor's lawyer's signature) new text end |
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Creditor's Name:
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(or creditor's lawyer's name) new text end |
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Street Address:
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City/State/Zip:
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Phone:
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Fax:
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Email:
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deleted text begin JUDGMENTdeleted text end Debtor's Exemption Claim Notice
I deleted text begin herebydeleted text end claim that my earnings are exempt deleted text begin from executiondeleted text end because:new text begin (check all that
apply)
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deleted text begin (1)deleted text end new text begin ...new text end I am deleted text begin presently a recipient of reliefdeleted text end new text begin getting government assistancenew text end based on need.
(deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from which
relief is being receiveddeleted text end new text begin you got it fromnew text end .)
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Case Number (if known) deleted text end |
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Program:
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deleted text begin (2)deleted text end new text begin ...new text end I am not deleted text begin now receiving reliefdeleted text end new text begin getting assistancenew text end based on neednew text begin right nownew text end , but I
deleted text begin have received reliefdeleted text end new text begin did get government assistancenew text end based on need within the last deleted text begin sixdeleted text end new text begin 6new text end
months. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county new text begin you got
it new text end from deleted text begin which relief has been receiveddeleted text end .)
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Case #:
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County:
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deleted text begin (3)deleted text end new text begin ...new text end I deleted text begin have beendeleted text end new text begin wasnew text end an inmate of a correctional institution within the last deleted text begin sixdeleted text end new text begin 6new text end months.
(deleted text begin Specifydeleted text end new text begin Statenew text end the correctional institution and location.)
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Correctional Institution
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Location
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I hereby authorize any agency that has distributed relief to me or any correctional
institution in which I was an inmate to disclose to the above-named judgment creditor or
the judgment creditor's attorney only whether or not I am or have been a recipient of relief
based on need or an inmate of a correctional institution within the last six months. I have
mailed or delivered a copy of this form to the judgment creditor or judgment creditor's
attorney.
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Debtor deleted text end |
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Address deleted text end |
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Debtor Telephone Number deleted text end |
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I give my permission to any agency listed above to give information about my benefits
to the creditor named above, or to the creditor's lawyer. The information will ONLY be if
I get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the
last 6 months, I give my permission to the correctional institution to tell the creditor named
above or the creditor's lawyer that I was an inmate there.
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Date:
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Debtor's Signature:
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Debtor's Name:
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Street Address:
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City/State/Zip:
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Phone:
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Email:
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Minnesota Statutes 2024, section 550.136, subdivision 9, is amended to read:
The judgment creditor
shall provide to the sheriff for service upon the judgment debtor's employer an execution
earnings disclosure form and an earnings disclosure worksheet with the writ of execution,
that must be substantially in the form set forth below.
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STATE OF MINNESOTA deleted text end |
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DISTRICT COURT deleted text end |
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COUNTY OF
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JUDICIAL DISTRICT
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FILE NO.
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(Judgment Creditor) deleted text end |
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against deleted text end |
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EARNINGS deleted text end |
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.
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(Judgment Debtor) deleted text end |
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EXECUTION deleted text end |
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and deleted text end |
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DISCLOSURE deleted text end |
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(Third Party) deleted text end |
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State of Minnesota new text end |
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District Court new text end |
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County of:
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Judicial District:
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Court File Number:
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Case Type:
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Creditor's full name new text end |
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.
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Earnings Execution Disclosure new text end |
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and new text end |
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For Non-Child Support Judgments new text end |
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Debtor's full name new text end |
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Third Party (bank, employer, or other) new text end |
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.
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This form is called an "Earnings Execution Disclosure" or "Disclosure." It is for the
employer to fill out. The "debtor" is the person who owes money. The debtor gets a copy
of this form for their own information.
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new text begin
The employer is also called the "third party garnishee" or "third party." The debtor is
also called a "judgment debtor." If the debtor asks how the calculations in this document
were made, the employer must provide information about it.
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"EARNINGS": For the purpose of execution, "earnings" means compensation paid or
payable to an employee for personal services or compensation paid or payable to the producer
for the sale of agricultural products; milk or milk products; or fruit or other horticultural
products produced when the producer is operating a family farm, a family farm corporation,
or an authorized farm corporation, as defined in section 500.24, subdivision 2, whether
denominated as wages, salary, commission, bonus, or otherwise, and includes periodic
payments pursuant to a pension or retirement.
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"DISPOSABLE EARNINGS": Means that part of the earnings of an individual remaining
after the deduction from those earnings of amounts required by law to be withheld. (Amounts
required by law to be withheld do not include items such as health insurance, charitable
contributions, or other voluntary wage deductions.)
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DEFINITIONS
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"Earnings": what is paid or payable to an employee, independent contractor, or
self-employed person for personal services (a job). Also called compensation. Compensation
can be wages, salary, commission, bonuses, payments, profit-sharing distributions, severance
payment, fees, or other. It includes periodic payments from a pension or retirement. It can
also be compensation paid or payable to a producer for the sale of agricultural products.
This can be things like milk or milk products, or fruit or other horticultural products. Or
things produced in the operation of a family farm, a family farm corporation, or an authorized
farm corporation. This is defined in Minnesota Statutes, section 500.24, subdivision 2.
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"Disposable Earnings": the part of a person's earnings that are left after subtracting
the amounts required by law to be withheld. Note: Amounts required by law to be withheld
do not include things like health insurance, charitable contributions, or other voluntary wage
deductions.
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"Payday": deleted text begin For the purpose of execution, "payday(s)" means the date(s) upon whichdeleted text end new text begin
the date whennew text end the employer pays earnings to the debtor deleted text begin in the ordinary course of businessdeleted text end new text begin
for doing their jobnew text end . If the deleted text begin judgmentdeleted text end debtor has no regular payday, deleted text begin payday(s)deleted text end new text begin then "payday"new text end
means the 15th and the last day of each month.
The Third Party/Employer Must Answer The Following Questions:
(1) new text begin Right now, new text end do you deleted text begin nowdeleted text end owedeleted text begin , or within 90 days from the date the execution levy was
served on you, will you or may you owedeleted text end money to the deleted text begin judgmentdeleted text end debtor for earnings?
Yes ..... |
No ..... |
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(2) Does the judgment debtor earn more than $... per week? (this amount is the greater
of $9.50 per hour or the federal minimum wage per week)
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new text begin
(2) Within 90 days from the date you were served with the levy, will you or may you
owe money to the debtor for earnings?
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Yes ..... |
No ..... |
new text begin
(3) Does the debtor earn more than the current Minnesota or federal minimum wage per
week? (use the number that is more)
new text end
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Yes ..... new text end |
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No ..... new text end |
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A. If you answer "No" to question 1, 2, or 3, you don't need to answer the rest of the
questions. You don't have to do the Earnings Disclosure Worksheet. Sign the Earnings
Disclosure Affirmation below and return this disclosure form to the sheriff. You must return
it within 20 days after it was served on you.
new text end
new text begin
B. If you answer "Yes" to question 1 or 2, and "Yes" to question 3, sign the Earnings
Disclosure Affirmation below. You must return it to the sheriff within 20 days. You must
also fill out the rest of this form. Read the instructions for the Earnings Disclosure Worksheet.
new text end
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Earnings Disclosure Affirmation
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I, ................... (person signing Affirmation), am the third party/employer or I am
authorized by the third party/employer to complete this earnings disclosure and have done
so truthfully and to the best of my knowledge.
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Date:
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Third Party's Name:
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Third Party's Signature:
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Phone:
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Fax:
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Email:
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Instructions for Completing the Earnings Disclosure new text begin Worksheet
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A. If your answer to either question 1 or 2 is "No," then you must sign the affirmation
below and return this disclosure to the sheriff within 20 days after it was served on you,
and you do not need to answer the remaining questions.
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B. If your answers to both questions 1 and 2 are "Yes," you must complete this form
and the Earnings Disclosure Worksheet as follows:
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For each payday that falls within 90 days from the date the deleted text begin executiondeleted text end levy was served
on you, you must calculate the amount of earnings to be deleted text begin retained by completing steps
3 through 11 on page 2, and enter the amounts on the Earnings Disclosure Worksheet.
UPON REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH
INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS
DISCLOSURE WERE MADEdeleted text end new text begin withheldnew text end .new text begin Enter the amounts on the Earnings Disclosure
Worksheet.
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You must:
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(1) Withhold the amount of earnings listed in Column I on the Earnings Disclosure
Worksheet each payday.
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(2) After 90 days, return this Earnings Disclosure Worksheet to the sheriff. Include all
the money withheld. Sign the Affirmation at the end of the worksheet before returning.
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(3) Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the
last payday that falls within the 90-day period.
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If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period
is over, you need to do the last disclosure and withholdings within 10 days of their last
payday that you withheld money.
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Each payday, you must retain the amount of earnings listed in column I on the Earnings
Disclosure Worksheet.
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You must pay the attached earnings and return this earnings disclosure form and the
Earnings Disclosure Worksheet to the sheriff and deliver a copy of the disclosure and
worksheet to the judgment debtor within ten days after the last payday that falls within
the 90-day period. If the judgment is wholly satisfied or if the judgment debtor's
employment ends before the expiration of the 90-day period, your disclosure and
remittance should be made within ten days after the last payday for which earnings were
attached.
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For steps 3 through 11, "columns" refers to columns on the Earnings Disclosure
Worksheet.
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(3) deleted text end |
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COLUMN A. deleted text end |
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Enter the date of judgment debtor's payday. deleted text end |
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(4) deleted text end |
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COLUMN B. deleted text end |
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Enter judgment debtor's gross earnings for each payday. deleted text end |
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(5) deleted text end |
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COLUMN C. deleted text end |
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Enter judgment debtor's disposable earnings for each payday. deleted text end |
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(6) deleted text end |
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COLUMN D. deleted text end |
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Enter 25 percent of disposable earnings. (Multiply column C by .25.) deleted text end |
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(7) deleted text end |
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COLUMN E. deleted text end |
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Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($..........) times the number of work weeks included in each payday. (Note: If a payday includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end |
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(8) deleted text end |
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COLUMN F. deleted text end |
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Subtract the amount in column E from the amount in column C, and enter here. deleted text end |
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(9) deleted text end |
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COLUMN G. deleted text end |
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Enter here the lesser of the amount in column D and the amount in column F. deleted text end |
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(10) deleted text end |
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COLUMN H. deleted text end |
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Enter here any amount claimed by you as a setoff, defense, lien, or claim, or any amount claimed by any other person as an exemption or adverse interest which would reduce the amount of earnings owing to the judgment debtor. (Note: Any indebtedness to you incurred within ten days prior to your receipt of the first execution levy on a debt may not be set off against the earnings otherwise subject to this levy. Any wage assignment made by the judgment debtor within ten days prior to your receipt of the first execution levy on a debt is void.) deleted text end |
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You must also describe your claim(s) and the claims of others, if known, in the space provided below the worksheet and state the name(s) and address(es) of these persons. deleted text end |
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Enter zero in column H if there are no claims by you or others which would reduce the amount of earnings owing to the judgment debtor. deleted text end |
|||
deleted text begin
(11) deleted text end |
deleted text begin
COLUMN I. deleted text end |
deleted text begin
Subtract the amount in column H from the amount in column G and enter here. This is the amount of earnings that you must remit for the payday for which the calculations were made. deleted text end |
deleted text begin
AFFIRMATION
deleted text end
deleted text begin
I, ................... (person signing Affirmation), am the third party/employer or I am
authorized by the third party/employer to complete this earnings disclosure, and have done
so truthfully and to the best of my knowledge.
deleted text end
deleted text begin
DATED:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Signature deleted text end |
||
deleted text begin
.
deleted text end |
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deleted text begin
Title deleted text end |
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deleted text begin
.
deleted text end |
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deleted text begin
Telephone Number deleted text end |
||
deleted text begin
EARNINGS DISCLOSURE WORKSHEET deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Debtor's Name deleted text end |
new text begin
Calculating Percentage of Disposable Earnings
new text end
new text begin
Note to Creditor: You must fill out this chart before sending this form to the employer.
Use the current minimum wage found online at: https://www.dli.mn.gov/minwage.
new text end
new text begin
Minimum Wage = $MW/hour.
new text end
new text begin
if the weekly gross earnings are: new text end |
new text begin
then this percentage of the disposable earnings are withheld: new text end |
||
new text begin
Less than [40 X MW] new text end |
new text begin
0% new text end |
||
new text begin
[40 X MW + .01] to [60 X MW] new text end |
new text begin
10% new text end |
||
new text begin
[60 X MW + .01] to [80 X MW] new text end |
new text begin
15% new text end |
||
new text begin
[80 x MW + .01] or more new text end |
new text begin
25% new text end |
new text begin
Employer: Use this creditor's calculation chart to know what percentage of earnings
should be withheld.
new text end
new text begin
Earnings Disclosure Worksheet
new text end
new text begin
.
new text end |
|
new text begin
Debtor's name new text end |
A new text begin - new text end Payday Date |
B new text begin - new text end Gross Earnings |
C new text begin - new text end Disposable Earnings |
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new text begin
Column A. Enter the debtor's payday.
new text end
new text begin
Column B. Enter the debtor's gross earnings for each payday.
new text end
new text begin
Column C. Enter the debtor's disposable earnings for each payday.
new text end
D deleted text begin 25deleted text end new text begin - new text end % of new text begin withholding of new text end Column Cnew text begin (Use the creditor's calculation) new text end |
E new text begin - new text end Greater of deleted text begin 40 X $9.50 ordeleted text end 40 Xnew text begin MN ornew text end Fed. Min. Wage |
F new text begin - new text end Column C minus Column E |
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new text begin
Column D. Enter the percentage of disposable earnings that will be withheld. Get this
number from the creditor's calculation chart.
new text end
new text begin
Column E. Calculate 40 times the current MN minimum wage (or 40 times the current
federal minimum wage) times the number of work weeks in each payday. Enter the bigger
number here. Note: If a payday has extra days that are more than a full work week, count
those extra days as part of a work week. Do this by dividing the number of extra workdays
by the number of workdays in a normal week.
new text end
new text begin
Column F. Subtract the amount in Column E from the amount in Column C and enter
here.
new text end
G new text begin - new text end Lesser of Column D and Column F |
H new text begin - new text end Setoff, Lien, Adverse Interest, or Other Claims |
I new text begin - new text end Column G minus Column H |
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deleted text begin 8. deleted text end |
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9. deleted text end |
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10. deleted text end |
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TOTAL OF COLUMN I |
$
.
|
new text begin
Column G. Look at Column D and Column F. Enter the smaller amount of the two here
in Column G.
new text end
new text begin
Column H. Enter any amount claimed by you that would lower the amount of earnings
that will go to the debtor. Things like:
new text end
new text begin
(i) a setoff,
new text end
new text begin
(ii) a defense,
new text end
new text begin
(iii) a lien,
new text end
new text begin
(iv) a claim, or
new text end
new text begin
(v) any amount claimed by any other person as an exemption or adverse interest.
new text end
new text begin
Note: You must describe your claim(s) and the claims of others, if known, in the spaces
after this worksheet.
new text end
new text begin
Enter zero in Column H if there are no claims by you or others which would lower the
amount of earnings owed to the debtor.
new text end
new text begin
Note: Any debt that happened within 10 days before you got the first levy on a debt
may not be set off against the earnings that are affected by this levy. Any wage assignment
made by the debtor within 10 days before you got the first levy on a debt is void. Wage
assignment is when a debtor voluntarily agrees to money being taken out of their earnings.
new text end
new text begin
Column I. Subtract the amount in Column H from the amount in Column G and enter
here. This is the amount of earnings that go to the creditor.
new text end
deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin payday(s)deleted text end new text begin paydaynew text end , deleted text begin you mustdeleted text end describe
new text begin those claims new text end below deleted text begin either your claims, or the claims of othersdeleted text end . new text begin It doesn't matter if they are
your claims, or the claims of others. new text end For deleted text begin amounts claimeddeleted text end new text begin claimsnew text end by others, deleted text begin you must both
statedeleted text end new text begin listnew text end the names and addresses of deleted text begin such personsdeleted text end new text begin eachnew text end , and deleted text begin the nature ofdeleted text end new text begin describenew text end their
deleted text begin claimdeleted text end new text begin claimsnew text end , if deleted text begin knowndeleted text end new text begin you knownew text end .
.
.
.
.
new text begin Earnings Worksheet new text end Affirmation
I, ................. (person signing Affirmation), am the third deleted text begin partydeleted text end new text begin party/employernew text end or I am
authorized by the third deleted text begin partydeleted text end new text begin party/employernew text end to complete this earnings disclosure deleted text begin worksheet,deleted text end
and have done so truthfully and to the best of my knowledge.
deleted text begin
.
deleted text end |
||
deleted text begin
Signature deleted text end |
||
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
(...)
.
deleted text end |
deleted text begin
Title deleted text end |
deleted text begin
Phone Number deleted text end |
new text begin
Date:
.
new text end |
||
new text begin
Third Party's Name:
.
new text end |
||
new text begin
Third Party's Signature:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 550.143, subdivision 2, is amended to read:
Along with the writ of execution, the notice, instructions,
and the exemption notice described in subdivision 3, the sheriff shall serve upon the financial
institution an execution disclosure form which must be substantially in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Judgment Creditor)
deleted text end |
||
deleted text begin
against deleted text end |
deleted text begin
FINANCIAL INSTITUTIONS deleted text end |
|
deleted text begin
.
(Judgment Debtor)
deleted text end |
deleted text begin
EXECUTION deleted text end |
|
deleted text begin
and deleted text end |
deleted text begin
DISCLOSURE deleted text end |
|
deleted text begin
.
(Third Party)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Execution Disclosure new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
and new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
new text begin
This form is called a "Non-Earnings Disclosure" or "Disclosure." It is being sent to you
because you might be holding property that belongs to the debtor, or you might owe money
to the debtor.
new text end
new text begin
You are the "third party" or "garnishee." The "debtor" is the person who owes money.
The debtor is also called the "judgment debtor." The creditor is the person the debtor owes
money to. The creditor is also called the "judgment creditor." The debtor owes
$....................... to the creditor.
new text end
new text begin
You must list any money or property you owe the debtor on the lines below and sign
the affirmation. Write "none" on the line if that is your answer. You must then return this
disclosure to the creditor (or the creditor's lawyer) within 20 days after you got it.
new text end
deleted text begin
On the ..... day of ............., ......., the time of service of execution herein, there was due
and owing the judgment debtor from the third party the following:
deleted text end
new text begin
Fill in the date you got this disclosure:
new text end
new text begin
..................... (month) ..................... (day), .......................... (year)
new text end
new text begin
On the date you got this disclosure, you owed the debtor:
new text end
(1) Money. deleted text begin Enter on the line below any amounts due and owing the judgment debtor,
except earnings, from the third party.deleted text end new text begin Write down the amount of money you owe the debtor
(except earnings).
new text end
.
new text begin
(2) Property. Write a short description of any personal property, instruments, or papers
belonging to the debtor that you have in your possession. List the monetary value of each
thing.
new text end
new text begin
.
new text end
deleted text begin (2)deleted text end new text begin (3)new text end Setoff. deleted text begin Enter on the line below the amount of any setoff, defense, lien, or claim
which the third party claims against the amount set forth on line (1). State the facts by which
such setoff, defense, lien, or claim is claimed. (Any indebtedness to a third party incurred
by the judgment debtor within ten days prior to the receipt of the first execution levy on a
debt is void as to the judgment creditor.)deleted text end new text begin If you claim a setoff, defense, lien, or claim against
the amount on lines (1) and (2) above, enter that amount on the line below. State the facts
about your claim. Note: Any payment the debtor makes to the garnishee within the 10 days
before they get the first garnishment order on that debt can't be used to lower the amount
that is being garnished.
new text end
.
deleted text begin (3)deleted text end new text begin (4)new text end Exemption. Enter new text begin any amounts or property that the debtor claims is exempt new text end on
the line below deleted text begin any amounts or property claimed by the judgment debtor to be exempt from
executiondeleted text end .
.
deleted text begin (4)deleted text end new text begin (5)new text end Adverse Interest. Enter on the line below any amounts deleted text begin claimed by other persons
by reason of ownership or interest in the judgmentdeleted text end new text begin of thenew text end debtor's propertynew text begin that other people
claim they own or have interest innew text end .
.
deleted text begin (5)deleted text end new text begin (6)new text end Enter deleted text begin on the line belowdeleted text end the total of lines deleted text begin (2), (3), and (4)deleted text end new text begin (3), (4), and (5) on the
line belownew text end .
.
deleted text begin (6)deleted text end new text begin (7)new text end Enter deleted text begin on the line belowdeleted text end the difference obtained (never less than zero) when line
deleted text begin (5)deleted text end new text begin (6)new text end is subtracted from the deleted text begin amount on linedeleted text end new text begin sum of linesnew text end (1)new text begin and (2) on the line belownew text end .
.
deleted text begin (7) Enter on the line belowdeleted text end new text begin (8) Figure outnew text end 110 percent of the amount of the deleted text begin judgmentdeleted text end
creditor's claim which deleted text begin remainsdeleted text end new text begin is stillnew text end unpaid.new text begin Enter it on the line below.
new text end
.
deleted text begin
(8) Enter on the line below the lesser of line (6) and line (7). You are hereby instructed
to remit this amount only if it is $10 or more.
deleted text end
new text begin
(9) Look at (7) and (8). Put the smaller number on the line below. Hold this amount only
if it is $10 or more.
new text end
.
AFFIRMATION
I, ....................... (person signing Affirmation), am the deleted text begin third partydeleted text end new text begin garnisheenew text end or I am
authorized by the deleted text begin third partydeleted text end new text begin garnisheenew text end to complete this deleted text begin nonearningsdeleted text end new text begin non-earningsnew text end new text begin
garnishmentnew text end disclosure, and have done so truthfully and to the best of my knowledge.
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Signature deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Title deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Telephone Number deleted text end |
new text begin
Date:
.
new text end |
||
new text begin
Name:
.
new text end |
||
new text begin
Signature:
.
new text end |
||
new text begin
Title:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 550.143, subdivision 3a, is amended to read:
The notice required by subdivision 3 must be provided as a
separate form and must be substantially in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
||
deleted text begin
.
(Financial institution)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Notice of Levied Funds new text end |
|
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
IMPORTANT NOTICE
deleted text begin
YOUR FUNDS HAVE BEEN LEVIED
deleted text end
new text begin
Money in Your Account Has Been Frozen
new text end
The creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .
Your account balance is $.......
The amount being held is $.......
The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.
Some of your money in your account may be protected (the legal word is exempt).
You may be able to get it sooner than 14 days if you act quickly and follow the
instructions on the next page.
The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account
deleted text begin thatdeleted text end may be protected. If your money deleted text begin isdeleted text end new text begin comesnew text end from deleted text begin one or more of these sourcesdeleted text end new text begin a benefit
on this listnew text end , deleted text begin placedeleted text end new text begin putnew text end a check deleted text begin on the line on the form next to the sources of your moneydeleted text end new text begin in
the box next to itnew text end . deleted text begin If it is from one of these sources,deleted text end The creditor deleted text begin cannotdeleted text end new text begin can'tnew text end take it.
BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions
and return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last
60 days deleted text begin to have the bank unfreeze your moneydeleted text end .new text begin Instructions and the form are attached.new text end If
you deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions, your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the
money to deleted text begin the Sheriffdeleted text end new text begin your creditornew text end . new text begin If your creditor gets an order from the court or writ of
execution, your bank gives the money to them. new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected,
you can still get it back from the creditor laterdeleted text begin , but that is not as easy to do as filling in the
form nowdeleted text end .new text begin But filling out the form now is easiest.
new text end
deleted text begin
See next pages for instructions and the exemption form.
deleted text end
new text begin
See the attached Exemption Form Instructions and Exemption Form for your next steps.
new text end
Minnesota Statutes 2024, section 550.143, subdivision 3b, is amended to read:
The instructions required by this section must be in a
separate form and must be substantially in the following form:
new text begin Exemption Form new text end Instructions
Note: The creditor is who you owe the money to. You are the debtor.
1. Fill out both of the attached exemption forms in this packet.
If you check one of the lines, you should also give proofnew text begin . Use proofnew text end that deleted text begin showsdeleted text end new text begin shownew text end
that some or all of the money in your account is from one or more of the protected sources.new text begin
This might be letters or account statements.new text end Creditors may ask for a hearing if they question
your exemptions.
To avoid a hearing:
new text begin (i) new text end Case numbers should be added to the form.
new text begin (ii) new text end Copies of documents should be sent with the form.
Notice: You must send deleted text begin to the creditor's attorney (or to the creditor, if no attorney)deleted text end copies
of your bank statements for the past 60 days before the deleted text begin levydeleted text end new text begin garnishmentnew text end . new text begin Send them to the
creditor's lawyer (or to the creditor, if there isn't a lawyer). new text end Keep a copy of your bank
statements in case there are questions about your claim. If you deleted text begin do notdeleted text end new text begin don'tnew text end send new text begin bank
statements new text end to the creditor's deleted text begin attorneydeleted text end new text begin lawyernew text end (or to the creditordeleted text begin , if no attorneydeleted text end ) deleted text begin bank statementsdeleted text end new text begin
alongnew text end with your exemption claim, the financial institution may deleted text begin releasedeleted text end new text begin givenew text end your money to
the deleted text begin Sheriffdeleted text end new text begin creditornew text end .new text begin They would do this once the creditor gives them a court order saying
they have to turn over the funds.
new text end
2. Sign the exemption forms. Make deleted text begin onedeleted text end new text begin anew text end copy to keep for yourself.
3. Mail or deliver the other copies of the form by (insert date).
Both Copies Must Be Mailed or Delivered the Same Day.
One copy of the form and the copies of your bank statements go to:
deleted text begin
.
deleted text end
deleted text begin
(Insert name of creditor or creditor's attorney)
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(Insert address of creditor or creditor's attorney)
deleted text end
deleted text begin
One copy goes to:
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(Insert name of bank)
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(Insert address of bank)
deleted text end
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
One copy goes to:
new text end
new text begin
Bank's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
How The Process Works
If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:
14 days after the date of this letter some or all of your money may be turned over to the
creditor deleted text begin or to the sheriffdeleted text end .new text begin This happens once they get an order from the court telling the bank
to do this.
new text end
If Younew text begin Donew text end Send in the Exemption Form and Bank Statements:
Any money that is NOT protected can be turned over to the deleted text begin sheriffdeleted text end new text begin creditor once they
get an order from the courtnew text end .
If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :
The deleted text begin financial institution willdeleted text end new text begin bank shouldnew text end unfreeze your money deleted text begin sixdeleted text end new text begin 6new text end business days after
deleted text begin the institution getsdeleted text end new text begin they getnew text end your completed form.new text begin If they don't, ask the creditor or the
creditor's lawyer to send a release letter to the bank.
new text end
If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :
The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The
creditor has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You
deleted text begin will receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.
The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin
ifnew text end your money is protected or not. Some reasons a creditor may object are because you deleted text begin did
notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin
gotnew text end . Be sure to include these when you send your exemption form.
You may want to talk to a lawyer for advice about this process. If you are low income
you can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .
deleted text begin
PENALTIES:
deleted text end
new text begin
Warnings and Fines
new text end
If you claim that your money is protected and a court decides you made that claim in
bad faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees,
and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100. new text begin Bad faith is when someone does something
wrong on purpose. new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government
benefits deleted text begin thatdeleted text end new text begin andnew text end you deleted text begin do not receivedeleted text end new text begin don'tnew text end .
If the creditor made a bad faith objection to your claim that your money is protected,
the court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional
amount ofdeleted text end new text begin a finenew text end up to $100.
Minnesota Statutes 2024, section 550.143, subdivision 3c, is amended to read:
The exemption form required by this subdivision
must be sent as a separate form and must be in substantially the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
||
deleted text begin
.
(Financial institution)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Exemption Form new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Bank's name new text end |
||
new text begin
.
new text end |
deleted text begin
EXEMPTION FORM
deleted text end
A. |
How Much Money is Protectednew text begin (Exempt) new text end |
.
|
I claim ALL of the money being frozen by the bank is protected. |
.
|
I claim SOME of the money is protected. The amount I claim is protected is $....... |
B. |
Why The Money is Protected |
My money is protected because I get it from one or more of the following places: (Check all that apply) |
|
new text begin
Earnings (Wages) new text end |
|
new text begin
ALL or SOME of my wages may be protected. new text end |
|
new text begin
.
new text end |
new text begin
Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end |
new text begin
For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end |
|
new text begin
(i) 75% or more of your wages (after taxes are taken out), or new text end |
|
new text begin
(ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end |
|
new text begin
All of my wages are protected because: new text end |
|
new text begin
.
new text end |
new text begin
I get government benefits (a list of government benefits is on the next page) new text end |
new text begin
.
new text end |
new text begin
I am getting other assistance based on need new text end |
new text begin
.
new text end |
new text begin
I have gotten government benefits in the last 6 months new text end |
new text begin
.
new text end |
new text begin
I was in jail or prison in the last 6 months new text end |
new text begin
If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end |
|
deleted text begin
.
deleted text end |
Government benefits |
Government benefits deleted text begin include, but are not limited to, the followingdeleted text end new text begin can include many things. For examplenew text end : |
|
deleted text begin
MFIP
deleted text end
deleted text begin
- Minnesota Family Investment Program, deleted text end |
|
deleted text begin
MFIP Diversionary Work Program, deleted text end |
|
deleted text begin
Work participation cash benefit, deleted text end |
|
deleted text begin
GA
deleted text end
deleted text begin
- General Assistance, deleted text end |
|
deleted text begin
EA
deleted text end
deleted text begin
- emergency assistance, deleted text end |
|
deleted text begin
MA
deleted text end
deleted text begin
- medical assistance, deleted text end |
|
deleted text begin
EGA
deleted text end
deleted text begin
- emergency general assistance, deleted text end |
|
deleted text begin
MSA
deleted text end
deleted text begin
- Minnesota Supplemental Aid, deleted text end |
|
deleted text begin
MSA-EA
deleted text end
deleted text begin
- MSA Emergency Assistance, deleted text end |
|
deleted text begin
Supplemental Nutrition Assistance Program (SNAP), deleted text end |
|
deleted text begin
SSI - Supplemental Security Income, deleted text end |
|
deleted text begin
MinnesotaCare, deleted text end |
|
deleted text begin
Medicare Part B premium payments, deleted text end |
|
deleted text begin
Medicare Part D extra help, deleted text end |
|
deleted text begin
Energy or fuel assistance. deleted text end |
|
new text begin
(i) MFIP - Minnesota Family Investment Program new text end |
|
new text begin
(ii) DWP - MFIP Diversionary Work Program new text end |
|
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program new text end |
|
new text begin
(iv) GA - General Assistance new text end |
|
new text begin
(v) EGA - Emergency General Assistance new text end |
|
new text begin
(vi) MSA - Minnesota Supplemental Aid new text end |
|
new text begin
(vii) MSA-EA - MSA Emergency Assistance new text end |
|
new text begin
(viii) EA - Emergency Assistance new text end |
|
new text begin
(ix) Energy or Fuel Assistance new text end |
|
new text begin
(x) Work Participation Cash Benefit new text end |
|
new text begin
(xi) MA - Medical Assistance new text end |
|
new text begin
(xii) MinnesotaCare new text end |
|
new text begin
(xiii) Medicare Part B - Premium Payments help new text end |
|
new text begin
(xiv) Medicare Part D - Extra new text end |
|
new text begin
(xv) SSI - Supplemental Security Income new text end |
|
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), MN Working family credit new text end |
|
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end |
|
deleted text begin
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end |
|
deleted text begin
.
deleted text end |
|
List the case number and countynew text begin for every box you checked: new text end |
|
Case Number:
.
new text begin
County:
.
new text end |
|
new text begin
Case Number:
.
County:
.
new text end |
|
new text begin
Case Number:
.
County:
.
new text end |
|
deleted text begin
County:
.
deleted text end |
|
Government benefits also include: |
|
.
|
Social Security benefits |
.
|
Unemployment benefits |
.
|
Workers' compensation |
.
|
deleted text begin Veteransdeleted text end new text begin Veterans'new text end benefits |
If you deleted text begin receivedeleted text end new text begin getnew text end any of these government benefits, include copies of any documents deleted text begin you havedeleted text end that show you deleted text begin receive Social Security, unemployment, workers' compensation, or veterans benefitsdeleted text end new text begin get themnew text end . |
|
deleted text begin
.
deleted text end |
deleted text begin
Other assistance based on need deleted text end |
new text begin
.
new text end |
new text begin
I get other assistance based on need that is not on the list. It comes from:
.
new text end |
new text begin
.
new text end |
|
new text begin
Make sure you include copies of any documents that show this. new text end |
deleted text begin
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:
deleted text end
deleted text begin
Source:
.
deleted text end
deleted text begin
Include copies of any documents you have that show the source of this money.
deleted text end
deleted text begin
EARNINGS deleted text end |
|
deleted text begin
ALL or SOME of your earnings (wages) may also be protected. deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
All of your earnings (wages) are protected if: deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
You get government benefits (see list of government benefits) deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
You currently receive other assistance based on need deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
You have received government benefits in the last six months deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
You were in jail or prison in the last six months deleted text end |
deleted text begin
If you check one of these lines, 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. deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Some of your earnings (wages) are protected. deleted text end |
deleted text begin
If all of your earnings are not exempt, then 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: deleted text end |
|
deleted text begin
75 percent of your wages (after taxes are taken out); or deleted text end |
|
deleted text begin
(insert the sum of the current federal minimum wage) multiplied by 40. deleted text end |
|
new text begin
C. new text end |
Other deleted text begin Exemptdeleted text end new text begin Protectednew text end Funds |
The money from deleted text begin the followingdeleted text end new text begin these thingsnew text end are also completely protected after they are deposited in deleted text begin yourdeleted text end new text begin mynew text end account. |
|
new text begin
.
new text end |
new text begin
Child support new text end |
.
|
deleted text begin An accident, disability, or retirementdeleted text end new text begin A retirement, disability, or accident new text end pension or annuity |
new text begin
.
new text end |
new text begin
Earnings of my child who is under 18 years of age new text end |
.
|
Payments to deleted text begin youdeleted text end new text begin menew text end from a life insurance policy |
deleted text begin
.
deleted text end |
deleted text begin
Earnings of your child who is under 18 years of age deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Child support deleted text end |
.
|
Money paid to deleted text begin youdeleted text end new text begin menew text end from a claim for damage or destruction of propertynew text begin .new text end Property includes household goods, farm tools or machinery, tools for deleted text begin yourdeleted text end new text begin mynew text end job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances. |
.
|
Death benefits paid to deleted text begin youdeleted text end new text begin me new text end |
I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information
about my benefits to the deleted text begin above-nameddeleted text end creditordeleted text begin , or its attorneydeleted text end new text begin named above or to the creditor's
lawyernew text end . The information will ONLY deleted text begin concern whetherdeleted text end new text begin be ifnew text end I get deleted text begin benefits or notdeleted text end new text begin assistancenew text end ,
or deleted text begin whetherdeleted text end new text begin ifnew text end I have gotten deleted text begin themdeleted text end new text begin assistancenew text end in the past deleted text begin sixdeleted text end new text begin 6new text end months.new text begin If I was an inmate in
the last 6 months, I give my permission to the correctional institution to tell the creditor
named above or the creditor's lawyer that I was an inmate there.
new text end
deleted text begin
If I was an inmate in the last six months, I give my permission to the correctional
institution to tell the above-named creditor that I was an inmate there.
deleted text end
You must sign deleted text begin and senddeleted text end this form new text begin and send it new text end back to the creditor's deleted text begin Attorneydeleted text end new text begin lawyernew text end
(or to the creditor, if new text begin there is new text end no deleted text begin attorneydeleted text end new text begin lawyernew text end ) and the bank. Remember to include
a copy of your bank statements for the past 60 days. Fill in the blanks below and go
back to the instructions to make sure you deleted text begin dodeleted text end new text begin didnew text end it correctly.
I deleted text begin havedeleted text end mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor's lawyer (or to the creditor,
if there is no lawyer) at the address listed below.
new text end
deleted text begin
.
deleted text end
deleted text begin
(Insert name of creditor or creditor's attorney)
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(Insert address of creditor or creditor's attorney)
deleted text end
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address
listed deleted text begin in the instructions.deleted text end new text begin below:
new text end
deleted text begin
DATED:
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
DEBTOR deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR ADDRESS deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR TELEPHONE NUMBER deleted text end |
new text begin
Bank's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
Date:
.
new text end |
||
new text begin
Debtor's Signature:
.
new text end |
||
new text begin
Debtor's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
||
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 551.05, subdivision 1b, is amended to read:
The notice must be a separate form and must be substantially
in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
||||
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
||||
deleted text begin
.
deleted text end |
deleted text begin
(Creditor) deleted text end |
||||
deleted text begin
.
deleted text end |
deleted text begin
(Debtor) deleted text end |
||||
deleted text begin
.
deleted text end |
deleted text begin
(Financial institution) deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name: new text end |
||
new text begin
.
new text end |
||
new text begin
Debtor's full name: new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other): new text end |
||
new text begin
.
new text end |
IMPORTANT NOTICE
deleted text begin
YOUR FUNDS HAVE BEEN LEVIED
deleted text end
new text begin
Money in Your Account Has Been Frozen
new text end
The creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .
Your account balance is $.......
The amount being held is $.......
The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.
Some of your money in your account may be protected (the legal word is exempt). You
may be able to get it sooner than 14 days if you act quickly and follow the instructions
on the next page.
The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account
deleted text begin thatdeleted text end may be protected. If your money deleted text begin is from one or more of these sources, place a check
on the line on the form next to the sources of your money. If it is from one of these sources,
the Creditor cannot take itdeleted text end new text begin comes from a benefit on this list, put a check on the line next to
it. The creditor can't take itnew text end .
BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions and
return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last 60
daysdeleted text begin to have the bank unfreeze your moneydeleted text end .new text begin Instructions and the form are attached.new text end If you
deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions, your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the money
to deleted text begin thedeleted text end new text begin yournew text end creditor.new text begin If your creditor gets an order from the court or writ of execution, your
bank gives the money to them.new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected, you can still
get it back from the creditor laterdeleted text begin , but that is not as easy to do as filling in the form nowdeleted text end .new text begin
But filling out the form now is easiest.
new text end
deleted text begin
See next pages for instructions and the exemption form.
deleted text end
Minnesota Statutes 2024, section 551.05, subdivision 1c, is amended to read:
The instructions required must be in a separate form
and must be substantially in the following form:
INSTRUCTIONS
Note: The creditor is who you owe the money to. You are the debtor.
1. Fill out both of the attached exemption forms in this packet.
deleted text begin
If you check one of the lines, you should also give proof that shows that some or all of
the money in your account is from one or more of the protected sources. Creditors
may ask for a hearing if they question your exemptions. To avoid a hearing:
deleted text end
deleted text begin
Case numbers should be added to the form. Copies of documents should be sent
with the form.
deleted text end
new text begin
If you check one of the lines, you should also give proof. Use proof that shows that some
or all of the money in your account is from one or more of the protected sources. This might
be letters or account statements. Creditors may ask for a hearing if they question your
exemptions.
new text end
new text begin
To avoid a hearing:
new text end
new text begin
(i) Case numbers should be added to the form.
new text end
new text begin
(ii) Copies of documents should be sent with the form.
new text end
deleted text begin
Notice: YOU MUST SEND TO THE CREDITOR'S ATTORNEY (OR TO THE
CREDITOR, IF NO ATTORNEY) COPIES OF YOUR BANK STATEMENTS FOR
THE PAST 60 DAYS BEFORE THE LEVY. Keep a copy of your bank statements in
case there are questions about your claim. If you do not send to the creditor's attorney
(or to the creditor, if no attorney) bank statements with your exemption claim, the
financial institution may release your money to the creditor.
deleted text end
new text begin
Notice: You must send copies of your bank statements for the past 60 days before the
garnishment. Send them to the creditor (or to the creditor's lawyer). Keep a copy of your
bank statements in case there are questions about your claim. If you don't send bank
statements to the creditor (or to the creditor's lawyer) along with your exemption claim, the
financial institution may give your money to the creditor. They would do this once the
creditor gives them a court order saying they have to turn over the funds.
new text end
2. Sign the exemption forms. Make one copy to keep for yourself.
3. Mail or deliver the other copies of the form by (insert date).
Both Copies Must Be Mailed or Delivered the Same Day.
One copy of the form and the copies of your bank statements go to:
new text begin
Creditor's Name:
.
new text end |
|
deleted text begin
(Insert name of creditor or creditor's attorney)
deleted text end
new text begin
(or creditor's lawyer's name) new text end |
|
new text begin
Street Address:
.
new text end |
|
deleted text begin
(Insert address of creditor or creditor's attorney)
deleted text end
new text begin
City/State/Zip:
.
new text end |
|
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
new text begin
Email:
.
new text end |
One copy goes to:
new text begin
Bank's Name:
.
new text end |
|
deleted text begin
(Insert name of bank)
deleted text end
new text begin
Street Address:
.
new text end |
|
new text begin
City/State/Zip:
.
new text end |
|
deleted text begin
(Insert address of bank)
deleted text end
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
new text begin
Email:
.
new text end |
How The Process Works
If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:
14 days after the date of this letter some or all of your money may be turned over to the
creditor deleted text begin pursuant to Minnesota statutedeleted text end .new text begin This happens once they get an order from the court
telling the bank to do this.
new text end
If You new text begin Do new text end Send in the Exemption Form and Bank Statements:
Any money that is NOT protected can be turned over to the creditornew text begin once they get an order
from the courtnew text end .
If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :
deleted text begin
The financial institution will unfreeze your money six business days after the institution
gets your completed form.
deleted text end
new text begin
The bank should unfreeze your money 6 business days after they
get your completed form. If they don't, ask the creditor or the creditor's lawyer to send a
release letter to the bank.
new text end
If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :
The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The creditor
has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You deleted text begin will
receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.
The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin ifnew text end
your money is protected or not. Some reasons a creditor may object are because you deleted text begin did
notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin
gotnew text end . Be sure to include these when you send your exemption form.
You may want to talk to a lawyer for advice about this process. If you are low income you
can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .
deleted text begin PENALTIESdeleted text end new text begin Warnings and Finesnew text end :
If you claim that your money is protected and a court decides you made that claim in bad
faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and
deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100.new text begin Bad faith is when someone does something wrong
on purpose.new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government
benefits deleted text begin that you do not receivedeleted text end new text begin and you don'tnew text end .
If the creditor made a bad faith objection to your claim that your money is protected, the
court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional
amount ofdeleted text end new text begin a finenew text end up to $100.
Minnesota Statutes 2024, section 551.05, subdivision 1d, is amended to read:
The exemption form required by this subdivision
must be a separate form and must be in substantially the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
||||
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
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.
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(Creditor) deleted text end |
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.
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(Debtor) deleted text end |
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.
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(Financial institution) deleted text end |
new text begin
State of Minnesota new text end |
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District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
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new text begin
Creditor's full name: new text end |
||
new text begin
.
new text end |
new text begin
Exemption Form new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name: new text end |
||
new text begin
.
new text end |
||
new text begin
Bank's name: new text end |
||
new text begin
.
new text end |
deleted text begin
EXEMPTION FORM
deleted text end
A. |
How Much Money Is Protectednew text begin (exempt) new text end |
|
deleted text begin
.
deleted text end |
new text begin ... new text end I claim ALL of the money being frozen by the bank is protected. |
|
deleted text begin
.
deleted text end |
new text begin ... new text end I claim SOME of the money is protected. The amount I claim is protected is $.......new text begin . new text end |
|
B. |
Why The Money Is Protected |
|
My money is protected because I get it from one or more of the following places: (Check all that apply) |
||
new text begin
Earnings (Wages) new text end |
||
new text begin
ALL or SOME of my wages may be protected. new text end |
||
new text begin
... Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end |
||
new text begin
For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end |
||
new text begin
(i) 75% of your wages or more (after taxes are taken out), or new text end |
||
new text begin
(ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end |
||
new text begin
new text begin Allnew text end of my wages are protected because: new text end |
||
new text begin
... I get government benefits (a list of government benefits is on the next page) new text end |
||
new text begin
... I am getting other assistance based on need new text end |
||
new text begin
... I have gotten government benefits in the last 6 months new text end |
||
new text begin
... I was in jail or prison in the last 6 months new text end |
||
new text begin
If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end |
||
deleted text begin
.
deleted text end |
Government benefits |
|
Government benefits new text begin can new text end includedeleted text begin , but are not limited to, the followingdeleted text end new text begin many things. For examplenew text end : |
||
deleted text begin
MFIP
deleted text end
deleted text begin
- Minnesota family investment program, deleted text end |
||
deleted text begin
MFIP Diversionary Work Program, deleted text end |
||
deleted text begin Work participation cash benefit, deleted text end |
||
deleted text begin
GA
deleted text end
deleted text begin
- general assistance, deleted text end |
||
deleted text begin
EA
deleted text end
deleted text begin
- emergency assistance, deleted text end |
||
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MA
deleted text end
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- medical assistance, deleted text end |
||
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EGA
deleted text end
deleted text begin
- emergency general assistance, deleted text end |
||
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MSA
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deleted text begin
- Minnesota supplemental aid, deleted text end |
||
deleted text begin
MSA-EA
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deleted text begin
- MSA emergency assistance, deleted text end |
||
deleted text begin
Supplemental Nutrition Assistance Program (SNAP), deleted text end |
||
deleted text begin
SSI - Supplemental Security Income, deleted text end |
||
deleted text begin
MinnesotaCare, deleted text end |
||
deleted text begin
Medicare Part B premium payments, deleted text end |
||
deleted text begin
Medicare Part D extra help, deleted text end |
||
deleted text begin
Energy or fuel assistance. deleted text end |
||
deleted text begin
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
LIST THE CASE NUMBER AND COUNTY deleted text end |
||
deleted text begin
Case Number:
deleted text end
.
|
||
deleted text begin
County:
deleted text end
.
|
||
deleted text begin
Government benefits also include: deleted text end |
||
.
|
deleted text begin
Social Security benefits deleted text end |
|
.
|
deleted text begin
Unemployment benefits deleted text end |
|
.
|
deleted text begin
Workers' compensation deleted text end |
|
.
|
deleted text begin
Veterans benefits deleted text end |
|
deleted text begin
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. deleted text end |
||
.
|
deleted text begin
Other assistance based on need deleted text end |
deleted text begin
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:
deleted text end
deleted text begin
Source:
.
deleted text end
deleted text begin
Include copies of any documents you have that show the source of this money.
deleted text end
deleted text begin
EARNINGS deleted text end |
||
deleted text begin
ALL or SOME of your earnings (wages) may also be protected. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
All of your earnings (wages) are protected if: deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You get government benefits (see list of government benefits) deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You currently receive other assistance based on need deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You have received government benefits in the last six months deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You were in jail or prison in the last six months deleted text end |
|
deleted text begin
If you check one of these lines, 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. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
Some of your earnings (wages) are protected. deleted text end |
|
deleted text begin
If all of your earnings are not exempt, then 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: deleted text end |
||
deleted text begin
75 percent of your wages (after taxes are taken out); or deleted text end |
||
deleted text begin
(insert the sum of the current federal minimum wage) multiplied by 40. deleted text end |
||
deleted text begin
OTHER EXEMPT FUNDS deleted text end |
||
deleted text begin
The money from the following are also completely protected after they are deposited in your account. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
An accident, disability, or retirement pension or annuity deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Payments to you from a life insurance policy deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Earnings of your child who is under 18 years of age deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Child support deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
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. deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Death benefits paid to you deleted text end |
new text begin
(i) MFIP - Minnesota Family Investment Program new text end |
|
new text begin
(ii) DWP - MFIP Diversionary Work Program new text end |
|
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program new text end |
|
new text begin
(iv) GA - General Assistance new text end |
|
new text begin
(v) EGA - Emergency General Assistance new text end |
|
new text begin
(vi) MSA - Minnesota Supplemental Aid new text end |
|
new text begin
(vii) MSA-EA - MSA Emergency Assistance new text end |
|
new text begin
(viii) EA - Emergency Assistance new text end |
|
new text begin
(ix) Energy or Fuel Assistance new text end |
|
new text begin
(x) Work Participation Cash Benefit new text end |
|
new text begin
(xi) MA - Medical Assistance new text end |
|
new text begin
(xii) MinnesotaCare new text end |
|
new text begin
(xiii) Medicare Part B - Premium Payments help new text end |
|
new text begin
(xiv) Medicare Part D - Extra new text end |
|
new text begin
(xv) SSI - Supplemental Security Income new text end |
|
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end |
|
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end |
new text begin
List the case number and county for every box you checked: new text end |
|
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Government benefits also include: new text end |
|
new text begin
... Social Security benefits new text end |
|
new text begin
... Unemployment benefits new text end |
|
new text begin
... Workers' compensation new text end |
|
new text begin
... Veterans' benefits new text end |
new text begin
If you get any of these government benefits, include copies of any documents that show
you get them.
new text end
new text begin
... I get other assistance based on need that is not on the list. It comes from:
new text end
.
new text begin
Make sure you include copies of any documents that show this.
new text end
new text begin
C. new text end |
new text begin
Other Protected Funds new text end |
new text begin
The money from these things are also completely protected after they are deposited in my account. new text end |
|
new text begin
... Child Support new text end |
|
new text begin
... A retirement, disability, or accident pension or annuity new text end |
|
new text begin
... Earnings of my child who is under 18 years of age new text end |
|
new text begin
... Payments to me from a life insurance policy new text end |
|
new text begin
... Money paid to me from a claim for damage or destruction of property. Property includes household goods, farm tools or machinery, tools for my job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances. new text end |
|
new text begin
... Death benefits paid to me new text end |
I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information
about my benefits to the deleted text begin above-named creditor, or its attorneydeleted text end new text begin creditor named above or to
the creditor's lawyernew text end . The information will ONLY deleted text begin concern whether I get benefits or not, or
whether I have gotten them in the past six monthsdeleted text end new text begin be if I get assistance, or if I have gotten
assistance in the past 6 monthsnew text end .new text begin new text end If I was an inmate in the last deleted text begin sixdeleted text end new text begin 6new text end months, I give my
permission to the correctional institution to tell the deleted text begin above-nameddeleted text end creditornew text begin named above or
the creditor's lawyernew text end that I was an inmate there.
deleted text begin
YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S
ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) AND THE BANK.
REMEMBER TO INCLUDE A COPY OF YOUR BANK STATEMENTS FOR THE
PAST 60 DAYS. FILL IN THE BLANKS BELOW AND GO BACK TO THE
INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.
deleted text end
new text begin
You must sign this form and send it back to the creditor's lawyer (or to the creditor,
if there is no lawyer) and the bank. Remember to include a copy of your bank
statements for the past 60 days. Fill in the blanks below and go back to the instructions
to make sure you did it correctly.
new text end
I have mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor (or creditor's lawyer) at
the address listed below.
new text end
new text begin
Creditor's Signature:
.
new text end |
(deleted text begin Insert name of creditordeleted text end or creditor's deleted text begin attorneydeleted text end new text begin lawyer's signaturenew text end ) |
new text begin
Creditor's Name:
.
new text end |
(deleted text begin Insert address of creditordeleted text end or creditor's deleted text begin attorneydeleted text end new text begin lawyer's namenew text end ) |
new text begin
Street Address:
.
new text end |
|
new text begin
City/State/Zip:
.
new text end |
|
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
new text begin
Email:
.
new text end |
I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address
listed deleted text begin in the instructions.deleted text end new text begin below:
new text end
deleted text begin
DATED:
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
DEBTOR deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR ADDRESS deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR TELEPHONE NUMBER deleted text end |
new text begin
Bank's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
Date:
.
new text end |
||
new text begin
Debtor's Signature:
.
new text end |
||
new text begin
Debtor's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
||
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 551.06, subdivision 6, is amended to read:
Before the first levy on earnings, the attorney for
the judgment creditor shall serve upon the judgment debtor no less than ten days before the
service of the writ of execution, a notice that the writ of execution may be served on the
judgment debtor's employer. The notice must: (1) be substantially in the form set forth
below; (2) be served personally, in the manner of a summons and complaint, or by first
class mail to the last known address of the judgment debtor; (3) inform the judgment debtor
that an execution levy may be served on the judgment debtor's employer in ten days, and
that the judgment debtor may, within that time, cause to be served on the judgment creditor's
attorney a signed statement under penalties of perjury asserting an entitlement to an
exemption from execution; (4) inform the judgment debtor of the earnings exemptions
contained in section 550.37, subdivision 14; and (5) advise the judgment debtor of the relief
set forth in this chapter to which the judgment debtor may be entitled if a judgment creditor
in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed
against a judgment debtor who in bad faith falsely claims an exemption or in bad faith takes
action to frustrate the execution process. The notice requirement of this subdivision does
not apply to a levy on earnings being held by an employer pursuant to a garnishment
summons served in compliance with chapter 571.
The ten-day notice informing a judgment debtor that a writ of execution may be used
to levy the earnings of an individual must be substantially in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
||||
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
||||
deleted text begin
.
deleted text end |
deleted text begin
(Judgment Creditor) deleted text end |
||||
deleted text begin
against deleted text end |
|||||
deleted text begin
EXECUTION EXEMPTION deleted text end |
|||||
deleted text begin
NOTICE AND NOTICE OF deleted text end |
|||||
deleted text begin
.
deleted text end |
deleted text begin
(Judgment Debtor) deleted text end |
deleted text begin
INTENT TO LEVY ON EARNINGS deleted text end |
|||
deleted text begin
and deleted text end |
deleted text begin
WITHIN TEN DAYS deleted text end |
||||
deleted text begin
.
deleted text end |
deleted text begin
(Third Party) deleted text end |
deleted text begin
PLEASE TAKE NOTICE that A levy may be served upon your employer or other third
parties, without any further court proceedings or notice to you, ten days or more from the
date hereof. Your earnings are completely exempt from execution levy if you are now a
recipient of relief based on need, if you have been a recipient of relief within the last six
months, or if you have been an inmate of a correctional institution in the last six months.
deleted text end
deleted text begin
Relief based on need includes the Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General
Assistance (GA), Emergency General Assistance (EGA), Minnesota Supplemental Aid
(MSA), MSA Emergency Assistance (MSA-EA), Supplemental Security Income (SSI), and
Energy Assistance.
deleted text end
deleted text begin
If you wish to claim an exemption, you should fill out the appropriate form below, sign
it, and send it to the judgment creditor's attorney.
deleted text end
deleted text begin
You may wish to contact the attorney for the judgment creditor in order to arrange for
a settlement of the debt or contact an attorney to advise you about exemptions or other
rights.
deleted text end
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
new text begin
Court File Number:
.
new text end |
|
new text begin
Case Type:
.
new text end |
|
new text begin
Creditor's full name: new text end |
|
new text begin
.
new text end |
new text begin
Execution Exemption Notice and Notice of new text end |
new text begin
against new text end |
new text begin
Intent to Levy on Earnings new text end |
new text begin
Debtor's full name: new text end |
|
new text begin
.
new text end |
|
new text begin
and new text end |
|
new text begin
Third Party (bank, employer, or other): new text end |
|
new text begin
.
new text end |
new text begin
Notice: A levy may be served on your employer or other third parties. A levy means that
part of your earnings can be taken to pay off debts that you owe. This can happen in
10 days or more after you get this notice. This can happen without any other court action
or notice to you. But some of your money may be protected.
new text end
new text begin
Your earnings cannot be taken if:
new text end
new text begin
(i) you are getting government assistance based on need,
new text end
new text begin
(ii) you got any government assistance based on need in the last 6 months, or
new text end
new text begin
(iii) you were an inmate of a correctional institution in the last 6 months.
new text end
new text begin
These are called exemptions. Your money is NOT protected unless you fill out the
Exemption Claim Notice attached and send it back to the creditor or the creditor's
lawyer. If you are not sure if you have any exemptions, talk to a lawyer.
new text end
new text begin
You can also contact the creditor or their lawyer to talk about a settlement of the debt.
new text end
new text begin
Examples of government assistance based on need: new text end |
|
new text begin
(i) MFIP - Minnesota Family Investment Program new text end |
|
new text begin
(ii) DWP - MFIP Diversionary Work Program new text end |
|
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program new text end |
|
new text begin
(iv) GA - General Assistance new text end |
|
new text begin
(v) EGA - Emergency General Assistance new text end |
|
new text begin
(vi) MSA - Minnesota Supplemental Aid new text end |
|
new text begin
(vii) MSA-EA - MSA Emergency Assistance new text end |
|
new text begin
(viii) EA - Emergency Assistance new text end |
|
new text begin
(ix) Energy or Fuel Assistance new text end |
|
new text begin
(x) Work Participation Cash Benefit new text end |
|
new text begin
(xi) MA - Medical Assistance new text end |
|
new text begin
(xii) MinnesotaCare new text end |
|
new text begin
(xiii) Medicare Part B - Premium Payments help new text end |
|
new text begin
(xiv) Medicare Part D - Extra new text end |
|
new text begin
(xv) SSI - Supplemental Security Income new text end |
|
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end |
|
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end |
deleted text begin
PENALTIES
deleted text end
new text begin
Warnings and Fines
new text end
(1) deleted text begin Be advised that even if you claim an exemption, an execution levy may still be served
on your employer. If your earnings are levied on after you claim an exemption, you may
petition the court for a determination of your exemption. If the court finds that the
judgment creditor disregarded your claim of exemption in bad faith, you will be entitled
to costs, reasonable attorney fees, actual damages, and an amount not to exceed $100.deleted text end new text begin
Even if you claim an exemption, a levy may still be served on your employer. If they
take money from you after you claim an exemption, you may ask the court to review
your exemption. If the court finds that the creditor ignored your claim of exemption in
bad faith, you are entitled to costs, reasonable lawyer fees, actual damages, and a fine
up to $100. Bad faith is when someone does something wrong on purpose.
new text end
(2) deleted text begin HOWEVER, BE WARNED if you claim an exemption, the judgment creditor can
also petition the court for a determination of your exemption, and if the court finds that
you claimed an exemption in bad faith, you will be assessed costs and reasonable
attorney's fees plus an amount not to exceed $100.deleted text end new text begin BUT if you claim an exemption, the
creditor can also ask the court to review your exemption. If the court finds that you
claimed an exemption in bad faith, you are charged costs and reasonable lawyer fees,
and a fine up to $100.
new text end
(3) deleted text begin If after receipt of this notice, you in bad faith take action to frustrate the execution
levy, thus requiring the judgment creditor to petition the court to resolve the problem,
you will be liable to the judgment creditor for costs and reasonable attorney's fees plus
an amount not to exceed $100.deleted text end new text begin If you get this notice, then do something in bad faith to
try to block or stop the levy and the creditor has to take you to court because of it, you
will have to pay the creditor's costs, and reasonable lawyer's fees, and a fine up to $100.
new text end
deleted text begin
DATED:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
(Attorney for Judgment Creditor) deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Address deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Telephone deleted text end |
new text begin
Date:
.
new text end |
|
new text begin
Creditor's Signature:
.
new text end |
|
new text begin
(or creditor's lawyer's signature) new text end |
|
new text begin
Creditor's Name:
.
new text end |
|
new text begin
(or creditor's lawyer's name) new text end |
|
new text begin
Street Address:
.
new text end |
|
new text begin
City/State/Zip:
.
new text end |
|
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
new text begin
Email:
.
new text end |
deleted text begin
JUDGMENT DEBTOR'S EXEMPTION CLAIM NOTICE
deleted text end
new text begin
Debtor's Exemption Claim Notice
new text end
I deleted text begin herebydeleted text end claim that my earnings are exempt deleted text begin from executiondeleted text end because:new text begin (check all that
apply)
new text end
deleted text begin (1)deleted text end new text begin ...new text end I am deleted text begin presently a recipient of reliefdeleted text end new text begin getting government assistance new text end based on need.
(deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from which
relief is being receiveddeleted text end new text begin you got it fromnew text end .)
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Program deleted text end |
deleted text begin
Case Number (if known) deleted text end |
deleted text begin
County deleted text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
deleted text begin (2)deleted text end new text begin ...new text end I am not deleted text begin now receiving reliefdeleted text end new text begin getting assistancenew text end based on neednew text begin right nownew text end , but I
deleted text begin have received reliefdeleted text end new text begin did get government assistancenew text end based on need within the last deleted text begin sixdeleted text end new text begin 6new text end
months. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from
which relief has been receiveddeleted text end new text begin you got it fromnew text end .)
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Program deleted text end |
deleted text begin
Case Number (if known) deleted text end |
deleted text begin
County deleted text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
deleted text begin (3)deleted text end new text begin ...new text end I deleted text begin have beendeleted text end new text begin wasnew text end an inmate of a correctional institution within the last deleted text begin sixdeleted text end new text begin 6new text end months.
(deleted text begin Specifydeleted text end new text begin Statenew text end the correctional institution and location.)
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
Correctional Institution
.
|
Location
.
|
deleted text begin
I hereby authorize any agency that has distributed relief to me or any correctional
institution in which I was an inmate to disclose to the above-named judgment creditor or
the judgment creditor's attorney only whether or not I am or have been a recipient of relief
based on need or an inmate of a correctional institution within the last six months. I have
mailed or delivered a copy of this form to the creditor or creditor's attorney.
deleted text end
deleted text begin
DATE:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Judgment Debtor deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Address deleted text end |
new text begin
I give my permission to any agency listed above to give information about my benefits to
the creditor named above, or to the creditor's lawyer. The information will ONLY be if I
get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the
last 6 months, I give my permission to the correctional institution to tell the creditor named
above or the creditor's lawyer that I was an inmate there.
new text end
new text begin
Date:
.
new text end |
|
new text begin
Debtor's Signature:
.
new text end |
|
new text begin
Debtor's Name:
.
new text end |
|
new text begin
Street Address:
.
new text end |
|
new text begin
City/State/Zip:
.
new text end |
|
new text begin
Phone:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 551.06, subdivision 9, is amended to read:
The attorney for the
judgment creditor shall serve upon the judgment debtor's employer a notice of levy on
earnings and an execution earnings disclosure form and an earnings disclosure worksheet
with the writ of execution, that must be substantially in the form set forth below.
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
||||
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
||||
deleted text begin
FILE NO.
.
deleted text end |
|||||
deleted text begin
.
deleted text end |
deleted text begin
(Judgment Creditor) deleted text end |
||||
deleted text begin
against deleted text end |
deleted text begin
NOTICE OF LEVY ON deleted text end |
||||
deleted text begin
EARNINGS AND DISCLOSURE deleted text end |
|||||
deleted text begin
.
deleted text end |
deleted text begin
(Judgment Debtor) deleted text end |
||||
deleted text begin
and deleted text end |
|||||
deleted text begin
.
deleted text end |
deleted text begin
(Third Party) deleted text end |
deleted text begin
PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, sections 551.04 and
551.06, the undersigned, as attorney for the judgment creditor, hereby makes demand and
levies execution upon all earnings due and owing by you (up to $10,000) to the judgment
debtor for the amount of the judgment specified below. A copy of the writ of execution
issued by the court is enclosed. The unpaid judgment balance is $.....
deleted text end
deleted text begin
This levy attaches all unpaid nonexempt disposable earnings owing or to be owed by
you and earned or to be earned by the judgment debtor before and within the pay period in
which the writ of execution is served and within all subsequent pay periods whose paydays
occur within the 90 days after the service of this levy.
deleted text end
deleted text begin
In responding to this levy, you are to complete the attached disclosure form and worksheet
and mail it to the undersigned attorney for the judgment creditor, together with your check
payable to the above-named judgment creditor, for the nonexempt amount owed by you to
the judgment debtor or for which you are obligated to the judgment debtor, within the time
limits set forth in the aforementioned statutes.
deleted text end
deleted text begin
.
deleted text end |
|
deleted text begin
Attorney for the Judgment Creditor deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
Address deleted text end |
|
deleted text begin
(...)
.
deleted text end |
|
deleted text begin
Phone Number deleted text end |
deleted text begin
DISCLOSURE
deleted text end
deleted text begin
DEFINITIONS
deleted text end
deleted text begin
"EARNINGS": For the purpose of execution, "earnings" means compensation paid or
payable to an employee for personal services or compensation paid or payable to the producer
for the sale of agricultural products; milk or milk products; or fruit or other horticultural
products produced when the producer is operating a family farm, a family farm corporation,
or an authorized farm corporation, as defined in section 500.24, subdivision 2, whether
denominated as wages, salary, commission, bonus, or otherwise, and includes periodic
payments pursuant to a pension or retirement.
deleted text end
deleted text begin
"DISPOSABLE EARNINGS": Means that part of the earnings of an individual remaining
after the deduction from those earnings of amounts required by law to be withheld. (Amounts
required by law to be withheld do not include items such as health insurance, charitable
contributions, or other voluntary wage deductions.)
deleted text end
deleted text begin
"PAYDAY": For the purpose of execution, "payday(s)" means the date(s) upon which
the employer pays earnings to the judgment debtor in the ordinary course of business. If
the judgment debtor has no regular payday, payday(s) means the 15th and the last day of
each month.
deleted text end
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name: new text end |
||
new text begin
.
new text end |
new text begin
Notice of Levy on Earnings for Non-Child Support Judgements new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name: new text end |
||
new text begin
.
new text end |
||
new text begin
and new text end |
||
new text begin
Third Party (Debtor's Employer): new text end |
||
new text begin
.
new text end |
new text begin
To the employer:
new text end
new text begin
An employee of yours owes a judgment (money) to a creditor. The creditor's lawyer is
starting a levy on the earnings you owe the employee. A levy means that you might have
to hold part of the employee's earnings and send it to the creditor. By law, you have to do
this. The limit on the levy is $10,000. A copy of the writ of execution from the court is
enclosed. The amount of the judgment is $........
new text end
new text begin
The levy applies to "nonexempt disposable earnings" that you owe the employee. There are
definitions and instructions below on how to calculate the amount, if any, you have to hold.
The levy starts with the pay period when you got this levy. It continues for all pay periods
in the 90 days after you got this levy.
new text end
new text begin
You must complete the attached disclosure form and worksheet. Then mail it to the lawyer
listed below. If any money is owed under the levy, you must also send a check payable to
the creditor listed above. Follow the steps and the deadlines explained below.
new text end
new text begin
Creditor's Name:
.
new text end |
|
new text begin
Creditor's Lawyer's Name:
.
new text end |
|
new text begin
Street Address:
.
new text end |
|
new text begin
City/State/Zip:
.
new text end |
|
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
new text begin
Email:
.
new text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name: new text end |
||
new text begin
.
new text end |
new text begin
Earnings Disclosure and Worksheet For Non-Child Support Judgements new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name: new text end |
||
new text begin
.
new text end |
||
new text begin
and new text end |
||
new text begin
Third Party (Debtor's Employer): new text end |
||
new text begin
.
new text end |
new text begin
This form is called an "Earnings Execution Disclosure" or "Disclosure." It is for the employer
to fill out. The "debtor" is the person who owes money. The debtor gets a copy of this form
for their own information.
new text end
new text begin
The employer is the "third party." The debtor is also called a "judgment debtor." If the debtor
asks how the calculations in this document were made, the employer must provide
information about it.
new text end
new text begin
Definitions
new text end
new text begin
"Earnings": what is paid or payable to an employee, independent contractor, or
self-employed person for personal services (a job). Also called compensation. Compensation
can be wages, salary, commission, bonuses, payments, profit-sharing distributions, severance
payment, fees, or other. It includes periodic payments from a pension or retirement. It can
also be compensation paid or payable to a producer for the sale of agricultural products.
This can be things like milk or milk products, or fruit or other horticultural products. Or
things produced in the operation of a family farm, a family farm corporation, or an authorized
farm corporation. This is defined in Minnesota Statutes, section 500.24, subdivision 2.
new text end
new text begin
"Disposable Earnings": the part of a person's earnings that are left after subtracting
the amounts required by law to be withheld. Note: Amounts required by law to be withheld
do not include things like health insurance, charitable contributions, or other voluntary wage
deductions.
new text end
new text begin
"Payday": the date when the employer pays earnings to the debtor for doing their job.
If the debtor has no regular payday, then "payday" means the 15th and the last day of each
month.
new text end
THE THIRD PARTY/EMPLOYER MUST ANSWER THE FOLLOWING
QUESTIONS:
1. deleted text begin Do you now owe, or within 90 days from the date the execution levy was served on
you, will you or may you owe money to the judgment debtor for earnings?deleted text end new text begin Right now, do
you owe money to the debtor for earnings?
new text end
Yes ..... |
No ..... |
2. deleted text begin Does the judgment debtor earn more than $... per week? (This amount is the greater
of $9.50 per hour of the federal minimum wage per week.)deleted text end new text begin Within 90 days from the date
you were served with the levy, will you or may you owe money to the debtor for earnings?
new text end
Yes ..... |
No ..... |
new text begin
3. Does the debtor earn more than the current Minnesota or federal minimum wage per
week? (use the number that is more)
new text end
new text begin
Yes ..... new text end |
new text begin
No ..... new text end |
deleted text begin
INSTRUCTIONS FOR COMPLETING THE
deleted text end
deleted text begin
EARNINGS DISCLOSURE
deleted text end
A.
deleted text begin
If your answer to either question 1 or 2 is "No," then you must sign the affirmation
on page 2 and return this disclosure to the judgment creditor's attorney within 20 days after
it was served on you, and you do not need to answer the remaining questions.
deleted text end
new text begin
If you answer
"No" to question 1, 2, or 3, you don't need to answer the rest of the questions. You don't
have to do the Earnings Disclosure Worksheet. Sign the Earnings Disclosure Affirmation
below and return this disclosure form to the sheriff. You must return it within 20 days after
it was served on you.
new text end
B. deleted text begin If your answers to both questions 1 and 2 are "Yes," you must complete this form
and the Earnings Disclosure Worksheet as follows:deleted text end new text begin If you answer "Yes" to question 1 or 2,
and "Yes" to question 3, sign the Earnings Disclosure Affirmation below. You must return
it to the sheriff within 20 days. You must also fill out the rest of this form. Read the
instructions for the Earnings Disclosure Worksheet.
new text end
deleted text begin
For each payday that falls within 90 days from the date the execution levy was served
on you, YOU MUST calculate the amount of earnings to be retained by completing steps
3 through 11 on page 2, and enter the amounts on the Earnings Disclosure Worksheet.
UPON REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH
INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS
DISCLOSURE WERE MADE.
deleted text end
deleted text begin
Each payday, you must retain the amount of earnings listed in column I on the Earnings
Disclosure Worksheet.
deleted text end
deleted text begin
You must pay the attached earnings and return this Earnings Disclosure Form and the
Earnings Disclosure Worksheet to the judgment creditor's attorney and deliver a copy
to the judgment debtor within ten days after the last payday that falls within the 90-day
period.
deleted text end
deleted text begin
If the judgment is wholly satisfied or if the judgment debtor's employment ends before
the expiration of the 90-day period, your disclosure and remittance should be made
within ten days after the last payday for which earnings were attached.
deleted text end
deleted text begin
For steps 3 through 11, "columns" refers to columns on the Earnings Disclosure Worksheet.
deleted text end
deleted text begin
3. deleted text end |
deleted text begin
COLUMN A. deleted text end |
deleted text begin
Enter the date of judgment debtor's payday. deleted text end |
|
deleted text begin
4. deleted text end |
deleted text begin
COLUMN B. deleted text end |
deleted text begin
Enter judgment debtor's gross earnings for each payday. deleted text end |
|
deleted text begin
5. deleted text end |
deleted text begin
COLUMN C. deleted text end |
deleted text begin
Enter judgment debtor's disposable earnings for each payday. deleted text end |
|
deleted text begin
6. deleted text end |
deleted text begin
COLUMN D. deleted text end |
deleted text begin
Enter 25 percent of disposable earnings. (Multiply Column C by .25.) deleted text end |
|
deleted text begin
7. deleted text end |
deleted text begin
COLUMN E. deleted text end |
deleted text begin
Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($.......) times the number of work weeks included in each payday. (Note: If a pay period includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end |
|
deleted text begin
8. deleted text end |
deleted text begin
COLUMN F. deleted text end |
deleted text begin
Subtract the amount in Column E from the amount in Column C, and enter here. deleted text end |
|
deleted text begin
9. deleted text end |
deleted text begin
COLUMN G. deleted text end |
deleted text begin
Enter here the lesser of the amount in Column D and the amount in Column F. deleted text end |
|
deleted text begin
10. deleted text end |
deleted text begin
COLUMN H. deleted text end |
deleted text begin
Enter here any amount claimed by you as a setoff, defense, lien, or claim, or any amount claimed by any other person as an exemption or adverse interest which would reduce the amount of earnings owing to the judgment debtor. (Note: Any indebtedness to you incurred within ten days prior to your receipt of the first execution levy on a debt may not be set off against the earnings otherwise subject to this levy. Any wage assignment made by the judgment debtor within ten days prior to your receipt of the first execution levy on a debt is void.) deleted text end |
|
deleted text begin
You must also describe your claim(s) and the claims of others, if known, in the space provided below the worksheet and state the name(s) and address(es) of these persons. deleted text end |
|||
deleted text begin
Enter zero in Column H if there are no claims by you or others which would reduce the amount of earnings owing to the judgment debtor. deleted text end |
|||
deleted text begin
11. deleted text end |
deleted text begin
COLUMN I. deleted text end |
deleted text begin
Subtract the amount in Column H from the amount in Column G and enter here. This is the amount of earnings that you must retain for the payday for which the calculations were made. The total of all amounts entered in Column I is the amount to be remitted to the attorney for the judgment creditor. deleted text end |
new text begin Earnings Disclosure new text end Affirmation
I, ................... (person signing Affirmation), am the third party/employer or I am
authorized by the third party/employer to complete this earnings disclosuredeleted text begin ,deleted text end and have done
so truthfully and to the best of my knowledge.
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Signature deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Title deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Telephone Number deleted text end |
deleted text begin
EARNINGS DISCLOSURE WORKSHEET
deleted text end
deleted text begin
...................
deleted text end
deleted text begin
Judgment Debtor's Name
deleted text end
new text begin
Date:
.
new text end |
||
new text begin
Third Party's Name:
.
new text end |
||
new text begin
Third Party's Signature:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
Instructions for Completing the Earnings Disclosure Worksheet
new text end
new text begin
For each payday that falls within 90 days from the date the levy was served on you, you
must calculate the amount of earnings to be withheld. Enter the amounts on the Earnings
Disclosure Worksheet.
new text end
new text begin
You must:
new text end
new text begin
1. Withhold the amount of earnings listed in column I on the Earnings Disclosure
Worksheet each payday.
new text end
new text begin
2. After 90 days, return this Earnings Disclosure Worksheet to the sheriff. Include all
the money withheld. Sign the Affirmation at the end of the worksheet before returning.
new text end
new text begin
3. Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the
last payday that falls within the 90-day period.
new text end
new text begin
If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period
is over, you need to do the last disclosure and withholdings within 10 days of their last
payday that you withheld money.
new text end
new text begin
Calculating Percentage of Disposable Earnings
new text end
new text begin
Note to Creditor: You must fill out this chart before sending this form to the employer.
Use the current minimum wage found online at: https://www.dli.mn.gov/minwage.
new text end
new text begin
Minimum Wage = $MW/hour.
new text end
new text begin
if the weekly gross earnings are: new text end |
new text begin
then this percentage of the disposable earnings are withheld: new text end |
||
new text begin
Less than [40 X MW] new text end |
new text begin
0% new text end |
||
new text begin
[40 X MW + .01] to [60 X MW] new text end |
new text begin
10% new text end |
||
new text begin
[60 X MW + .01] to [80 X MW] new text end |
new text begin
15% new text end |
||
new text begin
[80 X MW + .01] or more new text end |
new text begin
25% new text end |
new text begin
Employer: Use this creditor's calculation chart to know what percentage of earnings
should be withheld.
new text end
new text begin
Earnings Disclosure Worksheet
new text end
new text begin
.
new text end |
|
new text begin
Debtor's Name new text end |
A |
B |
C |
|||
Payday Date |
Gross Earnings |
Disposable Earnings |
|||
1. |
.
|
deleted text begin
$
deleted text end
.
|
deleted text begin
$
deleted text end
.
|
||
2. |
.
|
.
|
.
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||
3. |
.
|
.
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.
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4. |
.
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.
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.
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5. |
.
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.
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.
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6. |
.
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.
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.
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7. |
.
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.
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.
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||
deleted text begin
8. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
new text begin
Column A. Enter the debtor's payday.
new text end
new text begin
Column B. Enter the debtor's gross earnings for each payday.
new text end
new text begin
Column C. Enter the debtor's disposable earnings for each payday.
new text end
D |
E |
F |
|||
deleted text begin 25deleted text end % of new text begin withholding of new text end Column C new text begin (Use the creditor's calculation chart) new text end |
Greater of 40 X deleted text begin $9.50 or 40 Xdeleted text end new text begin MN ornew text end Fed. Min. Wage |
Column C minus Column E |
|||
1. |
.
|
.
|
.
|
||
2. |
.
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.
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.
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||
3. |
.
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.
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.
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4. |
.
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5. |
.
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.
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6. |
.
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.
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.
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7. |
.
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.
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.
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||
deleted text begin
8. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
new text begin
Column D. Enter the percentage of disposable earnings that will be withheld. Get this
number from the creditor's calculation chart.
new text end
new text begin
Column E. Calculate 40 times the current Minnesota minimum wage (or 40 times the
current federal minimum wage) times the number of work weeks in each payday. Enter the
bigger number here. Note: If a payday has extra days that are more than a full work week,
count those extra days as part of a work week. Do this by dividing the number of extra
workdays by the number of workdays in a normal week.
new text end
new text begin
Column F. Subtract the amount in Column E from the amount in Column C and enter
here.
new text end
G |
H |
I |
|||
Lesser of Column D and Column F |
Setoff, Lien, Adverse Interest, or Other Claims |
Column G minus Column H |
|||
1. |
.
|
.
|
.
|
||
2. |
.
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.
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.
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||
3. |
.
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4. |
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5. |
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6. |
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7. |
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||
deleted text begin 8deleted text end . |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
.
|
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
.
|
||
TOTAL OF COLUMN I |
deleted text begin
$
deleted text end
.
|
new text begin
Column G. Look at column D and column F. Enter the smaller amount of the two here
in column G.
new text end
new text begin
Column H. Enter any amount claimed by you that would lower the amount of earnings
that will go to the debtor. Things like:
new text end
new text begin
(i) a setoff,
new text end
new text begin
(ii) a defense,
new text end
new text begin
(iii) a lien,
new text end
new text begin
(iv) a claim, or
new text end
new text begin
(v) any amount claimed by any other person as an exemption or adverse interest.
new text end
new text begin
Note: You must describe your claim(s) and the claims of others, if known, in the spaces
after this worksheet.
new text end
new text begin
Enter zero in column H if there are no claims by you or others which would lower the
amount of earnings owed to the debtor.
new text end
new text begin
Note: Any debt that happened within 10 days before you got the first levy on a debt
may not be set off against the earnings that are affected by this levy. Any wage assignment
made by the debtor within 10 days before you got the first levy on a debt is void. Wage
assignment is when a debtor voluntarily agrees to money being taken out of their earnings.
new text end
new text begin
Column I. Subtract the amount in column H from the amount in column G and enter
here. This is the amount of earnings that go to the creditor.
new text end
deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin payday(s), you must describe below
either your claims, or the claims of others. For amounts claimed by others, you must both
state the names and addresses of these persons, and the nature of their claim, if known.deleted text end new text begin
payday, describe those claims below. It doesn't matter if they are your claims, or the claims
of others. For claims by others, list the names and addresses of each, and describe their
claims, if you know.
new text end
.
.
.
.
new text begin Earnings Worksheet new text end Affirmation
I, ................. (person signing Affirmation), am the third partynew text begin /employernew text end or I am authorized
by the third partynew text begin /employernew text end to complete this earnings disclosure deleted text begin worksheet,deleted text end and have done
so truthfully and to the best of my knowledge.
deleted text begin
.
deleted text end |
||
deleted text begin
Title deleted text end |
||
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
(...)
.
deleted text end |
deleted text begin
Signature deleted text end |
deleted text begin
Phone Number deleted text end |
new text begin
Date:
.
new text end |
||
new text begin
Third Party's Name:
.
new text end |
||
new text begin
Third Party's Signature:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.72, subdivision 8, is amended to read:
In every garnishment where the debtor is a natural person,
the debtor shall be provided with a garnishment exemption notice. If the creditor is garnishing
earnings, the earnings exemption notice provided in section 571.924 must be served ten or
more days before the service of the first garnishment summons. If the creditor is garnishing
funds in a financial institution, the exemption notice provided in section 571.912 must be
served with the garnishment summons. In all other cases, the exemption notice must be in
the following form and served on the debtor with a copy of the garnishment summons.
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
against deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
deleted text begin
EXEMPTION NOTICE deleted text end |
|
deleted text begin
and deleted text end |
||
deleted text begin
.
(Garnishee)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Exemption Notice new text end |
|
new text begin
against new text end |
||
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
and new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
A Garnishment Summons is being served deleted text begin upondeleted text end new text begin onnew text end you. new text begin This means a creditor with a court
judgment against you wants to take some of your money or property to pay the judgment.
new text end Some of your property may be exempt and deleted text begin cannotdeleted text end new text begin can'tnew text end be deleted text begin garnisheddeleted text end new text begin taken. 'Exempt' means
protectednew text end . The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not new text begin a
new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section
550.37 of the Minnesota Statutes deleted text begin and other state and federal laws. The dollar amounts
contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the
time of garnishmentdeleted text end . If you have questions about an exemption, deleted text begin you should obtaindeleted text end new text begin contact
a lawyer fornew text end legal advice.
new text begin
These things you or your family might have are protected:
new text end
(1) deleted text begin a homestead or the proceeds from the sale of a homesteaddeleted text end new text begin equity in your home, or
money from recently selling your home - up to $510,000 totalnew text end ;
(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;
new text end
new text begin (ii) new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers,
tablets,new text end televisions deleted text begin up to a total current value of $5,850;deleted text end new text begin , printers, cell phones, smart phones,
and other consumer electronics up to $12,150 in all; and
new text end
new text begin
(iii) jewelry - total value can't be more than $3,308;
new text end
(3) a manufactured (mobile) home deleted text begin used as your homedeleted text end new text begin you live innew text end ;
(4) one motor vehicle deleted text begin currently worth less than $2,600 after deducting any security
interest;deleted text end new text begin , counting only the amount you have paid off:
new text end
new text begin
(i) $10,000;
new text end
new text begin
(ii) $12,500 if it is necessary for your business, trade, or profession;
new text end
new text begin
(iii) $25,000 if used by or to help someone with a disability that makes it hard to walk;
or
new text end
new text begin
(iv) $100,000 if designed or modified for someone with a disability that makes it hard
to walk;
new text end
(5) farm machinery deleted text begin used by an individual principally engaged in farming, ordeleted text end new text begin if your
main business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade.
This exemption is limited todeleted text end new text begin - the total value can't be more thannew text end $13,000;
(6) relief based on need. This includes:
(i) new text begin MFIP - new text end Minnesota Family Investment Program deleted text begin (MFIP) and Work First Programdeleted text end ;
new text begin
(ii) DWP - MFIP Diversionary Work Program;
new text end
deleted text begin
(ii) Medical Assistance (MA);
deleted text end
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program;
new text end
deleted text begin (iii)deleted text end new text begin (iv) GA -new text end General Assistance deleted text begin (GA)deleted text end ;
deleted text begin (iv)deleted text end new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA)deleted text end ;
deleted text begin (v)deleted text end new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA)deleted text end ;
deleted text begin (vi) MSA-Emergencydeleted text end new text begin (vii) MSA-EA - MSA Emergencynew text end Assistance deleted text begin (MSA-EA)deleted text end ;
deleted text begin
(vii) Supplemental Security Income (SSI);
deleted text end
deleted text begin
(viii) Energy Assistance; and
deleted text end
deleted text begin (ix)deleted text end new text begin (viii) EA -new text end Emergency Assistance deleted text begin (EA)deleted text end ;
new text begin
(ix) Energy or Fuel Assistance;
new text end
new text begin
(x) Work Participation Cash Benefit;
new text end
new text begin
(xi) MA - Medical Assistance;
new text end
new text begin
(xii) MinnesotaCare;
new text end
new text begin
(xiii) Medicare Part B - Premium Payments help;
new text end
new text begin
(xiv) Medicare Part D - Extra;
new text end
new text begin
(xv) SSI - Supplemental Security Income;
new text end
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working
Family Credit; and
new text end
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit);
new text end
new text begin
(7) wages. 100% is protected if you get government assistance based on need. Otherwise,
between 75-100% is protected depending on how much you earn;
new text end
new text begin
(8) retirement benefits - the total interest under all plans and contracts can't be more than
$81,000;
new text end
deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefits;
deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or deleted text begin veteran'sdeleted text end new text begin veterans'new text end benefits;
deleted text begin (9) an accident, disability, or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension
or annuity;
deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsnew text begin that are not more than $54,000new text end ;
deleted text begin (11)deleted text end new text begin (13)new text end earnings of your minor child; deleted text begin and
deleted text end
deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin -
likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or
a deleted text begin car).deleted text end new text begin car;
new text end
new text begin
(15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious
items. Total value can't be more than $2,000;
new text end
new text begin
(16) personal library - total value can't be more than $750;
new text end
new text begin
(17) musical instruments - total value can't be more than $2,000;
new text end
new text begin
(18) family pets - current value can't be more than $1,000;
new text end
new text begin
(19) a seat or pew in any house or place of public worship and a lot in any burial ground;
new text end
new text begin
(20) tools you need to work in your business or profession - the total value can't be more
than $13,500;
new text end
new text begin
(21) household tools and equipment - things like hand and power tools, snow removal
equipment, lawnmowers, and more. Total value can't be more than $3,000; and
new text end
new text begin
(22) health savings accounts, medical savings accounts - the total value can't be more
than $25,000.
new text end
Minnesota Statutes 2024, section 571.72, subdivision 10, is amended to read:
Exemption Notice
Important Notice: A garnishment summons may be served on your employer, bank,
or other third partiesnew text begin . This can happennew text end without any further court proceeding or notice to
you. See the attached Notice of Intent to Garnish for more information.
deleted text begin The following money and wagesdeleted text end new text begin Some of your money in your accountnew text end may be
protected (the legal word is exempt) from garnishmentdeleted text begin :deleted text end new text begin .
new text end
deleted text begin
1. Financial institutions/bank
deleted text end
deleted text begin
Some of the money in your account may be protected because you receive government
benefits from one or more of the following places:
deleted text end
new text begin
Earnings (Wages)
new text end
new text begin
ALL or SOME of my wages may be protected.
new text end
new text begin
... Some of my wages are protected because they were only deposited in my account in
the last 20 days.
new text end
new text begin
For wages that were deposited in your account within the last 20 days, the amount protected
is whichever is more:
new text end
new text begin
(i) 75 percent of your wages or more (after taxes are taken out), or
new text end
new text begin
(ii) The current minimum wage times 40 per week. You can find the current minimum
wage here: https://www.dli.mn.gov/minwage.
new text end
new text begin
All of my wages are protected because:
new text end
new text begin
... I get government benefits (a list of government benefits is on the next page)
new text end
new text begin
... I am getting other assistance based on need
new text end
new text begin
... I have gotten government benefits in the last 6 months
new text end
new text begin
... I was in jail or prison in the last 6 months
new text end
new text begin
If you check one of these four boxes, your wages are only protected for 60 days after they
are deposited in your account. You MUST send the creditor copies of bank statements
that show what was in your account for the 60 days right before the bank froze your
money.
new text end
new text begin
Government Benefits
new text end
new text begin
Government benefits can include many things. For example:
new text end
new text begin ... new text end MFIP - Minnesota Family Investment Programdeleted text begin ,
deleted text end
new text begin ... DWP - new text end MFIP Diversionary Work Programdeleted text begin ,
deleted text end
deleted text begin
Work participation cash benefit,
deleted text end
new text begin
... SNAP - Supplemental Nutrition Assistance Program
new text end
new text begin ... new text end GA - General Assistancedeleted text begin ,
deleted text end
new text begin
... EGA - Emergency General Assistance
new text end
new text begin
... MSA - Minnesota Supplemental Aid
new text end
new text begin
... MSA-EA - MSA Emergency Assistance
new text end
new text begin ... new text end EA - Emergency Assistancedeleted text begin ,
deleted text end
new text begin
... Energy or Fuel Assistance
new text end
new text begin
... Work Participation Cash Benefit
new text end
new text begin ... new text end MA - Medical Assistancedeleted text begin ,
deleted text end
deleted text begin
EGA - emergency general assistance or county crisis funds,
deleted text end
deleted text begin
MSA - Minnesota supplemental aid,
deleted text end
deleted text begin
MSA-EA - MSA emergency assistance,
deleted text end
deleted text begin
Supplemental Nutrition Assistance Program (SNAP),
deleted text end
deleted text begin
SSI - Supplemental Security Income,
deleted text end
new text begin
...
new text end
MinnesotaCaredeleted text begin ,
deleted text end
new text begin ... new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin help
new text end
new text begin ... new text end Medicare Part D new text begin - new text end Extra deleted text begin help,
deleted text end
new text begin
... SSI - Supplemental Security Income
new text end
deleted text begin
Energy or fuel assistance,
deleted text end
new text begin
... Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family
Credit
new text end
new text begin
... Renter's Refund (also called Renter's Property Tax Credit)
new text end
new text begin
List the case number and county for every box you checked:
new text end
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Government benefits also include:
new text end
new text begin
...
new text end
Social Security benefitsdeleted text begin ,
deleted text end
new text begin
...
new text end
Unemployment benefitsdeleted text begin ,
deleted text end
new text begin
...
new text end
Workers' compensationdeleted text begin ,
deleted text end
deleted text begin
Veterans
deleted text end
new text begin
...
new text end
new text begin Veterans'new text end benefitsdeleted text begin .
deleted text end
deleted text begin
Sending the creditor's attorney (or creditor, if no attorney) a copy of BANK
STATEMENTS that show what was in your account for the past 60 days may give the
creditor enough information about your exemption claim to avoid a garnishment.
deleted text end
deleted text begin
2. Earnings
deleted text end
deleted text begin
All or some of your earnings may be completely protected from garnishment if:
deleted text end
deleted text begin
All of your earnings (wages) may be protected if:
deleted text end
deleted text begin
You get government benefits (see list of government benefits)
deleted text end
deleted text begin
You currently receive other assistance based on need
deleted text end
deleted text begin
You have received government benefits in the last six months
deleted text end
deleted text begin
You were in jail or prison in the last six months
deleted text end
deleted text begin
Your wages are only protected for 60 days after they are deposited in your account so
it would be helpful if you immediately send the undersigned creditor a copy of BANK
STATEMENTS that show what was in your account for the past 60 days.
deleted text end
deleted text begin
Some of your earnings (wages) may be protected if:
deleted text end
deleted text begin
If all of your earnings are not exempt, some of your earnings may still be protected for
20 days after they were deposited in your account. The amount protected is the larger amount
of:
deleted text end
deleted text begin
75 percent of your wages (after taxes are taken out); or
deleted text end
deleted text begin
(insert the sum of the current federal minimum wage) multiplied by 40.
deleted text end
new text begin
If you get any of these government benefits, include copies of any documents that show
you get them.
new text end
new text begin
... I get other assistance based on need that is not on the list. It comes from:
.
new text end
new text begin
.
new text end
new text begin
Make sure you include copies of any documents that show this.
new text end
new text begin
Other Protected Funds
new text end
The money from deleted text begin the followingdeleted text end new text begin these thingsnew text end are also deleted text begin exempt for 20 daysdeleted text end new text begin completely
protectednew text end after they are deposited in deleted text begin yourdeleted text end new text begin mynew text end account.
new text begin
... Child Support
new text end
deleted text begin An accident, disability, or retirementdeleted text end new text begin ... A retirement, disability, or accidentnew text end pension
or annuity
deleted text begin
Payments to deleted text begin youdeleted text end from a life insurance policy
deleted text end
new text begin ... new text end Earnings of deleted text begin yourdeleted text end new text begin mynew text end child who is under 18 years of age
new text begin
... Payments to me from a life insurance policy
new text end
deleted text begin
Child support
deleted text end
new text begin ... new text end Money paid to deleted text begin youdeleted text end new text begin menew text end from a claim for damage or destruction of property. Property
includes household goods, farm tools or machinery, tools for deleted text begin yourdeleted text end new text begin mynew text end job, business
equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture,
or appliancesdeleted text begin .
deleted text end
new text begin ... new text end Death benefits paid to deleted text begin you.deleted text end new text begin me
new text end
You deleted text begin WILL BE ABLE TOdeleted text end new text begin cannew text end claim these exemptions when you deleted text begin RECEIVEdeleted text end new text begin getnew text end a
notice. You will get the notice at least deleted text begin tendeleted text end new text begin 10new text end days BEFORE a wage garnishment. BUT if
the creditor garnishes your bank account, you deleted text begin will notdeleted text end new text begin won'tnew text end get the notice until AFTER the
account has been frozen. If you believe the money in your bank account or your wages are
exempt, deleted text begin YOU SHOULD IMMEDIATELYdeleted text end contact the person belownew text begin right awaynew text end . deleted text begin YOU
SHOULDdeleted text end Tell them why you think your account or wages are exempt to see if you can
avoid garnishment.
deleted text begin
Creditor
.
deleted text end |
|
deleted text begin
Creditor Address
.
deleted text end |
|
deleted text begin
Creditor telephone number
.
deleted text end |
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.74, is amended to read:
The garnishment summons and notice to debtor must be substantially in the following
form. The notice to debtor must be in no smaller than 14-point type.
deleted text begin
GARNISHMENT SUMMONS deleted text end |
||
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
deleted text begin
UNPAID BALANCE
.
deleted text end |
|
deleted text begin
.
(Debtor's Address)
deleted text end |
deleted text begin
Date of Entry deleted text end |
|
deleted text begin
.
(Garnishee)
deleted text end |
deleted text begin
of Judgment (or) Subject to Minnesota Statutes, section 571.71, clause (2) deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Garnishment Summons new text end |
|
new text begin
and new text end |
||
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
||
new text begin
Unpaid Balance:
.
new text end |
deleted text begin
GARNISHMENT SUMMONS
deleted text end
deleted text begin
The State of Minnesota
deleted text end
To the deleted text begin Garnisheedeleted text end new text begin Third Party (garnishee)new text end named above:
deleted text begin
You are hereby summoned and required to serve upon the creditor's attorney (or the
creditor if not represented by an attorney) and on the debtor within 20 days after service of
this garnishment summons upon you, a written disclosure, of the nonexempt indebtedness,
money, or other property due or belonging to the debtor and owing by you or in your
possession or under your control and answers to all written interrogatories that are served
with the garnishment summons. However, if the garnishment is on earnings and the debtor
has garnishable earnings, you shall serve the completed disclosure form on the creditor's
attorney, or the creditor if not represented by an attorney, within ten days of the last payday
to occur within the 90 days after the date of the service of this garnishment summons.
"Payday" means the day which you pay earnings in the ordinary course of business. If the
debtor has no regular paydays, "payday" means the 15th day and the last day of each month.
deleted text end
deleted text begin
Your disclosure need not exceed 110 percent of the amount of the creditor's claim that
remains unpaid.
deleted text end
deleted text begin
You shall retain garnishable earnings, other indebtedness, money, or other property in
your possession in an amount not to exceed 110 percent of the creditor's claim until such
time as the creditor causes a writ of execution to be served upon you, until the debtor
authorizes you in writing to release the property to the creditor, or until the expiration of
...... days from the date of service of this garnishment summons upon you, at which time
you shall return the disposable earnings, other indebtedness, money, or other property to
the debtor.
deleted text end
new text begin
A court has ordered that you must serve a written statement to the creditor (or to the
creditor's lawyer). You must do this within 20 days after you get this notice. Your written
statement should include any money, or other property of the debtor that you have or owe
to them. It should also include answers to any questions that are in this summons.
new text end
new text begin
But, if the garnishment is on earnings and the debtor has earnings that can be garnished,
fill out the completed disclosure form. Then serve it on the creditor (or the creditor's lawyer).
It must be served within 10 days of the last payday within the 90 days after the date you
got this summons. If the debtor has no regular paydays, "payday" means the 15th day and
the last day of each month.
new text end
new text begin
You don't have to disclose more than 110% of the unpaid amount that is owed to the
creditor. Keep earnings that can be garnished, other indebtedness, money, or other property
in your possession in an amount not to exceed 110 percent of the creditor's claim. Keep this
until:
new text end
new text begin
(i) the creditor has a writ of execution served on you;
new text end
new text begin
(ii) the debtor gives you permission in writing to release the property to the creditor; or
new text end
new text begin
(iii) it's been ... days from the day you got this garnishment summons.
new text end
new text begin
Then you give the debtor back the disposable earnings, other indebtedness, money, or other
property.
new text end
Earnings
deleted text begin In the eventdeleted text end new text begin Ifnew text end you are summoned as a garnishee because you owe "earnings" deleted text begin (as defined
on the Earnings Garnishment Disclosure form attached to this Garnishment Summons, if
applicable)deleted text end to the debtor, then you deleted text begin are required todeleted text end new text begin mustnew text end serve deleted text begin upon the creditor's attorney,
or the creditor if not represented by an attorney, a writtendeleted text end new text begin annew text end Earnings Disclosure Form
deleted text begin withindeleted text end new text begin on the creditor (or the creditor's lawyer). The Earnings Disclosure Form must be in
writing and must be served innew text end the time limit set deleted text begin forthdeleted text end above.new text begin "Earnings" are defined on the
Earnings Garnishment Disclosure Form attached to this Garnishment Summons.
new text end
In the case of earningsnew text begin ,new text end you deleted text begin are further required to retain in your possessiondeleted text end new text begin must keepnew text end
all unpaidnew text begin ,new text end nonexempt disposable earnings deleted text begin owed or to be owed by you and earned or to be
earneddeleted text end new text begin that you owe or will owenew text end to the debtor deleted text begin withindeleted text end new text begin duringnew text end the pay period deleted text begin in whichdeleted text end new text begin whennew text end
this garnishment deleted text begin summonsdeleted text end new text begin noticenew text end is deleted text begin served and within all subsequent pay periods whose
paydays (defined above) occur within the 90 days after the date of service of this garnishment
summonsdeleted text end new text begin delivered and for all pay periods within 90 days after this notice is servednew text end .
deleted text begin
Any assignment of earnings made by the debtor to any party within ten days before the
receipt of the first garnishment on a debt is void. Any indebtedness to you incurred by the
debtor within the ten days before the receipt of the first garnishment on a debt may not be
set off against amounts otherwise subject to the garnishment.
deleted text end
new text begin
Any transfer of earnings made by the debtor to someone else within 10 days before the
first garnishment notice is invalid. Any debt the debtor owes you from within those 10 days
can't be used to lower the amount that can be garnished.
new text end
deleted text begin You are prohibiteddeleted text end By law deleted text begin from discharging or discipliningdeleted text end new text begin you can't fire or disciplinenew text end
the debtor because deleted text begin the debtor'sdeleted text end new text begin theirnew text end earnings have been subject to garnishment.
This Garnishment Summons includes:
(check deleted text begin applicable boxdeleted text end new text begin the boxes that applynew text end )
.
|
Earnings garnishment (see attached Earnings Disclosure Form) |
||
.
|
Nonearnings garnishment (see attached Nonearnings Disclosure Form) |
||
.
|
Both Earnings and Nonearnings garnishment (see both attached Earnings and Nonearnings Disclosure Form) |
Notice to Debtor
new text begin You are being served copies of new text end a Garnishment Summons, Earnings Garnishment
Disclosure Form, Nonwage Garnishment Disclosure Form, Garnishment Exemption Notices
and/or written Interrogatories (strike out if not applicable)deleted text begin ,deleted text end new text begin .new text end Copies of deleted text begin which are hereby
served on you, were served upon the Garnishee by delivering copiesdeleted text end new text begin these same documents
were also deliverednew text end to the Garnishee. The Garnishee was paid $15.
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
Attorney for Creditor (or creditor) deleted text end |
|||
deleted text begin
.
deleted text end |
|||
deleted text begin
.
deleted text end |
|||
deleted text begin
.
deleted text end |
|||
deleted text begin
Address deleted text end |
|||
deleted text begin
.
deleted text end |
|||
deleted text begin
Telephone deleted text end |
|||
deleted text begin
.
deleted text end |
|||
deleted text begin
Attorney I.D. No deleted text end |
new text begin
Date:
.
new text end |
||
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.75, subdivision 2, is amended to read:
The disclosure must state:
(a) If an earnings garnishment disclosure, the amount of disposable earnings earned by
the debtor within the debtor's pay periods as specified in section 571.921.
(b) If a nonearnings garnishment disclosure, a description of any personal property or
any instrument or papers relating to this property belonging to the judgment debtor or in
which the debtor is interested or other indebtedness of the garnishee to the debtor.
(c) If the garnishee asserts any setoff, defense, claim, or lien on disposable earnings,
other indebtedness, money, or property, the garnishee shall disclose the amount and the
facts concerning the same.
(d) Whether the debtor asserts any exemption, or any other objection, known to the
garnishee against the right of the creditor to garnish the disposable earnings, other
indebtedness, money, or property disclosed.
(e) If other persons assert claims to any disposable earnings, other indebtedness, money,
or property disclosed, the garnishee shall disclose the names and addresses of these claimants
and, so far as known by the garnishee, the nature of their claims.
(f) The garnishment disclosure forms and earnings disclosure worksheet must be the
same or substantially similar to the following forms. If the garnishment affects earnings of
the debtor, the creditor shall use the earnings garnishment disclosure form. If the garnishment
affects any indebtedness, money, or property of the debtor, other than earnings, the creditor
shall use the nonearnings garnishment disclosure form. Nothing contained in this paragraph
limits the simultaneous use of the earnings and nonearnings garnishment disclosure forms.
EARNINGS DISCLOSURE FORM AND WORKSHEET
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
deleted text begin
GARNISHMENT deleted text end |
|
deleted text begin
.
(Garnishee)
deleted text end |
deleted text begin
EARNINGS DISCLOSURE deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Garnishment Earnings Disclosure new text end |
|
new text begin
and new text end |
new text begin
For Non-Child Support Judgments new text end |
|
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
new text begin
This form is called a "Garnishment Earnings Disclosure" or "Disclosure." It is for the
employer to fill out. The "debtor" is the person who owes money. The debtor gets a copy
of this form for their own information. The debtor is also called a "judgment debtor."
new text end
new text begin
The "creditor" is the party owed the money. The creditor is also called a "judgment
creditor."
new text end
new text begin
The "employer" is the "third party" or "garnishee." If the debtor asks how the calculations
in this document were made, the employer must provide information about it.
new text end
Definitions
"Earnings": deleted text begin For the purpose of garnishment, "earnings" means compensationdeleted text end new text begin what isnew text end
paid or payable to an employeenew text begin , independent contractor or self-employed personnew text end for personal
services deleted text begin ordeleted text end new text begin (a job). Also callednew text end compensationnew text begin . Compensation can be wages, salary,
commission, bonus, payments, profit-sharing distributions, severance payment, fees or
other. It includes periodic payments from a pension or retirement. It can also be compensationnew text end
paid or payable to deleted text begin thedeleted text end new text begin anew text end producer for the sale of agricultural productsdeleted text begin ;deleted text end new text begin . This can be things
likenew text end milk or milk productsdeleted text begin ;deleted text end new text begin ,new text end or fruit or other horticultural productsnew text begin . Or thingsnew text end produced deleted text begin when
the producer is operatingdeleted text end new text begin in the operation ofnew text end a family farm, a family farm corporation, or
an authorized farm corporationdeleted text begin , asdeleted text end new text begin . This isnew text end defined in section 500.24, subdivision 2deleted text begin , whether
denominated as wages, salary, commission, bonus, or otherwise, and includes periodic
payments pursuant to a pension or retirementdeleted text end .
"Disposable Earnings": deleted text begin Means thatdeleted text end new text begin thenew text end part of deleted text begin thedeleted text end new text begin a person'snew text end earnings deleted text begin of an individual
remaining after the deduction from those earnings ofdeleted text end new text begin that are left after subtracting thenew text end
amounts required by law to be withheld. deleted text begin (Amountsdeleted text end new text begin Note: Amountsnew text end required by law to be
withheld do not include deleted text begin items such asdeleted text end new text begin things likenew text end health insurance, charitable contributions,
or other voluntary wage deductions.deleted text begin )
deleted text end
"Payday": deleted text begin For the purpose of garnishment, "payday(s)" means the date(s) upon whichdeleted text end new text begin
the date whennew text end the employer pays earnings to the debtor deleted text begin in the ordinary course of businessdeleted text end new text begin
for doing their jobnew text end . If the debtor has no regular payday, deleted text begin payday(s)deleted text end new text begin then "payday"new text end means the
deleted text begin fifteenthdeleted text end new text begin 15thnew text end and the last day of each month.
The new text begin Employer/new text end Garnishee Must Answer The Following Questions:
1. deleted text begin Do youdeleted text end new text begin Rightnew text end now deleted text begin owe, or within 90 days from the date the garnishment summons
was served on you, will you ordeleted text end new text begin ,new text end do you deleted text begin expect todeleted text end owe money to the debtor for earnings?
deleted text begin
Yes ..... deleted text end |
deleted text begin
No ..... deleted text end |
new text begin
Yes ..... new text end |
new text begin
No ..... new text end |
new text begin
2. Within 90 days from the date you were served with the garnishment, will you or may
you owe money to the debtor for earnings?
new text end
new text begin
Yes ..... new text end |
new text begin
No ..... new text end |
deleted text begin 2deleted text end new text begin 3new text end . Does the debtor earn more than deleted text begin $........ per week? (This amount is the greater of
$9.50 per hour ordeleted text end thenew text begin current Minnesota ornew text end federal minimum wage per weekdeleted text begin .)deleted text end new text begin ? (use the
number that is more)
new text end
deleted text begin
Yes ..... deleted text end |
deleted text begin
No ..... deleted text end |
new text begin
Yes ..... new text end |
new text begin
No ..... new text end |
deleted text begin
INSTRUCTIONS FOR COMPLETING THE
deleted text end
deleted text begin
EARNINGS DISCLOSURE
deleted text end
deleted text begin
A. If your answer to either question 1 or 2 is "No," then you must sign the affirmation
on Page 2 and return this disclosure to the creditor's attorney (or the creditor if not represented
by an attorney) within 20 days after it was served on you, and you do not need to answer
the remaining questions.
deleted text end
deleted text begin
B. If your answers to both questions 1 and 2 are "Yes," you must complete this form
and the Earnings Disclosure Worksheet as follows:
deleted text end
new text begin
A. If you answer "No" to question 1, 2, or 3, you don't need to answer the rest of the
questions. You don't have to do the Earnings Disclosure Worksheet. Sign the Earnings
Disclosure Affirmation below and return this disclosure form to the creditor's attorney (or
the creditor if not represented by an attorney). You must return it within 20 days after it
was served on you.
new text end
new text begin
B. If you answer "Yes" to question 1 or 2, and "Yes" to question 3, sign the Earnings
Disclosure Affirmation below. You must return it to the creditor's attorney (or the creditor
if not represented by an attorney) within 20 days. You must also fill out the rest of this form.
Read the instructions for the Earnings Disclosure Worksheet.
new text end
new text begin
Earnings Disclosure Affirmation
new text end
new text begin
I, ........................ (person signing Affirmation), am the third party/employer or I am
authorized by the third party/employer to complete this earnings disclosure and have done
so truthfully and to the best of my knowledge.
new text end
new text begin
Date:
.
new text end |
|
new text begin
Signature of Third Party/Employer: new text end |
|
new text begin
.
new text end |
|
new text begin
Title:
.
new text end |
|
new text begin
Phone:
.
new text end |
new text begin
Instructions for Completing the Earnings Disclosure Worksheet
new text end
For each payday that falls within 90 days from the date the garnishment deleted text begin summonsdeleted text end was
served on you, you must calculate the amount of earnings to be deleted text begin retained by completing
Steps 3 through 11, and enter the amounts on the Earnings Disclosure Worksheet. UPON
REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH
INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS
DISCLOSURE WERE MADE.deleted text end new text begin withheld. Enter the amounts on the Earnings Disclosure
Worksheet.
new text end
deleted text begin
Each payday, you must retain the amount of earnings listed in Column I on the Earnings
Disclosure Worksheet.
deleted text end
deleted text begin
You must return this Earnings Disclosure Form and the Earnings Disclosure Worksheet
to the creditor's attorney (or the creditor if not represented by an attorney) and deliver
a copy to the debtor within ten days after the last payday that falls within the 90-day
period.
deleted text end
deleted text begin
If the claim is wholly satisfied or if the debtor's employment ends before the expiration
of the 90-day period, your disclosure should be made within ten days after the last payday
for which earnings were attached.
deleted text end
deleted text begin
For Steps 3 through 11, "Columns" refers to columns on the Earnings Disclosure Worksheet.
deleted text end
deleted text begin
3. deleted text end |
deleted text begin
COLUMN A. deleted text end |
deleted text begin
Enter the date of debtor's payday. deleted text end |
|
deleted text begin
4. deleted text end |
deleted text begin
COLUMN B. deleted text end |
deleted text begin
Enter debtor's gross earnings for each payday. deleted text end |
|
deleted text begin
5. deleted text end |
deleted text begin
COLUMN C. deleted text end |
deleted text begin
Enter debtor's disposable earnings for each payday. deleted text end |
|
deleted text begin
6. deleted text end |
deleted text begin
COLUMN D. deleted text end |
deleted text begin
Enter 25 percent of disposable earnings. (Multiply Column C by .25.) deleted text end |
|
deleted text begin
7. deleted text end |
deleted text begin
COLUMN E. deleted text end |
deleted text begin
Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($..........) times the number of work weeks included in each payday. (Note: If a pay period includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end |
|
deleted text begin
8. deleted text end |
deleted text begin
COLUMN F. deleted text end |
deleted text begin
Subtract the amount in Column E from the amount in Column C, and enter here. deleted text end |
|
deleted text begin
9. deleted text end |
deleted text begin
COLUMN G. deleted text end |
deleted text begin
Enter here the lesser of the amount in Column D and the amount in Column F. deleted text end |
|
deleted text begin
10. deleted text end |
deleted text begin
COLUMN H. deleted text end |
deleted text begin
Enter here any amount claimed by you as a setoff, defense, lien, or claim, or any amount claimed by any other person as an exemption or adverse interest which would reduce the amount of earnings owing to the debtor. (Note: Any indebtedness to you incurred by the debtor within the ten days before the receipt of the first garnishment on a debt may not be set off against amounts otherwise subject to the garnishment. Any assignment of earnings made by the debtor to any party within ten days before the receipt of the first garnishment on a debt is void.) deleted text end |
|
deleted text begin
You must also describe your claim(s) and the claims of others, if known, in the space provided below the worksheet and state the name(s) and address(es) of these persons. deleted text end |
|||
deleted text begin
Enter zero in Column H if there are no claims by you or others which would reduce the amount of earnings owing to the debtor. deleted text end |
|||
deleted text begin
11. deleted text end |
deleted text begin
COLUMN I. deleted text end |
deleted text begin
Subtract the amount in Column H from the amount in Column G and enter here. This is the amount of earnings that you must retain for the payday for which the calculations were made. deleted text end |
deleted text begin
AFFIRMATION
deleted text end
deleted text begin
I, ...................... (person signing Affirmation), am the garnishee or I am authorized by
the garnishee to complete this earnings disclosure, and have done so truthfully and to the
best of my knowledge.
deleted text end
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Signature deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Title deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Telephone Number deleted text end |
deleted text begin
EARNINGS DISCLOSURE WORKSHEET
deleted text end
deleted text begin
.............................
deleted text end
deleted text begin
Debtor's Name
deleted text end
new text begin
You must:
new text end
new text begin
1. Withhold the amount of earnings listed in column I on the Earnings Disclosure
Worksheet each payday.
new text end
new text begin
2. After 90 days, return this Earnings Disclosure Worksheet to the creditor's attorney
(or the creditor if not represented by an attorney). Include all the money withheld. Sign the
Affirmation at the end of the worksheet before returning.
new text end
new text begin
3. Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the
last payday that falls within the 90-day period.
new text end
new text begin
If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period
is over, you need to do the last disclosure and withholdings within 10 days of their last
payday that you withheld money.
new text end
new text begin
Calculating Percentage of Disposable Earnings
new text end
new text begin
new text begin Note to Creditor:new text end You must fill out this chart before sending this form to the employer.
Use the current minimum wage found online at: https://www.dli.mn.gov/minwage.
new text end
new text begin
Minimum Wage = $MW/hour.
new text end
new text begin
if the weekly gross earnings are: new text end |
new text begin
then this percentage of the disposable earnings are withheld: new text end |
||
new text begin
Less than [40 X MW] new text end |
new text begin
0% new text end |
||
new text begin
[40 X MW + .01] to [60 X MW] new text end |
new text begin
10% new text end |
||
new text begin
[60 X MW + .01] to [80 X MW] new text end |
new text begin
15% new text end |
||
new text begin
[80 X MW + .01] or more new text end |
new text begin
25% new text end |
new text begin
new text begin Employer:new text end Use this creditor's calculation chart to know what percentage of earnings
should be withheld.
new text end
new text begin
Earnings Disclosure Worksheet
new text end
new text begin
.
new text end |
|
new text begin
Debtor's Name new text end |
A |
B |
C |
|||
Payday Date |
Gross Earnings |
Disposable Earnings |
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1. |
.
|
$
.
|
$
.
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2. |
.
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.
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.
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3. |
.
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.
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.
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4. |
.
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.
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5. |
.
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.
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.
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6. |
.
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.
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.
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7. |
.
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.
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deleted text begin
8. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
new text begin
new text begin Column A.new text end Enter the debtor's payday.
new text end
new text begin
new text begin Column B.new text end Enter the debtor's gross earnings for each payday.
new text end
new text begin
new text begin Column C.new text end Enter the debtor's disposable earnings for each payday.
new text end
D |
E |
F |
|||
deleted text begin 25deleted text end % of new text begin withholding of new text end Column C new text begin (Use the creditor's calculation chart) new text end |
Greater of 40 X deleted text begin $9.50 or 40 Xdeleted text end new text begin MN ornew text end Fed. Min. Wage |
Column C minus Column E |
|||
1. |
.
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.
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.
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2. |
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.
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.
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3. |
.
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.
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4. |
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5. |
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6. |
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7. |
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deleted text begin
8. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
new text begin
new text begin Column D.new text end Enter the percentage of disposable earnings that will be withheld. Get this
number from the creditor's calculation chart.
new text end
new text begin
new text begin Column E.new text end Calculate 40 times the current Minnesota minimum wage (or 40 times the
current federal minimum wage) times the number of work weeks in each payday. Enter the
bigger number here. Note: If a payday has extra days that are more than a full work week,
count those extra days as part of a work week. Do this by dividing the number of extra
workdays by the number of workdays in a normal week.
new text end
new text begin
new text begin Column F.new text end Subtract the amount in column E from the amount in column C and enter
here.
new text end
G |
H |
I |
|||
Lesser of Column D and Column F |
Setoff, Lien, Adverse Interest, or Other Claims |
Column G minus Column H |
|||
1. |
.
|
.
|
.
|
||
2. |
.
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.
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.
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||
3. |
.
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4. |
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5. |
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6. |
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7. |
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||
deleted text begin
8. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
9. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
deleted text begin
10. deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
||
Total of Column Inew text begin = new text end |
$
.
|
new text begin
new text begin Column G.new text end Look at column D and column F. Enter the smaller amount of the two here
in column G.
new text end
new text begin
new text begin Column H.new text end Enter any amount claimed by you that would lower the amount of earnings
that will go to the debtor. Things like:
new text end
new text begin
(i) a setoff,
new text end
new text begin
(ii) a defense,
new text end
new text begin
(iii) a lien,
new text end
new text begin
(iv) a claim, or
new text end
new text begin
(v) any amount claimed by any other person as an exemption or adverse interest.
new text end
new text begin
new text begin Note:new text end You must describe your claim(s) and the claims of others, if known, in the spaces
after this worksheet.
new text end
new text begin
Enter zero in column H if there are no claims by you or others which would lower the
amount of earnings owed to the debtor.
new text end
new text begin
new text begin Note:new text end Any debt that happened within 10 days before you got the first garnishment on a
debt may not be set off against the earnings that are affected by this garnishment. Any wage
assignment made by the debtor within 10 days before you got the first garnishment on a
debt is void. Wage assignment is when a debtor voluntarily agrees to money being taken
out of their earnings.
new text end
new text begin
new text begin Column I.new text end Subtract the amount in column H from the amount in column G and enter
here. This is the amount of earnings that go to the creditor.
new text end
deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin payday(s), you mustdeleted text end new text begin payday,new text end describe
new text begin those claims new text end below deleted text begin eitherdeleted text end new text begin . It doesn't matter if they arenew text end your claims, or the claims of others.
For deleted text begin amounts claimeddeleted text end new text begin claimsnew text end by others deleted text begin you must both statedeleted text end new text begin , listnew text end the names and addresses of
deleted text begin these personsdeleted text end new text begin eachnew text end , and deleted text begin the nature ofdeleted text end new text begin describenew text end their deleted text begin claimdeleted text end new text begin claimsnew text end , if deleted text begin knowndeleted text end new text begin you knownew text end .
.
.
.
deleted text begin
AFFIRMATION
deleted text end
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Earnings Worksheet Affirmation
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I, ........................ (person signing Affirmation), am the third deleted text begin partydeleted text end new text begin party/employernew text end or I
am authorized by the third deleted text begin partydeleted text end new text begin party/employernew text end to complete this earnings disclosure
deleted text begin worksheet,deleted text end and have done so truthfully and to the best of my knowledge.
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Dated:
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Third Party's Name:
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Third Party's Signature:
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EARNINGS DISCLOSURE FORM AND WORKSHEET
FOR CHILD SUPPORT DEBTOR
STATE OF MINNESOTA |
DISTRICT COURT |
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COUNTY OF
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JUDICIAL DISTRICT
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(Creditor)
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(Debtor)
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GARNISHMENT |
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(Garnishee)
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EARNINGS DISCLOSURE |
DEFINITIONS
"EARNINGS": For the purpose of execution, "earnings" means compensation paid or
payable to an employee for personal services or compensation paid or payable to the producer
for the sale of agricultural products; milk or milk products; or fruit or other horticultural
products produced when the producer is operating a family farm, a family farm corporation,
or an authorized farm corporation, as defined in section 500.24, subdivision 2, whether
denominated as wages, salary, commission, bonus, or otherwise, and includes periodic
payments pursuant to a pension or retirement, workers' compensation, or unemployment
benefits.
"DISPOSABLE EARNINGS": Means that part of the earnings of an individual remaining
after the deduction from those earnings of amounts required by law to be withheld. (Amounts
required by law to be withheld do not include items such as health insurance, charitable
contributions, or other voluntary wage deductions.)
"PAYDAY": For the purpose of execution, "payday(s)" means the date(s) upon which
the employer pays earnings to the debtor in the ordinary course of business. If the judgment
debtor has no regular payday, payday(s) means the 15th and the last day of each month.
THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTION:
(1) Do you now owe, or within 90 days from the date the execution levy was served on
you, will you or may you owe money to the debtor for earnings?
Yes
.
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No
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INSTRUCTIONS FOR COMPLETING THE
EARNINGS DISCLOSURE
A. If your answer to question 1 is "No," then you must sign the affirmation below and
return this disclosure to the creditor's attorney (or the creditor if not represented by an
attorney) within 20 days after it was served on you, and you do not need to answer the
remaining questions.
B. If your answer to question 1 is "Yes," you must complete this form and the Earnings
Disclosure Worksheet as follows:
For each payday that falls within 90 days from the date the garnishment summons was
served on you, YOU MUST calculate the amount of earnings to be retained by completing
steps 2 through 8 on page 2, and enter the amounts on the Earnings Disclosure Worksheet.
UPON REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH
INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS
DISCLOSURE WERE MADE.
Each payday, you must retain the amount of earnings listed in column G on the Earnings
Disclosure Worksheet.
You must pay the attached earnings and return this earnings disclosure form and the
Earnings Disclosure Worksheet to the creditor's attorney (or the creditor if not represented
by an attorney) and deliver a copy to the debtor within ten days after the last payday
that falls within the 90-day period. If the claim is wholly satisfied or if the debtor's
employment ends before the expiration of the 90-day period, your disclosure should be
made within ten days after the last payday for which earnings were attached.
For steps 2 through 8, "columns" refers to columns on the Earnings Disclosure Worksheet.
(2) COLUMN A. Enter the date of debtor's payday.
(3) COLUMN B. Enter debtor's gross earnings for each payday.
(4) COLUMN C. Enter debtor's disposable earnings for each payday.
(5) COLUMN D. Enter either 50, 55, 60, or 65 percent of disposable earnings, based
on which of the following descriptions fits the child support judgment debtor:
(a) 50 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received);
(b) 55 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received);
(c) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received);
or
(d) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks
to be calculated to the beginning of the work week in which the execution levy is received).
(Multiply column C by .50, .55, .60, or .65, as appropriate.)
(6) COLUMN E. Enter here any amount claimed by you as a setoff, defense, lien, or
claim, or any amount claimed by any other person as an exemption or adverse interest that
would reduce the amount of earnings owing to the debtor. (Note: Any assignment of earnings
made by the debtor to any party within ten days before the receipt of the first garnishment
on a debt is void. Any indebtedness to you incurred by the debtor within the ten days before
the receipt of the first garnishment on a debt may not be set off against amounts otherwise
subject to the garnishment.)
You must also describe your claim(s) and the claims of others, if known, in the space
provided below the worksheet and state the name(s) and address(es) of these persons.
Enter zero in column E if there are no claims by you or others that would reduce the
amount of earnings owing to the judgment debtor.
(7) COLUMN F. Subtract the amount in column E from the amount in column D and
enter here. This is the amount of earnings that you must remit for the payday for which the
calculations were made.
AFFIRMATION
I, ................... (person signing Affirmation), am the garnishee or I am authorized by the
garnishee to complete this earnings disclosure, and have done so truthfully and to the best
of my knowledge.
Dated:
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Signature |
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Title |
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Telephone Number |
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EARNINGS DISCLOSURE WORKSHEET |
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Debtor's Name |
A |
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C |
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Payday Date |
Gross Earnings |
Disposable Earnings |
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$
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$
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10. |
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D |
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F |
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Either 50, 55, 60, or 65% of Column C |
Setoff, Lien, Adverse Interest, or Other Claims |
Column D minus Column E |
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TOTAL OF COLUMN F $
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*If you entered any amount in column E for any payday(s), you must describe below
either your claims, or the claims of others. For amounts claimed by others, you must both
state the names and addresses of such persons, and the nature of their claim, if known.
.
.
.
AFFIRMATION
I, ................. (person signing Affirmation), am the third party or I am authorized by the
third party to complete this earnings disclosure worksheet, and have done so truthfully and
to the best of my knowledge.
.
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Signature |
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Dated:
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(....)
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Title |
Phone Number |
NONEARNINGS DISCLOSURE FORM
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
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deleted text begin
COUNTY OF
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deleted text end |
deleted text begin
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JUDICIAL DISTRICT
deleted text end |
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deleted text begin
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(Creditor)
deleted text end |
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deleted text begin
against deleted text end deleted text begin deleted text end |
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deleted text begin
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(Debtor)
deleted text end |
deleted text begin
NONEARNINGS DISCLOSURE deleted text end |
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deleted text begin
and deleted text end |
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deleted text begin
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(Garnishee)
deleted text end |
deleted text begin
On the ......... day of .............., ............, the time of service of garnishment summons
herein, there was due and owing the debtor from the garnishee the following:
deleted text end
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
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new text begin
County of:
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new text end |
new text begin
Judicial District:
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new text end |
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new text begin
Court File Number:
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new text end |
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new text begin
Case Type:
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new text end |
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new text begin
Creditor's full name new text end |
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new text begin
.
new text end |
new text begin
Non-Earnings Disclosure new text end |
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new text begin
against new text end |
new text begin
For Non-Child Support Judgments new text end |
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new text begin
Debtor's full name new text end |
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new text begin
.
new text end |
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new text begin
and new text end |
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new text begin
Third Party (bank, employer, or other) new text end |
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new text begin
.
new text end |
new text begin
This form is called a "Non-Earnings Disclosure" or "Disclosure." It is being sent to you
because you might be holding property that belongs to the debtor, or you might owe money
to the debtor.
new text end
new text begin
You are the "third party" or "garnishee." The "debtor" is the person who owes money.
The debtor is also called the "judgment debtor." The "creditor" is the person the debtor owes
money to. The creditor is also called the "judgment creditor." The debtor owes $..................
to the creditor.
new text end
new text begin
You must list any money or property you owe the debtor on the lines below and sign
the affirmation. Write "none" on the line if that is your answer. You must then return this
disclosure to the creditor (or the creditor's lawyer) within 20 days after you got it.
new text end
new text begin
Fill in the date you got this disclosure:
new text end
new text begin
.
(month)
new text end |
new text begin
.
(day),
new text end |
new text begin
.
(year)
new text end |
new text begin
On the date you got this disclosure, you owed the debtor:
new text end
(1) Money. deleted text begin Enter on the line below any amounts due and owing the debtor, except
earnings, from the garnisheedeleted text end new text begin Write down the amount of money you owe the debtor (except
earnings)new text end .
.
(2) Property. deleted text begin Describe on the line belowdeleted text end new text begin Write a short description ofnew text end any personal
property, instruments, or papers belonging to the debtor deleted text begin and in the possession of the garnisheedeleted text end new text begin
that you have in your possession. List the monetary value of each thingnew text end .
.
(3) Setoff. deleted text begin Enter on the line below the amount of anydeleted text end new text begin If you claim anew text end setoff, defense, lien,
or claim deleted text begin which the garnishee claimsdeleted text end against the amount deleted text begin set forthdeleted text end on lines (1) and (2) abovenew text begin
enter that amount on the line belownew text end . State the facts deleted text begin by which the setoff, defense, lien, ordeleted text end new text begin
about yournew text end claim deleted text begin is claimeddeleted text end . deleted text begin (Any indebtedness to a garnishee incurred by the debtor within
the ten days before the receipt of the first garnishment on a debt may not be set off against
amounts otherwise subject to the garnishment.)deleted text end new text begin Note: Any payment the debtor makes to
the garnishee within the 10 days before they get the first garnishment order on that debt
can't be used to lower the amount that is being garnished.
new text end
.
(4) Exemption. Enter deleted text begin on the line belowdeleted text end any amounts or property deleted text begin claimed by the debtor
to be exempt from executiondeleted text end new text begin that the debtor claims is exempt on the line belownew text end .
.
(5) Adverse Interest. Enter on the line below any amounts deleted text begin claimed by other persons by
reason of ownership or interest in the debtor's propertydeleted text end new text begin of the debtor's property that other
people claim they own or have interest innew text end .
.
(6) Enter deleted text begin ondeleted text end the deleted text begin line below thedeleted text end total of lines (3), (4), and (5)new text begin on the line belownew text end .
.
(7) Enter deleted text begin on the line belowdeleted text end the difference obtained (never less than zero) when line (6)
is subtracted from the sum of lines (1) and (2)new text begin on the line belownew text end .
.
(8) deleted text begin Enter on the line belowdeleted text end new text begin Figure outnew text end 110 percent of the amount of the creditor's claim
which deleted text begin remainsdeleted text end new text begin is stillnew text end unpaid.new text begin Enter it on the line below.
new text end
.
(9) deleted text begin Enter on the line below the lesser of linedeleted text end new text begin Look atnew text end (7) and deleted text begin linedeleted text end (8). deleted text begin Retaindeleted text end new text begin Put the
smaller number on the line below. Holdnew text end this amount only if it is $10 or more.
.
AFFIRMATION
I, .......................... (person signing Affirmation), am the garnishee or I am authorized
by the garnishee to complete this nonearnings garnishment disclosuredeleted text begin , anddeleted text end new text begin . Inew text end have done so
truthfully and to the best of my knowledge.
deleted text begin
Dated:
.
deleted text end |
deleted text begin
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deleted text end |
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deleted text begin
Signature deleted text end |
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deleted text begin
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deleted text end |
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deleted text begin
Title deleted text end |
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deleted text begin
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deleted text end |
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deleted text begin
Telephone Number deleted text end |
new text begin
Date:
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new text end |
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new text begin
Name:
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new text end |
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new text begin
Signature:
.
new text end |
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new text begin
Title:
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new text end |
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new text begin
Phone:
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new text end |
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.912, is amended to read:
The notice, instructions, and exemption notice informing
a debtor that a garnishment summons has been used to attach funds of the debtor to satisfy
a claim must be a separate notice and must be substantially in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
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deleted text begin
.
(Creditor)
deleted text end |
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deleted text begin
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(Debtor)
deleted text end |
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deleted text begin
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(Financial institution)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
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new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
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new text begin
Court File Number:
.
new text end |
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new text begin
Case Type:
.
new text end |
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new text begin
Creditor's full name new text end |
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new text begin
.
new text end |
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new text begin
Debtor's full name new text end |
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new text begin
.
new text end |
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new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
Important Notice
deleted text begin
YOUR FUNDS HAVE BEEN GARNISHED
deleted text end
new text begin
Money in Your Account Has Been Frozen
new text end
The Creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .
Your account balance is $.......
The amount being held is $.......
The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.
Some of your money in your account may be protected (the legal word is exempt).
You may be able to get it sooner than 14 days if you act quickly and follow the
instructions on the next page.
The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account
deleted text begin thatdeleted text end may be protected. If your money deleted text begin isdeleted text end new text begin comesnew text end from deleted text begin one or more of these sources, placedeleted text end new text begin a
benefit on the list, putnew text end a check on the line deleted text begin on the form next to the sources of your money.
If it is from one of these sources,deleted text end new text begin next to it.new text end The creditor deleted text begin cannotdeleted text end new text begin can'tnew text end take it.
BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions
and return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last
60 days deleted text begin to have the bank unfreeze your moneydeleted text end . new text begin Instructions and the form are attached. new text end If
you deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions deleted text begin or your Creditor gets an order from the court or writ
of execution,deleted text end your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the money to your creditor. new text begin If
your creditor gets an order from the court or writ of execution, your bank gives the money
to them. new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected, you can still get it back from the
creditor laterdeleted text begin ,deleted text end new text begin .new text end But deleted text begin that is not as easy to do asdeleted text end filling deleted text begin indeleted text end new text begin outnew text end the form nownew text begin is easiestnew text end .
See next pages for instructions and the exemption form.
The instructions required must be in a separate form
and must be substantially in the following form:
Instructions
Note: The creditor is who you owe the money to. You are the debtor.
1. Fill out both of the attached exemption forms in this packet.
If you check one of the lines, you should also give proofnew text begin . Use proofnew text end that deleted text begin showsdeleted text end new text begin shownew text end
that some or all of the money in your account is from one or more of the protected sources.
new text begin This might be letters or account statements. new text end Creditors may ask for a hearing if they question
your exemptions.
To avoid a hearing:
new text begin (i) new text end Case numbers should be added to the form.
new text begin (ii) new text end Copies of documents should be sent with the form.
Notice: You must send deleted text begin to the creditor's attorney (or to the creditor, if no attorney)deleted text end copies
of your bank statements for the past 60 days before the garnishment. new text begin Send them to the
creditor (or to the creditor's lawyer). new text end Keep a copy of your bank statements in case there are
questions about your claim. If you deleted text begin do notdeleted text end new text begin don'tnew text end send new text begin bank statements new text end to the deleted text begin creditor's attorney
(or to the creditor, if no attorney) bank statementsdeleted text end new text begin creditor (or to the creditor's lawyer) alongnew text end
with your exemption claim, the financial institution may deleted text begin releasedeleted text end new text begin givenew text end your money to the
creditornew text begin . They would do thisnew text end once the creditor gives deleted text begin the financial institutiondeleted text end new text begin themnew text end a court
order deleted text begin directing itdeleted text end new text begin saying they havenew text end to turn over the funds.
2. Sign the exemption forms. Make deleted text begin onedeleted text end new text begin anew text end copy to keep for yourself.
3. Mail or deliver the other copies of the form by (insert date).
Both Copies Must Be Mailed or Delivered the Same Day.
One copy of the form and the copies of your bank statements go to:
deleted text begin
.
deleted text end |
deleted text begin
(Insert name of creditor or creditor's attorney) deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
(Insert address of creditor or creditor's attorney) deleted text end |
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
One copy goes to:
deleted text begin
.
deleted text end |
deleted text begin
(Insert name of bank) deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
(Insert address of bank) deleted text end |
new text begin
Bank's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
How The Process Works
If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:
14 days after the date of this letter some or all of your money may be turned over to the
creditornew text begin . This happensnew text end once they get an order from the court telling the deleted text begin financial institutiondeleted text end new text begin
banknew text end to do this.
If You new text begin Do new text end Send in the Exemption Form and Bank Statements:
Any money that is NOT protected can be turned over to the creditor once they get an
order from the court.
If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :
The deleted text begin financial institution willdeleted text end new text begin bank shouldnew text end unfreeze your money deleted text begin sixdeleted text end new text begin 6new text end business days after
deleted text begin the institution getsdeleted text end new text begin they getnew text end your completed form.new text begin If they don't, ask the creditor or the
creditor's lawyer to send a release letter to the bank.
new text end
If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :
The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The
creditor has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You
deleted text begin will receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.
The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin
ifnew text end your money is protected or not. Some reasons a creditor may object are because you deleted text begin did
notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin
gotnew text end . Be sure to include these when you send your exemption form.
You may want to talk to a lawyer for advice about this process. If you are low income
you can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .
deleted text begin
PENALTIES:
deleted text end
new text begin
Warnings and Fines
new text end
If you claim that your money is protected and a court decides you made that claim in
bad faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees,
and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100. new text begin Bad faith is when someone does something
wrong on purpose. new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government
benefits deleted text begin that you do not receivedeleted text end new text begin and you don'tnew text end .
If the creditor made a bad faith objection to your claim that your money is protected,
the court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional
amount ofdeleted text end new text begin a finenew text end up to $100.
The exemption notice must be a separate form and must
be in substantially the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
||
deleted text begin
.
(Financial institution)
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Exemption Form new text end |
|
new text begin
vs. new text end |
||
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Bank's name new text end |
||
new text begin
.
new text end |
deleted text begin
EXEMPTION FORM
deleted text end
A. |
How Much Money is Protectednew text begin (exempt) new text end |
|
deleted text begin
.
deleted text end |
new text begin ... new text end I claim ALL of the money being frozen by the bank is protected. |
|
deleted text begin
.
deleted text end |
new text begin ... new text end I claim SOME of the money is protected. The amount I claim is protected is $....... |
|
B. |
Why The Money is Protected |
|
My money is protected because I get it from one or more of the following places: (Check all that apply) |
||
new text begin
Earnings (Wages) new text end |
||
new text begin
ALL or SOME of my wages may be protected. new text end |
||
new text begin
... Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end |
||
new text begin
For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end |
||
new text begin
(i) 75% of your wages or more (after taxes are taken out), or new text end |
||
new text begin
(ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end |
||
new text begin
new text begin Allnew text end of my wages are protected because: new text end |
||
new text begin
... I get government benefits (a list of government benefits is on the next page) new text end |
||
new text begin
... I am getting other assistance based on need new text end |
||
new text begin
... I have gotten government benefits in the last 6 months new text end |
||
new text begin
... I was in jail or prison in the last 6 months new text end |
||
new text begin
If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end |
||
deleted text begin
.
deleted text end |
Government Benefits |
|
Government benefits new text begin can new text end includedeleted text begin , but are not limited to, the followingdeleted text end new text begin many things. For examplenew text end : |
||
new text begin ... new text end MFIP - Minnesota Family Investment Programdeleted text begin , deleted text end |
||
new text begin ... DWP - new text end MFIP Diversionary Work Programdeleted text begin , deleted text end |
||
new text begin
... SNAP - Supplemental Nutrition Assistance Program new text end |
||
deleted text begin
Work participation cash benefit, deleted text end |
||
new text begin ... new text end GA - General Assistancedeleted text begin , deleted text end |
||
deleted text begin
EA
deleted text end
deleted text begin
- emergency assistance, deleted text end |
||
deleted text begin
MA
deleted text end
deleted text begin
- medical assistance, deleted text end |
||
new text begin ... new text end EGA - Emergency General Assistancedeleted text begin , deleted text end |
||
new text begin ... new text end MSA - Minnesota Supplemental Aiddeleted text begin , deleted text end |
||
new text begin ... new text end MSA-EA - MSA Emergency Assistancedeleted text begin , deleted text end |
||
new text begin
... EA - Emergency Assistance new text end |
||
new text begin
... Energy or Fuel Assistance new text end |
||
new text begin
... Work Participation Cash Benefit new text end |
||
new text begin
... MA - Medical Assistance new text end |
||
deleted text begin
Supplemental Nutrition Assistance Program (SNAP), deleted text end |
||
deleted text begin
SSI - Supplemental Security Income, deleted text end |
||
new text begin
...
new text end
MinnesotaCaredeleted text begin , deleted text end |
||
new text begin ... new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin help new text end |
||
new text begin ... new text end Medicare Part D new text begin - new text end Extra deleted text begin help, deleted text end |
||
deleted text begin
Energy or fuel assistance. deleted text end |
||
new text begin
... SSI - Supplemental Security Income new text end |
||
new text begin
... Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end |
||
new text begin
... Renter's Refund (also called Renter's Property Tax Credit) new text end |
||
deleted text begin
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
LIST THE CASE NUMBER AND COUNTY deleted text end |
||
deleted text begin
Case Number:
.
deleted text end |
||
deleted text begin
County:
.
deleted text end |
||
deleted text begin
Government benefits also include: deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
Social Security benefits deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Unemployment benefits deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Workers' compensation deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Veterans benefits deleted text end |
|
deleted text begin
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. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
Other assistance based on need deleted text end |
deleted text begin
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:
deleted text end
deleted text begin
Source:
.
deleted text end
deleted text begin
Include copies of any documents you have that show the source of this money.
deleted text end
deleted text begin
EARNINGS deleted text end |
||
deleted text begin
ALL or SOME of your earnings (wages) may also be protected. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
All of your earnings (wages) are protected if: deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You get government benefits (see list of government benefits) deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You currently receive other assistance based on need deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You have received government benefits in the last six months deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
You were in jail or prison in the last six months deleted text end |
|
deleted text begin
If you check one of these lines,
deleted text end
deleted text begin
your wages are only protected for 60 days after they are deposited in your account so deleted text end deleted text begin you MUST send the creditor a copy of BANK STATEMENTS deleted text end deleted text begin that show what was in your account deleted text end deleted text begin for the 60 days right before the bank froze your money deleted text end deleted text begin . deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
Some of your earnings (wages) are protected. deleted text end |
|
deleted text begin
If all of your earnings are not exempt, then 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: deleted text end |
||
deleted text begin
75 percent of your wages (after taxes are taken out); or deleted text end |
||
deleted text begin
(insert the sum of the current federal minimum wage) multiplied by 40. deleted text end |
||
deleted text begin
OTHER EXEMPT FUNDS deleted text end |
||
deleted text begin
The money from the following are also completely protected after they are deposited in your account. deleted text end |
||
deleted text begin
.
deleted text end |
deleted text begin
An accident, disability, or retirement pension or annuity deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Payments to you from a life insurance policy deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Earnings of your child who is under 18 years of age deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Child support deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Money paid to you from a claim for damage or destruction of property
deleted text end
deleted text begin
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. deleted text end |
|
deleted text begin
.
deleted text end |
deleted text begin
Death benefits paid to you deleted text end |
new text begin
List the case number and county for every box you checked: new text end |
|
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Case Number:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Government benefits also include: new text end |
|
new text begin
... Social Security benefits new text end |
|
new text begin
... Unemployment benefits new text end |
|
new text begin
... Workers' compensation new text end |
|
new text begin
... Veterans' benefits new text end |
new text begin
If you get any of these government benefits, include copies of any documents that show
you get them.
new text end
new text begin
... I get other assistance based on need that is not on the list. It comes from:
.
new text end
new text begin
.
new text end
new text begin
Make sure you include copies of any documents that show this.
new text end
new text begin
C. Other Protected Funds
new text end
new text begin
The money from these things are also completely protected after they are deposited in
my account.
new text end
new text begin
... Child Support
new text end
new text begin
... A retirement, disability, or accident pension or annuity
new text end
new text begin
... Earnings of my child who is under 18 years of age
new text end
new text begin
... Payments to me from a life insurance policy
new text end
new text begin
... Money paid to me from a claim for damage or destruction of property. Property
includes household goods, farm tools or machinery, tools for my job, business equipment,
a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or
appliances
new text end
new text begin
... Death benefits paid to me
new text end
I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information
about my benefits to the deleted text begin above-nameddeleted text end creditordeleted text begin ,deleted text end new text begin named abovenew text end or deleted text begin its attorneydeleted text end new text begin to the creditor's
lawyernew text end . The information will ONLY deleted text begin concern whetherdeleted text end new text begin be ifnew text end I get deleted text begin benefits or not, or whether
I have gotten themdeleted text end new text begin assistance, or if I have gotten assistancenew text end in the past deleted text begin sixdeleted text end new text begin 6new text end months.new text begin If I
was an inmate in the last 6 months, I give my permission to the correctional institution to
tell the creditor named above or the creditor's lawyer that I was an inmate there.
new text end
deleted text begin
If I was an inmate in the last six months, I give my permission to the correctional
institution to tell the above-named creditor that I was an inmate there.
deleted text end
You must signnew text begin this formnew text end and send deleted text begin THIS FORMdeleted text end new text begin itnew text end back to the creditor's
deleted text begin ATTORNEYdeleted text end new text begin lawyernew text end (or to the creditor, if new text begin there is new text end no deleted text begin ATTORNEYdeleted text end new text begin lawyernew text end ) and the
bank. Remember to include a copy of your bank statements for the past 60 days. Fill
in the blanks below and go back to the instructions to make sure you deleted text begin dodeleted text end new text begin didnew text end it correctly.
I deleted text begin havedeleted text end mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor (or to the creditor's lawyer)
at the address listed below.
new text end
deleted text begin
.
deleted text end |
deleted text begin
(Insert name of creditor or creditor's attorney) deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
(Insert address of creditor or creditor's attorney) deleted text end |
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address
listed deleted text begin in the instructions.deleted text end new text begin below:
new text end
deleted text begin
DATED:
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
DEBTOR deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR ADDRESS deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
DEBTOR TELEPHONE NUMBER deleted text end |
new text begin
Bank's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
Date:
.
new text end |
||
new text begin
Debtor's Signature:
.
new text end |
||
new text begin
Debtor's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
||
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.914, subdivision 2, is amended to read:
The Written Objection
and Notice of Hearing must be in substantially the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
deleted text begin
CREDITOR'S NOTICE OF OBJECTION deleted text end |
|
deleted text begin
AND NOTICE OF HEARING ON deleted text end |
||
deleted text begin
.
(Garnishee)
deleted text end |
deleted text begin
EXEMPTION CLAIM deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
.
deleted text end |
|
deleted text begin
(CREDITOR OR CREDITOR'S ATTORNEY) deleted text end |
|
deleted text begin
NOTICE OF HEARING deleted text end |
|
deleted text begin
The creditor objects to your exemption claim. This hearing is to resolve your exemption claim. deleted text end |
|
deleted text begin
Hearing Date: deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Time: deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Hearing Place: deleted text end |
deleted text begin
.
deleted text end |
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Creditor's Notice of Objection and new text end |
|
new text begin
and new text end |
new text begin
Notice of Hearing on Exemption Claim new text end |
|
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
new text begin
Hearing Notice
new text end
new text begin
The creditor objects to your exemption claim. This hearing is to decide if your exemption
claim is valid.
new text end
new text begin
The hearing will be at: new text end |
||
new text begin
Place:
.
new text end |
new text begin
Date:
.
new text end |
new text begin
Time:
.
new text end |
The creditor objects to your claim of exemption from garnishment for the following
reason(s):
.
|
.
|
.
|
deleted text begin
(Note: Bring with you to the hearing all documents and materials supporting your
exemption claim. Failure to do so could delay the court's decision.)
deleted text end
deleted text begin
If the creditor receives all documents and materials supporting your exemption claim
before the hearing date, the creditor may agree with your claim and you can avoid a hearing.
deleted text end
deleted text begin
Because a court hearing will be held on your claim that your funds are protected, your
financial institution will retain the funds until it receives an order from the court.
deleted text end
new text begin
Note: Bring all your documents and materials that support your exemption claim
to the hearing. If you don't, the court's decision could be held up.
new text end
new text begin
You can send your documents and materials to the creditor before the hearing. If they
review them and agree with your claim, you can avoid a hearing.
new text end
new text begin
Because there is a court hearing scheduled about your exemption claim, your bank will
keep your funds until it gets an order from the court.
new text end
new text begin
Date:
.
new text end |
||
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.925, is amended to read:
The ten-day notice informing a debtor that a garnishment summons may be used to
garnish the earnings of an individual must be substantially in the following form:
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
against deleted text end |
||
deleted text begin
GARNISHMENT EXEMPTION deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
deleted text begin
NOTICE AND NOTICE OF deleted text end |
|
deleted text begin
and deleted text end |
deleted text begin
INTENT TO GARNISH EARNINGS deleted text end |
|
deleted text begin
.
(Garnishee)
deleted text end |
deleted text begin
PLEASE TAKE NOTICE that a garnishment summons or levy may be served upon
your employer or other third parties, without any further court proceedings or notice to you,
ten days or more from the date hereof. Some or all of your earnings are exempt from
garnishment. If your earnings are garnished, your employer must show you how the amount
that is garnished from your earnings was calculated. You have the right to request a hearing
if you claim the garnishment is incorrect.
deleted text end
deleted text begin
Your earnings are completely exempt from garnishment if you are now a recipient of
assistance based on need, if you have been a recipient of assistance based on need within
the last six months, or if you have been an inmate of a correctional institution in the last six
months.
deleted text end
deleted text begin
Assistance based on need includes, but is not limited to:
deleted text end
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Garnishment Exemption Notice and new text end |
|
new text begin
and new text end |
new text begin
Notice of Intent to Garnish Earnings new text end |
|
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
new text begin
Notice: A garnishment may be served on your employer or other third parties.
Garnishment means that part of your earnings can be taken to pay off debts that you
owe. This can happen in 10 days or more after you get this notice. This can happen without
any other court action or notice to you. But some of your money may be protected.
new text end
new text begin
new text begin
Your earnings cannot be taken if: new text end new text end |
||
new text begin
(i) you are getting government assistance based on need, new text end |
||
new text begin
(ii) you got any government assistance based on need in the last 6 months, or new text end |
||
new text begin
(iii) you were an inmate of a correctional institution in the last 6 months. new text end |
new text begin
These are called exemptions. Your money is NOT protected unless you fill out the
Exemption Claim Notice attached and send it back to the creditor or the creditor's
lawyer. If you are not sure if you have any exemptions, talk to a lawyer.
new text end
new text begin
You can also contact the creditor or their lawyer to talk about a settlement of the debt.
new text end
new text begin
Examples of government assistance based on need:
new text end
new text begin (i) new text end MFIP - Minnesota Family Investment Programdeleted text begin , deleted text end |
|
new text begin (ii) DWP - new text end MFIP Diversionary Work Programdeleted text begin , deleted text end |
|
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program new text end |
|
deleted text begin
Work participation cash benefit, deleted text end |
|
new text begin (iv) new text end GA - General Assistancedeleted text begin , deleted text end |
|
deleted text begin
EA
deleted text end
deleted text begin
- emergency assistance, deleted text end |
|
deleted text begin
MA
deleted text end
deleted text begin
- medical assistance, deleted text end |
|
new text begin (v) new text end EGA - Emergency General Assistancedeleted text begin , deleted text end |
|
new text begin (vi) new text end MSA - Minnesota Supplemental Aiddeleted text begin , deleted text end |
|
new text begin (vii) new text end MSA-EA - MSA Emergency Assistancedeleted text begin , deleted text end |
|
deleted text begin
Supplemental Nutrition Assistance Program (SNAP), deleted text end |
|
deleted text begin
SSI - Supplemental Security Income, deleted text end |
|
new text begin
(viii) EA - Emergency Assistance new text end |
|
new text begin
(ix) Energy or Fuel Assistance new text end |
|
new text begin
(x) Work Participation Cash Benefit new text end |
|
new text begin
(xi) MA - Medical Assistance new text end |
|
new text begin
(xii)
new text end
MinnesotaCaredeleted text begin , deleted text end |
|
new text begin (xiii) new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin help new text end |
|
new text begin (xiv) new text end Medicare Part D new text begin - new text end Extra deleted text begin help, deleted text end |
|
deleted text begin
Energy or fuel assistance. deleted text end |
|
new text begin
(xv) SSI - Supplemental Security Income new text end |
|
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end |
|
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end |
deleted text begin
If you wish to claim an exemption, you should fill out the appropriate form below, sign
it, and send it to the creditor's attorney and the garnishee.
deleted text end
deleted text begin
You may wish to contact the attorney for the creditor in order to arrange for a settlement
of the debt or contact an attorney to advise you about exemptions or other rights.
deleted text end
deleted text begin
PENALTIES
deleted text end
deleted text begin
(1) Be advised that even if you claim an exemption, a garnishment summons may still
be served on your employer. If your earnings are garnished after you claim an exemption,
you may petition the court for a determination of your exemption. If the court finds that
the creditor disregarded your claim of exemption in bad faith, you will be entitled to
costs, reasonable attorney fees, actual damages, and an amount not to exceed $100.
deleted text end
deleted text begin
(2) HOWEVER, BE WARNED if you claim an exemption, the creditor can also petition
the court for a determination of your exemption, and if the court finds that you claimed
an exemption in bad faith, you will be assessed costs and reasonable attorney's fees plus
an amount not to exceed $100.
deleted text end
deleted text begin
(3) If after receipt of this notice, you in bad faith take action to frustrate the garnishment,
thus requiring the creditor to petition the court to resolve the problem, you will be liable
to the creditor for costs and reasonable attorney's fees plus an amount not to exceed
$100.
deleted text end
deleted text begin
Dated:
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
(Attorney for) Creditor deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Address deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Telephone deleted text end |
new text begin
Warnings and Fines
new text end
new text begin
(1) Even if you claim an exemption, a levy may still be served on your employer. If they
take money from you after you claim an exemption, you may ask the court to review your
exemption. If the court finds that the creditor ignored your claim of exemption in bad faith,
you are entitled to costs, reasonable lawyer fees, actual damages, and a fine up to $100. Bad
faith is when someone does something wrong on purpose.
new text end
new text begin
(2) BUT if you claim an exemption, the creditor can also ask the court to review your
exemption. If the court finds that you claimed an exemption in bad faith, you are charged
costs and reasonable lawyer fees, and a fine up to $100.
new text end
new text begin
(3) If you get this notice, then do something in bad faith to try to block or stop the levy
and the creditor has to take you to court because of it, you will have to pay the creditor's
costs, and reasonable lawyer's fees, and a fine up to $100.
new text end
new text begin
Date:
.
new text end |
||
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
DEBTOR'S EXEMPTION CLAIM NOTICE
new text begin
State of Minnesota new text end |
new text begin
District Court new text end |
|
new text begin
County of:
.
new text end |
new text begin
Judicial District:
.
new text end |
|
new text begin
Court File Number:
.
new text end |
||
new text begin
Case Type:
.
new text end |
||
new text begin
Creditor's full name new text end |
||
new text begin
.
new text end |
new text begin
Debtor's Exemption new text end |
|
new text begin
and new text end |
new text begin
Claim Notice new text end |
|
new text begin
Debtor's full name new text end |
||
new text begin
.
new text end |
||
new text begin
and new text end |
||
new text begin
Third Party (bank, employer, or other) new text end |
||
new text begin
.
new text end |
I deleted text begin herebydeleted text end claim that my earnings are exempt from new text begin this new text end garnishment because:new text begin (check all
that apply)
new text end
deleted text begin
(1) I am presently a recipient of relief based on need. (Specify the program, case number,
and the county from which relief is being received.)
deleted text end
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Program deleted text end |
deleted text begin
Case Number (if known) deleted text end |
deleted text begin
County deleted text end |
deleted text begin
(2) I am not now receiving relief based on need, but I have received relief based on need
within the last six months. (Specify the program, case number, and the county from
which relief has been received.)
deleted text end
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
deleted text begin
Program deleted text end |
deleted text begin
Case Number (if known) deleted text end |
deleted text begin
County deleted text end |
deleted text begin
(3) I have been an inmate of a correctional institution within the last six months. (Specify
the correctional institution and location.)
deleted text end
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Correctional Institution deleted text end |
deleted text begin
Location deleted text end |
deleted text begin
I hereby authorize any agency that has distributed relief to me or any correctional
institution in which I was an inmate to disclose to the above-named creditor or the creditor's
attorney only whether or not I am or have been a recipient of relief based on need or an
inmate of a correctional institution within the last six months. I have mailed or delivered a
copy of this form to the creditor or creditor's attorney.
deleted text end
deleted text begin
.
deleted text end |
deleted text begin
.
deleted text end |
|
deleted text begin
Date deleted text end |
deleted text begin
Debtor deleted text end |
|
deleted text begin
.
deleted text end |
||
deleted text begin
Address deleted text end |
||
deleted text begin
.
deleted text end |
||
deleted text begin
Debtor Telephone Number deleted text end |
deleted text begin
STATE OF MINNESOTA deleted text end |
deleted text begin
DISTRICT COURT deleted text end |
|
deleted text begin
COUNTY OF
.
deleted text end |
deleted text begin
.
JUDICIAL DISTRICT
deleted text end |
|
deleted text begin
.
(Creditor)
deleted text end |
||
deleted text begin
.
(Debtor)
deleted text end |
||
deleted text begin
.
(Financial institution)
deleted text end |
new text begin
... I am getting government assistance based on need. (State the program, case number
if you know it, and the county you got it from.)
new text end
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
... I am not getting assistance based on need right now, but I did get government assistance
based on need within the last 6 months. (State the program, case number if you know it,
and the county you got it from.)
new text end
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
Program:
.
new text end |
new text begin
Case #:
.
new text end |
new text begin
County:
.
new text end |
new text begin
... I was an inmate of a correctional institution within the last 6 months. (State the
correctional institution and location.)
new text end
new text begin
Correctional Institution
.
new text end |
new text begin
Location
.
new text end |
new text begin
I give my permission to any agency listed above to give information about my benefits
to the creditor named above, or to the creditor's lawyer. The information will ONLY be if
I get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the
last 6 months, I give my permission to the correctional institution to tell the creditor named
above or the creditor's lawyer that I was an inmate there.
new text end
new text begin
Sign and send this form back to the creditor or the creditor's lawyer.
new text end
new text begin
Fill in the blanks below.
new text end
new text begin
I mailed or delivered a copy of this form to the creditor or to the creditor's lawyer if they
have one, at the address listed below.
new text end
new text begin
Date:
.
new text end |
||
new text begin
Creditor's Signature:
.
new text end |
||
new text begin
(or creditor's lawyer's signature) new text end |
||
new text begin
Creditor's Name:
.
new text end |
||
new text begin
(or creditor's lawyer's name) new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
new text begin
Fax:
.
new text end |
|
new text begin
Email:
.
new text end |
new text begin
Date:
.
new text end |
||
new text begin
Debtor's Signature:
.
new text end |
||
new text begin
Debtor's Name:
.
new text end |
||
new text begin
Street Address:
.
new text end |
||
new text begin
City/State/Zip:
.
new text end |
||
new text begin
Phone:
.
new text end |
||
new text begin
Email:
.
new text end |
Minnesota Statutes 2024, section 571.931, subdivision 6, is amended to read:
The debtor shall be served with a copy of the prejudgment garnishment
order issued pursuant to this section together with a copy of all pleadings and other documents
not previously served, including any affidavits upon which the claimant intends to rely at
the subsequent hearing and a transcript of any oral testimony given at the prejudgment
garnishment hearing upon which the creditor intends to rely and a notice of hearing. Service
must be in the manner prescribed for personal service of a summons unless that service is
impracticable or would be ineffective and the court prescribes an alternative method of
service calculated to provide actual notice to the debtor.
The notice of hearing served upon the debtor must be signed by the creditor or the
attorney for the creditor and must be accompanied by an exemption notice. The notice of
hearing must be accompanied by an exemption notice, and both notices must provide, at a
minimum, the following information in substantially the following language:
deleted text begin
NOTICE OF HEARING
deleted text end
new text begin
Hearing Notice
new text end
TO:
new text begin
.
new text end
deleted text begin
(the debtor)
deleted text end
new text begin
(debtor's full name)
new text end
The (insert the name of court) Court has ordered the prejudgment garnishment of some
of your property deleted text begin in the possession or control of a third partydeleted text end . new text begin This is about property that a
third party has or controls. new text end Some of your property may be exempt deleted text begin from seizuredeleted text end new text begin and can't
be takennew text end . See the exemption notice below.
The Court issued this Order deleted text begin based upon the claim ofdeleted text end new text begin becausenew text end (insert name of creditor)
deleted text begin that (insert name of creditor) isdeleted text end new text begin claims they arenew text end entitled to deleted text begin a court order for garnishmentdeleted text end new text begin
take somenew text end of your property deleted text begin to secure your payment of any money judgment that (insert
name of creditor) may later be obtained against you and that immediate action was necessarydeleted text end new text begin .
They do this to make sure you pay any money they might win in a future case against you.
They felt immediate action was needednew text end .
You have the legal right to challenge (insert name of creditor) claims at a court hearing
before a judge.
new text begin
The hearing will be at: new text end |
||
new text begin
Place:
.
new text end |
new text begin
Date:
.
new text end |
new text begin
Time:
.
new text end |
deleted text begin The hearing will be held at the (insert place) on (insert date) at (insert time).deleted text end You deleted text begin may
attenddeleted text end new text begin can go tonew text end the court hearing alone or with deleted text begin an attorneydeleted text end new text begin a lawyernew text end . deleted text begin After you have
presented your side of the matter, the court will decidedeleted text end new text begin You get to tell the court your side
of the issue. Then the court decidesnew text end what should be done with your property until the lawsuit
against you is finally decided.
If you deleted text begin do not attenddeleted text end new text begin don't go tonew text end this hearing, the court may order garnishment of
your property.
Exemption Notice
Some of your property may be exempt and deleted text begin cannot be garnisheddeleted text end new text begin can't be takennew text end . new text begin 'Exempt'
means protected. new text end The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not
new text begin a new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section
550.37deleted text begin , and other state and federal lawsdeleted text end new text begin of the Minnesota Statutesnew text end . If you have questions
about an exemption, deleted text begin you should obtain competentdeleted text end new text begin contact a lawyer fornew text end legal advice.
new text begin
These things you or your family might have are protected:
new text end
(1) deleted text begin a homestead or the proceeds from the sale of a homestead.deleted text end new text begin equity in your home, or
money from recently selling your home - up to $510,000 totalnew text end ;
(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;
new text end
new text begin (ii)new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers,
tablets,new text end televisions deleted text begin up to a total current value of $4,500 at the time of attachment.deleted text end new text begin , printers,
cell phones, smart phones, and other consumer electronics up to $12,150 in all; and
new text end
new text begin
(iii) jewelry - total value can't be more than $3,308;
new text end
(3) a manufactured (mobile) home deleted text begin used as your home.deleted text end new text begin you live innew text end ;
(4) one motor vehicle deleted text begin currently worth less than $2,000 after deducting any security
interest.deleted text end new text begin , counting only the amount you have paid off:
new text end
new text begin
(i) $10,000;
new text end
new text begin
(ii) $12,500 if it is necessary for your business, trade, or profession;
new text end
new text begin
(iii) $25,000 if used by or to help someone with a disability that makes it hard to walk;
or
new text end
new text begin
(iv) $100,000 if designed or modified for someone with a disability that makes it hard
to walk;
new text end
(5) farm machinery deleted text begin used by someone principally engaged in farming, ordeleted text end new text begin if your main
business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade. This
exemption is limited to $10,000.deleted text end new text begin - the total value can't be more than $13,000;
new text end
(6) relief based on need. This includes deleted text begin thedeleted text end new text begin :
new text end
new text begin (i) MFIP -new text end Minnesota Family Investment Program deleted text begin (MFIP), Emergency Assistance (EA),
Work First Program, Medical Assistance (MA),deleted text end new text begin ;
new text end
new text begin
(ii) DWP - MFIP Diversionary Work Program;
new text end
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program;
new text end
new text begin (iv) GA -new text end General Assistance deleted text begin (GA),deleted text end new text begin ;
new text end
new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA),deleted text end new text begin ;
new text end
new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA),deleted text end new text begin ;
new text end
new text begin (vii) MSA-EA - new text end MSA Emergency Assistance deleted text begin (MSA-EA), Supplemental Security Income
(SSI), and Energy Assistance.deleted text end new text begin ;
new text end
new text begin
(viii) EA - Emergency Assistance;
new text end
new text begin
(ix) Energy or Fuel Assistance;
new text end
new text begin
(x) Work Participation Cash Benefit;
new text end
new text begin
(xi) MA - Medical Assistance;
new text end
new text begin
(xii) MinnesotaCare;
new text end
new text begin
(xiii) Medicare Part B - Premium Payments help;
new text end
new text begin
(xiv) Medicare Part D - Extra;
new text end
new text begin
(xv) SSI - Supplemental Security Income;
new text end
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working
Family Credit; and
new text end
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit);
new text end
new text begin
(7) wages. 100% is protected if you get government assistance based on need. Otherwise,
between 75-100% is protected depending on how much you earn;
new text end
new text begin
(8) retirement benefits - the total interest under all plans and contracts can't be more than
$81,000;
new text end
deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefitsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or veterans' benefitsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (9) An accident, disability or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension
or annuitydeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsdeleted text begin .deleted text end new text begin that are not more than $54,000;
new text end
deleted text begin (11) Thedeleted text end new text begin (13)new text end earnings of your minor childdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin -
likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or
a deleted text begin car).deleted text end new text begin car;
new text end
new text begin
(15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious
items. Total value can't be more than $2,000;
new text end
new text begin
(16) personal library - total value can't be more than $750;
new text end
new text begin
(17) musical instruments - total value can't be more than $2,000;
new text end
new text begin
(18) family pets - current value can't be more than $1,000;
new text end
new text begin
(19) a seat or pew in any house or place of public worship and a lot in any burial ground;
new text end
new text begin
(20) tools you need to work in your business or profession - the total value can't be more
than $13,500;
new text end
new text begin
(21) household tools and equipment - things like hand and power tools, snow removal
equipment, lawnmowers, and more. Total value can't be more than $3,000; and
new text end
new text begin
(22) health savings accounts, medical savings accounts - the total value can't be more
than $25,000.
new text end
Minnesota Statutes 2024, section 571.932, subdivision 2, is amended to read:
The creditor's motion to obtain an order of garnishment together with
the creditor's affidavit and notice of hearing must be served in the manner prescribed for
service of a summons in a civil action in district court unless that service is impracticable
or would be ineffective and the court prescribes an alternative method of service calculated
to provide actual notice to the debtor. If the debtor has already appeared in the action, the
motion must be served in the manner prescribed for service of pleadings subsequent to the
summons. The date of the hearing must be fixed in accordance with rule 6 of the Minnesota
Rules of Civil Procedure for the District Courts, unless a different date is fixed by order of
the court.
The notice of hearing served upon the debtor shall be signed by the creditor or the
attorney for the creditor and shall provide, at a minimum, the following information in
substantially the following language:
deleted text begin
NOTICE OF HEARING
deleted text end
new text begin
Hearing Notice
new text end
TO:
new text begin
.
new text end
deleted text begin
(the debtor)
deleted text end
new text begin
(debtor's full name)
new text end
deleted text begin
A hearing will be held (insert place) on (insert date) at (insert time) to determine whether
nonexempt property belonging to you will be garnished to secure a judgment that may be
entered against you.
deleted text end
new text begin
There will be a hearing to decide if your nonexempt property will be garnished to help
pay a judgment that may be entered against you.
new text end
new text begin
The hearing will be at: new text end |
||
new text begin
Place:
.
new text end |
new text begin
Date:
.
new text end |
new text begin
Time:
.
new text end |
You deleted text begin may attenddeleted text end new text begin can go tonew text end the court hearing alone or with deleted text begin an attorneydeleted text end new text begin a lawyernew text end . deleted text begin After
you have presented your side of the matter, the court will decide whetherdeleted text end new text begin You get to tell
the court your side of the issue. Then the court decides ifnew text end your property should be garnished
until the lawsuit deleted text begin which has been commenceddeleted text end against you is finally decided.
If the court deleted text begin directs the issuance ofdeleted text end new text begin issuesnew text end a garnishment summons deleted text begin whiledeleted text end new text begin duringnew text end the
lawsuit deleted text begin is pendingdeleted text end , you deleted text begin may stilldeleted text end new text begin cannew text end keep the property until the lawsuit is decided if you
file a bond deleted text begin in an amountdeleted text end new text begin . The amount of the bond isnew text end set by the court.
If you
deleted text begin
DO NOT ATTEND THIS
deleted text end
new text begin don't go to thisnew text end hearing, the court may order
new text begin garnishment of new text end your nonexempt property
deleted text begin
TO BE GARNISHED
deleted text end
.
Exemption Notice
Some of your property may be exempt and deleted text begin cannotdeleted text end new text begin can'tnew text end be deleted text begin garnisheddeleted text end new text begin takennew text end . new text begin 'Exempt'
means protected. new text end The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not
new text begin a new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section
550.37deleted text begin , and other state and federal lawsdeleted text end new text begin of the Minnesota Statutesnew text end . deleted text begin The dollar amounts
contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the
time of the garnishment.deleted text end If you have questions about an exemption, deleted text begin you should obtain
competentdeleted text end new text begin contact a lawyer fornew text end legal advice.
new text begin
These things you or your family might have are protected:
new text end
(1) deleted text begin A homestead or the proceeds from the sale of a homestead.deleted text end new text begin equity in your home, or
money from recently selling your home - up to $510,000 total;
new text end
(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;
new text end
new text begin (ii)new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers,
tablets,new text end televisions deleted text begin up to a total current value of $5,850.deleted text end new text begin , printers, cell phones, smart phones,
and other consumer electronics up to $12,150 in all; and
new text end
new text begin
(iii) jewelry - total value can't be more than $3,308;
new text end
(3) a manufactured (mobile) home deleted text begin used as your home.deleted text end new text begin you live in;
new text end
(4) one motor vehicle deleted text begin currently worth less than $2,600 after deducting any security
interests.deleted text end new text begin , counting only the amount you have paid off:
new text end
new text begin
(i) $10,000;
new text end
new text begin
(ii) $12,500 if it is necessary for your business, trade, or profession;
new text end
new text begin
(iii) $25,000 if used by or to help someone with a disability that makes it hard to walk;
or
new text end
new text begin
(iv) $100,000 if designed or modified for someone with a disability that makes it hard
to walk;
new text end
(5) farm machinery deleted text begin used by an individual principally engaged in farming, ordeleted text end new text begin if your
main business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade.
This exemption is limited todeleted text end new text begin - the total value can't be more thannew text end $13,000deleted text begin .deleted text end new text begin ;
new text end
(6) relief based on need. This includes deleted text begin thedeleted text end new text begin :
new text end
new text begin (i) MFIP -new text end Minnesota Family Investment Program deleted text begin (MFIP), Emergency Assistance (EA),
Work First Program, Medical Assistance (MA),deleted text end new text begin ;
new text end
new text begin
(ii) DWP - MFIP Diversionary Work Program;
new text end
new text begin
(iii) SNAP - Supplemental Nutrition Assistance Program;
new text end
new text begin (iv) GA -new text end General Assistance deleted text begin (GA),deleted text end new text begin ;
new text end
new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA),deleted text end new text begin ;
new text end
new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA),deleted text end new text begin ;
new text end
new text begin (vii) MSA-EA - new text end MSA Emergency Assistance deleted text begin (MSA-EA), Supplemental Security Income
(SSI), and Energy Assistance.deleted text end new text begin ;
new text end
new text begin
(viii) EA - Emergency Assistance;
new text end
new text begin
(ix) Energy or Fuel Assistance;
new text end
new text begin
(x) Work Participation Cash Benefit;
new text end
new text begin
(xi) MA - Medical Assistance;
new text end
new text begin
(xii) MinnesotaCare;
new text end
new text begin
(xiii) Medicare Part B - Premium Payments help;
new text end
new text begin
(xiv) Medicare Part D - Extra;
new text end
new text begin
(xv) SSI - Supplemental Security Income;
new text end
new text begin
(xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working
Family Credit; and
new text end
new text begin
(xvii) Renter's Refund (also called Renter's Property Tax Credit);
new text end
new text begin
(7) wages. 100% is protected if you get government assistance based on need. Otherwise,
between 75-100% is protected depending on how much you earn;
new text end
new text begin
(8) retirement benefits - the total interest under all plans and contracts can't be more than
$81,000;
new text end
deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefitsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or veterans' benefitsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (9) An accident, disability or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension
or annuitydeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsdeleted text begin .deleted text end new text begin that are not more than $54,000;
new text end
deleted text begin (11) Thedeleted text end new text begin (13)new text end earnings of your minor childdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin -
likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or
a deleted text begin car).deleted text end new text begin car;
new text end
new text begin
(15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious
items. Total value can't be more than $2,000;
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(16) personal library - total value can't be more than $750;
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(17) musical instruments - total value can't be more than $2,000;
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(18) family pets - current value can't be more than $1,000;
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(19) a seat or pew in any house or place of public worship and a lot in any burial ground;
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(20) tools you need to work in your business or profession - the total value can't be more
than $13,500;
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(21) household tools and equipment - things like hand and power tools, snow removal
equipment, lawnmowers, and more. Total value can't be more than $3,000; and
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(22) health savings accounts, medical savings accounts - the total value can't be more
than $25,000.
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The forms in Minnesota Statutes, chapters 550, 551, and 571, as amended by this act
must be active on the Minnesota courts website and in use by Minnesota courts on June 1,
2025. Notwithstanding Laws 2024, chapter 114, article 3, section 101, the effective date,
garnishments governed by Minnesota Statutes, section 571.922, as amended by Laws 2024,
chapter 114, article 3, section 101, are effective June 1, 2025. The failure to use revised
forms before June 1, 2025, is not a basis for a complaint or violation of a federal statute,
Minnesota Statutes, or the Minnesota Rules of Professional Conduct.
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This act is effective retroactively from January 1, 2025.
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