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Minnesota Legislature

Office of the Revisor of Statutes

SF 1253

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:50pm

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

Current Version - as introduced

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A bill for an act
relating to civil actions; providing judgment debtors a standard exemption for
funds in bank or other deposit accounts; amending Minnesota Statutes 2018,
sections 550.135, subdivision 4; 550.143, subdivision 3c; 550.37, subdivision 20,
by adding a subdivision; 551.04, subdivision 3; 551.05, subdivision 1d; 571.912.

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

Section 1.

Minnesota Statutes 2018, section 550.135, subdivision 4, is amended to read:


Subd. 4.

Property not attachable.

The following property is not subject to attachment
by a writ of execution served pursuant to this chapter:

(1) any indebtedness or money due to the judgment debtor, unless at the time of the
service of the writ of execution the same is due absolutely or does not depend upon any
contingency;

(2) any judgment owing by the third party to the judgment debtor, if the third party or
the third party's property is liable on an execution levy upon the judgment;

(3) any debt owing by the third party to the judgment debtor for which any negotiable
instrument has been issued or endorsed by the third party;

(4) any indebtedness or money due to the judgment debtor where the judgment debtor
is a bank, savings bank, trust company, credit union, savings association, or industrial loan
and thrift company with deposit liabilities;

(5) any indebtedness or money due to the judgment debtor with a cumulative value of
less than deleted text begin$10deleted text endnew text begin $25new text end; deleted text beginand
deleted text end

(6) any disposable earnings, indebtedness, or money that is exempt under Minnesota or
federal lawdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) an exemption under section 550.37, subdivision 20, of $....... total for bank or other
deposit accounts.
new text end

Sec. 2.

Minnesota Statutes 2018, section 550.143, subdivision 3c, is amended to read:


Subd. 3c.

deleted text beginForm ofdeleted text end Exemption deleted text beginformdeleted text endnew text begin claimnew text end.

The exemption deleted text beginformdeleted text endnew text begin claimnew text end required by this
subdivision must be sent as a separate deleted text beginformdeleted text endnew text begin claimnew text end and must be deleted text beginindeleted text end substantially deleted text beginthe following
form
deleted text endnew text begin as followsnew text end:

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
. ( deleted text begin Financial deleted text end new text begin Bank or other deposit new text end institution)

new text begin BANK OR OTHER DEPOSIT ACCOUNT new text endEXEMPTION deleted text beginFORMdeleted text endnew text begin CLAIM
new text end

A.
deleted text begin HOW MUCH MONEY IS PROTECTED
deleted text end
.
I claim deleted text beginALL of thedeleted text end money being frozen deleted text beginby thedeleted text end new text beginin my new text endbank deleted text beginis protecteddeleted text endnew text begin or other
deposit account is exempt because it is protected by the standard bank or other
deposit account exemption under Minnesota Statutes, section 550.37, subdivision
20
new text end.
deleted text begin .
deleted text end
deleted text begin I claim SOME of the money is protected. The amount I claim is protected is $.......
deleted text end

new text begin Your Choice
new text end

.
new text begin The standard exemption of $....... will protect my account balance; or it is the only
exemption I am entitled to; or it is the only exemption I choose to claim. (If you
make this choice skip the rest of this form.)
new text end
.
new text begin In addition to the standard exemption, I am entitled to the exemptions indicated
below and I choose to claim them. (If you make this choice, mark below the
additional exemption or exemptions you claim.)
new text end
deleted text begin B.
deleted text end
deleted text begin WHY THE MONEY IS PROTECTED
deleted text end
new text begin B.
new text end
new text beginIn addition, some of new text endmy money is protected because I get it from one or more of the
following places: (Check all that apply)
.
Government benefits
Government benefits include, but are not limited to, the following:
MFIP - Minnesota family investment program,
MFIP Diversionary Work Program,
Work participation cash benefit,
GA - general assistance,
EA - emergency assistance,
MA - medical assistance,
EGA - emergency general assistance,
MSA - Minnesota supplemental aid,
MSA-EA - MSA emergency assistance,
Food Support,
SSI - Supplemental Security Income,
MinnesotaCare,
Medicare Part B premium payments,
Medicare Part D extra help,
Energy or fuel assistance.
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
.
LIST THE CASE NUMBER AND COUNTY
Case Number: .
County: .
Government benefits also include:
.
Social Security benefits
.
Unemployment benefits
.
Workers' compensation
.
Veterans benefits
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.
.
Other assistance based on need

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:

Source: .

Include copies of deleted text beginanydeleted text end documents you have that show the source of this money.

new text begin C.
new text end
EARNINGS
ALL or SOME of your earnings (wages) may also be protected.
.
All of your earnings (wages) are protected if:
.
You get government benefits (see list of government benefits)
.
You currently receive other assistance based on need
.
You have received government benefits in the last six months
.
You were in jail or prison in the last six months
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 new text beginOR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS
that show what was
in your account for the 60 days right before the bank new text beginor other deposit institution
new text end froze your money.
.
Some of your earnings (wages) are protected.
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:
75 percent of your wages (after taxes are taken out); or
deleted text begin (insert the sum ofdeleted text end the deleted text begincurrentdeleted text endnew text begin hourlynew text end federal minimum wagedeleted text begin)deleted text end multiplied by 40.
new text begin D.
new text end
OTHER EXEMPT FUNDS
The money from the following are also completely protected after they are deposited
in your new text beginbank or other deposit new text endaccount.
.
An accident, disability, or retirement pension or annuity
.
Payments to you from a life insurance policy
.
Earnings of your child who is under 18 years of age
.
Child support
.
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.
.
Death benefits paid to you
new text begin E.
new text end
new text begin PERMISSIONS
new text end

I give permission to any agency that has given me cash benefits to give information
about my benefits to the above-named creditor, or its attorney. The information will ONLY
concern whether I get benefits or not, or whether I have gotten them in the past six months.

new text begin F.
new text end
new text begin JAILED OR IMPRISONED
new text end

If I was an inmate in the last six months, I give deleted text beginmydeleted text end permission to the correctional
institution to tell the above-named creditor that I was an inmate there.

new text begin G.
new text end
new text begin SIGNATURES
new text end

YOU MUST SIGN AND SEND THIS deleted text beginFORMdeleted text end new text beginCLAIM new text endBACK TO THE
CREDITOR'S ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) AND
new text begin TO new text endTHE BANKnew text begin OR OTHER DEPOSIT INSTITUTIONnew text end. REMEMBER TO INCLUDE
A COPY OF YOUR BANK new text beginOR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS FOR
THE PAST 60 DAYS. FILL IN THE BLANKS BELOW AND GO BACK TO THE
INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.

I have mailed or delivered a copy of this deleted text beginformdeleted text endnew text begin claimnew text end to:

.

(Insert name of creditor or creditor's attorney)

.

(Insert address of creditor or creditor's attorney)

I have also mailed or delivered a copy of this exemption deleted text beginformdeleted text endnew text begin claimnew text end to my bank new text beginor other
deposit institution
new text endat the address listed in the instructions.

DATED: .
.
DEBTOR
.
DEBTOR ADDRESS
.
DEBTOR TELEPHONE NUMBER

Sec. 3.

Minnesota Statutes 2018, section 550.37, subdivision 20, is amended to read:


Subd. 20.

deleted text beginTraceable fundsdeleted text endnew text begin Bank or other deposit account exemptionsnew text end.

new text begin A debtor's
deposits in bank or other deposit accounts, whether single or joint, up to $......., are exempt
from the claims of creditors and are not subject to garnishment under section 571.74 or
execution or levy under section 550.143. The direct exemption under this subdivision shall
be applied by a bank or other deposit institution without being claimed by the debtor under
section 550.143, subdivision 3c, or 551.05, subdivision 1d.
new text end

new text begin In addition, new text endthe exemption of funds from creditors' claims, provided by subdivisions 9,
10, 11, 15, and 24, shall not be affected by the subsequent deposit of the funds in a bank or
any other deleted text beginfinancialdeleted text endnew text begin depositnew text end institution, whether in a single or joint account, if the funds are
traceable to their exempt source. In tracing the funds, the first-in first-out method of
accounting shall be used. The burden of establishing that new text begintraced new text endfunds are exempt rests upon
the debtor. No bank or other deleted text beginfinancialdeleted text endnew text begin depositnew text end institution shall be liable for damages for
complying with process duly issued out of any court for the collection of a debt even if the
funds affected by the process are subsequently determined to have been exempt.

new text begin If the amount of the direct exemption applicable to a bank or other deposit account
exceeds the balance in the account, the institution shall notify the debtor that there has been
a garnishment or levy, of the fact that no funds have been frozen for the creditor or creditors,
and of the account balance remaining.
new text end

Sec. 4.

Minnesota Statutes 2018, section 550.37, is amended by adding a subdivision to
read:


new text begin Subd. 20a. new text end

new text begin Multiple bank or other deposit accounts. new text end

new text begin If, within a seven-day period, a
creditor garnishes or levies on more than one bank or other deposit institution to collect an
individual's debts, the creditor may direct all the garnished or levied-on institutions not to
apply the standard exemption, but rather to freeze all of the funds in the accounts of the
debtor. The bank or other deposit institution that freezes the funds shall notify the debtor
that the debtor's funds have been frozen and that the debtor may, within 14 days of receipt
of the notice, direct institutions how to apply the exemption. If the debtor fails to specify
how to apply the exemption to the accounts, the bank and other deposit institutions shall
notify the creditor, and the creditor may direct how the exemption is to be applied to the
accounts.
new text end

Sec. 5.

Minnesota Statutes 2018, section 551.04, subdivision 3, is amended to read:


Subd. 3.

Property not attachable.

The following property is not subject to attachment
by a writ of execution served pursuant to this chapter:

(1) any indebtedness or money due to the judgment debtor, unless at the time of the
service of the writ of execution the same is due absolutely or does not depend upon any
contingency;

(2) any judgment owing by the third party to the judgment debtor, if the third party or
the third party's property is liable on an execution levy upon the judgment;

(3) any debt owing by the third party to the judgment debtor for which any negotiable
instrument has been issued or endorsed by the third party;

(4) any indebtedness or money due to the judgment debtor where the judgment debtor
is a bank, savings bank, trust company, credit union, savings association, or industrial loan
and thrift company with deposit liabilities;

(5) any indebtedness or money due to the judgment debtor with a cumulative value of
less than deleted text begin$10deleted text endnew text begin $25new text end; deleted text beginand
deleted text end

(6) any disposable earnings, indebtedness, or money that is exempt under Minnesota or
federal lawdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) one standard bank or other deposit account exemption that totals $......., regardless
of the number of existing separate bank or other deposit accounts.
new text end

Sec. 6.

Minnesota Statutes 2018, section 551.05, subdivision 1d, is amended to read:


Subd. 1d.

deleted text beginForm ofdeleted text end Exemption deleted text beginformdeleted text endnew text begin claimnew text end.

The exemption deleted text beginformdeleted text endnew text begin claimnew text end required by this
subdivision must be a separate deleted text beginformdeleted text endnew text begin claimnew text end and must be deleted text beginindeleted text end substantially deleted text beginthe following formdeleted text endnew text begin
as follows
new text end:

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
. ( deleted text begin Financial deleted text end new text begin Bank or other deposit new text end institution)

new text begin ACCOUNT new text endEXEMPTION deleted text beginFORMdeleted text endnew text begin CLAIM
new text end

A.
deleted text beginHOW MUCHdeleted text end MONEY IS PROTECTED
.
I claim deleted text beginALL of thedeleted text end money being frozen deleted text beginby thedeleted text end new text beginin my new text endbank deleted text beginis protecteddeleted text endnew text begin or other deposit
account is exempt because it is protected by the standard bank or other deposit account
exemption under Minnesota Statutes, section 550.37, subdivision 20
new text end.
deleted text begin .
deleted text end
deleted text begin I claim SOME of the money is protected. The amount I claim is protected is $.......
deleted text end
new text begin Your Choice
new text end
.
new text begin The standard exemption of $....... will protect my account balance; or it is the
only exemption I am entitled to; or it is the only exemption I choose to claim.
(If you make this choice skip the rest of this form.)
new text end
.
new text begin In addition to the standard exemption, I am entitled to the exemptions indicated
below and I choose to claim them. (If you make this choice, mark below the
additional exemption or exemptions you claim.
new text end
deleted text begin B.
deleted text end
deleted text begin WHY THE MONEY IS PROTECTED
deleted text end
new text begin B.
new text end
new text beginIn addition, some of new text endmy money is protected because I get it from one or more of the
following places: (Check all that apply)
.
Government benefits
Government benefits include, but are not limited to, the following:
MFIP - Minnesota family investment program,
MFIP Diversionary Work Program,
Work participation cash benefit,
GA - general assistance,
EA - emergency assistance,
MA - medical assistance,
EGA - emergency general assistance,
MSA - Minnesota supplemental aid,
MSA-EA - MSA emergency assistance,
Food Support,
SSI - Supplemental Security Income,
MinnesotaCare,
Medicare Part B premium payments,
Medicare Part D extra help,
Energy or fuel assistance.
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
.
LIST THE CASE NUMBER AND COUNTY
Case Number: .
County: .
Government benefits also include:
.
Social Security benefits
.
Unemployment benefits
.
Workers' compensation
.
Veterans benefits
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.
.
Other assistance based on need

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:

Source: .

Include copies of deleted text beginanydeleted text end documents you have that show the source of this money.

new text begin C.
new text end
EARNINGS
deleted text begin ALL or SOME of your earnings (wages) may also be protected.
deleted text end
.
All of your earnings (wages) are protected if:
.
You get government benefits (see list of government benefits)
.
You currently receive other assistance based on need
.
You have received government benefits in the last six months
.
You were in jail or prison in the last six months
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
new text begin OR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS
that show what was in your
account for the 60 days right before the bank new text beginor other deposit account new text endfroze your
money
.
.
Some of your earnings (wages) are protected.
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:
75 percent of your wages (after taxes are taken out); or
deleted text begin (insert the sum ofdeleted text end the deleted text begincurrentdeleted text endnew text begin hourlynew text end federal minimum wagedeleted text begin)deleted text end multiplied by 40.
new text begin D.
new text end
OTHER EXEMPT FUNDS
The money from the following are also completely protected after they are deposited
in your account.
.
An accident, disability, or retirement pension or annuity
.
Payments to you from a life insurance policy
.
Earnings of your child who is under 18 years of age
.
Child support
.
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.
.
Death benefits paid to you
new text begin E.
new text end
new text begin PERMISSIONS
new text end

I give permission to any agency that has given me cash benefits to give information
about my benefits to the above-named creditor, or its attorney. The information will ONLY
concern whether I get benefits or not, or whether I have gotten them in the past six months.

new text begin F.
new text end
new text begin JAILED OR IMPRISONED
new text end

If I was an inmate in the last six months, I give deleted text beginmydeleted text end permission to the correctional
institution to tell the above-named creditor that I was an inmate there.

new text begin G.
new text end
new text begin SIGNATURE
new text end

YOU MUST SIGN AND SEND THIS deleted text beginFORMdeleted text endnew text begin CLAIMnew text end BACK TO THE
CREDITOR'S ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) AND
new text begin TO new text endTHE BANKnew text begin OR OTHER DEPOSIT INSTITUTIONnew text end. REMEMBER TO INCLUDE
A COPY OF YOUR BANK new text beginOR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS FOR
THE PAST 60 DAYS. FILL IN THE BLANKS BELOW AND GO BACK TO THE
INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.

I have mailed or delivered a copy of this deleted text beginformdeleted text endnew text begin claimnew text end to:

.
(Insert name of creditor or creditor's attorney)
.
(Insert address of creditor or creditor's attorney)

I have also mailed or delivered a copy of this exemption deleted text beginformdeleted text endnew text begin claimnew text end to my bank new text beginor other
deposit institution
new text endat the address listed in the instructions.

DATED: .
.
DEBTOR
.
DEBTOR ADDRESS
.
DEBTOR TELEPHONE NUMBER

Sec. 7.

Minnesota Statutes 2018, section 571.912, is amended to read:


571.912 deleted text beginFORM OFdeleted text end NOTICE, INSTRUCTIONS, AND EXEMPTION NOTICE.

Subdivision 1.

deleted text beginForm ofdeleted text end Notice.

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 deleted text beginin the following formdeleted text endnew text begin as followsnew text end:

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
. ( deleted text begin Financial deleted text end new text begin Bank or other deposit new text end institution)

IMPORTANT NOTICE

YOUR FUNDS HAVE BEEN GARNISHED

The Creditor has frozen money in your deleted text beginaccount at your financial institutiondeleted text endnew text begin bank or other
deposit account
new text end.

Your account balance is $.......

The amount being held is $.......

The amount being held will be 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 deleted text beginformdeleted text endnew text begin claimnew text end lists some different sources of money in your account
that may be protected. If your money 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 it.

BUT, you must follow the instructions and return the exemption deleted text beginformdeleted text endnew text begin claimnew text end and
copies of your bank new text beginor other deposit account new text endstatements from the last 60 days
to have
the bank new text beginor other deposit institution new text endunfreeze your money. If you do not follow the
instructions or your Creditor gets an order from the court or writ of execution, new text beginthe money
in
new text endyour deleted text beginfinancial institutiondeleted text endnew text begin bank or other deposit accountnew text end will deleted text begingive the moneydeleted text endnew text begin be givennew text end to
your Creditor. If that happens and it is protected, you can still get it back from the Creditor
later, but that is not as easy to do as filling in the deleted text beginformdeleted text endnew text begin exemption claimnew text end now.

See next pages for instructions and the exemption deleted text beginformdeleted text endnew text begin claimnew text end.

Subd. 2.

deleted text beginForm ofdeleted text end Instructions.

The instructions deleted text beginrequireddeleted text end must be in a separate form
and must be substantially deleted text beginin the following formdeleted text endnew text begin as followsnew 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 deleted text beginformsdeleted text endnew text begin claimsnew text end in this packet.

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:

Case numbers should be added to the form.

Copies of documents should be sent with the form.

NOTICE: YOU MUST SEND TO THE CREDITOR'S ATTORNEY (OR TO THE
CREDITOR, IF NO ATTORNEY) COPIES OF YOUR BANK new text beginOR OTHER DEPOSIT
ACCOUNT
new text endSTATEMENTS FOR THE PAST 60 DAYS BEFORE THE
GARNISHMENT. Keep a copy of your bank new text beginor other deposit account new text endstatements 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 new text beginor other deposit account new text endstatements with your
exemption claim, the deleted text beginfinancialdeleted text endnew text begin bank or other depositnew text end institution may release your
money to the creditor once the creditor gives the deleted text beginfinancialdeleted text end new text beginbank or other deposit
new text end institution a court order directing it to turn over the funds.

2. Sign the exemption deleted text beginformsdeleted text endnew text begin claimsnew text end. Make one copy to keep for yourself.

3. Mail or deliver the other copies of the deleted text beginformdeleted text endnew text begin claimnew text end by (insert date).

BOTH COPIES MUST BE MAILED OR DELIVERED THE SAME DAY.

One copy of the deleted text beginformdeleted text endnew text begin claimnew text end and the copies of your bank new text beginor other deposit account
new text end statements go to:

.
(Insert name of creditor or creditor's attorney)
.
(Insert address of creditor or creditor's attorney)

One copy goes to:

.
(Insert name of banknew text begin or other deposit institutionnew text end)
.
(Insert address of banknew text begin or other deposit institutionnew text end)

HOW THE PROCESS WORKS

If You Do Not Send in the Exemption deleted text beginFormdeleted text endnew text begin Claimnew text end and Bank new text beginor Other Deposit
Account
new text endStatements:

14 days after the date of this letter some or all of your money may be turned over to the
creditor once they get an order from the court telling the deleted text beginfinancialdeleted text end new text beginbank or other deposit
new text end institution to do this.

If You Send in the Exemption deleted text beginFormdeleted text endnew text begin Claimnew text end and Bank new text beginor Other Deposit Account
new text end Statements:

Any money that is NOT protected deleted text begincandeleted text endnew text begin maynew text end be turned over to the creditor once they get
an order from the court.

If the Creditor Does Not Object:

The deleted text beginfinancialdeleted text endnew text begin bank or other depositnew text end institution will unfreeze your money six business
days after the new text beginbank or other deposit new text endinstitution gets your completed deleted text beginformdeleted text endnew text begin exemption claimnew text end.

If the Creditor Objects:

The money new text beginthat new text endyou have said is protected on the deleted text beginformdeleted text endnew text begin exemption claimnew text end will be held deleted text beginby
the
deleted text endnew text begin in yournew text end banknew text begin or other deposit accountnew text end. The creditor has six business days to object
(disagree) and ask the court to hold a hearing. You will receive a Notice of Objection and
a Notice of Hearing.

The deleted text beginfinancialdeleted text endnew text begin bank or other depositnew text end institution will hold the money until a court decides
whether your money is protected or not. Some reasons a creditor may object are because
you did not send copies of your bank new text beginor other deposit account new text endstatements or other proof of
the benefits you received. Be sure to include these when you send your exemption deleted text beginformdeleted text endnew text begin
claim
new text end.

You may want to deleted text begintalk todeleted text endnew text begin contactnew text end a lawyer for advice about this process. If deleted text beginyou are lowdeleted text end
new text begin your new text endincome new text beginis low, new text endyou can deleted text begincalldeleted text endnew text begin contactnew text end Legal Aid.

PENALTIES:

If you claim that your money is protected and a court decides you made that claim in
bad faith, the court can order you to pay costs, actual damages, attorney fees, and an
additional amount of up to $100. For example, it may be bad faith if you claim you receive
government benefits that you do not receive.

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, attorney fees, and an additional
amount of up to $100.

Subd. 3.

Exemption deleted text beginnoticedeleted text endnew text begin claimnew text end.

The exemption deleted text beginnoticedeleted text endnew text begin claimnew text end must be deleted text beginadeleted text end separate deleted text beginformdeleted text end
and must be deleted text beginindeleted text end substantially deleted text beginthe following formdeleted text endnew text begin as followsnew text end:

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
. ( deleted text begin Financial deleted text end new text begin Bank or other deposit new text end institution)

new text begin BANK OR OTHER DEPOSIT ACCOUNT new text endEXEMPTION deleted text beginFORMdeleted text endnew text begin CLAIM
new text end

A.
deleted text beginHOW MUCHdeleted text end MONEY IS PROTECTED
.
I claim deleted text beginALL of thedeleted text end money being frozen deleted text beginby the bankdeleted text end new text beginin my deposit account new text endis
deleted text begin protecteddeleted text endnew text begin exempt because it is protected by the standard bank or other deposit account
exemption under Minnesota Statutes, section 550.37, subdivision 20
new text end.
deleted text begin .
deleted text end
deleted text begin I claim SOME of the money is protected. The amount I claim is protected is $.......
deleted text end

new text begin Your Choice
new text end

.
new text begin The standard exemption of $....... will protect my account balance; or it is the only
exemption I am entitled to; or it is the only exemption I choose to claim. (If you
make this choice skip the rest of this form.)
new text end
.
new text begin In addition to the standard exemption, I am entitled to the exemptions indicated
below and I choose to claim them. (If you make this choice, mark below the
additional exemption or exemptions you claim.)
new text end
deleted text begin B.
deleted text end
deleted text begin WHY THE MONEY IS PROTECTED
deleted text end
new text begin B.
new text end
new text beginIn addition, some of new text endmy money is protected because I get it from one or more of the
following places: (Check all that apply)
.
Government benefits
Government benefits include, but are not limited to, the following:
MFIP - Minnesota family investment program,
MFIP Diversionary Work Program,
Work participation cash benefit,
GA - general assistance,
EA - emergency assistance,
MA - medical assistance,
EGA - emergency general assistance,
MSA - Minnesota supplemental aid,
MSA-EA - MSA emergency assistance,
Food Support,
SSI - Supplemental Security Income,
MinnesotaCare,
Medicare Part B premium payments,
Medicare Part D extra help,
Energy or fuel assistance.
LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT
.
LIST THE CASE NUMBER AND COUNTY
Case Number: .
County: .
Government benefits also include:
.
Social Security benefits
.
Unemployment benefits
.
Workers' compensation
.
Veterans benefits
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.
.
Other assistance based on need

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:

Source: .

Include copies of deleted text beginanydeleted text end documents you have that show the source of this money.

new text begin C.
new text end
EARNINGS
ALL or SOME of your earnings (wages) may also be protected.
.
All of your earnings (wages) are protected if:
.
You get government benefits (see list of government benefits)
.
You currently receive other assistance based on need
.
You have received government benefits in the last six months
.
You were in jail or prison in the last six months
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 new text beginOR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS
that show what was
in your account for the 60 days right before the bank new text beginor other deposit institution
new text end froze your money
.
.
Some of your earnings (wages) are protected.
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:
75 percent of your wages (after taxes are taken out); or
deleted text begin (insert the sum ofdeleted text end the deleted text begincurrentdeleted text endnew text begin hourlynew text end federal minimum wagedeleted text begin)deleted text end multiplied by 40.
new text begin D.
new text end
OTHER EXEMPT FUNDS
The money from the following are also completely protected after they are deposited
in yournew text begin bank or other depositnew text end account.
.
An accident, disability, or retirement pension or annuity
.
Payments to you from a life insurance policy
.
Earnings of your child who is under 18 years of age
.
Child support
.
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.
.
Death benefits paid to you
new text begin E.
new text end
new text begin PERMISSION
new text end

I give permission to any agency that has given me cash benefits to give information
about my benefits to the above-named creditor, or its attorney. The information will ONLY
concern whether I get benefits or not, or whether I have gotten them in the past six months.

new text begin F.
new text end
new text begin JAILED OR IMPRISONED
new text end

If I was an inmate in the last six months, I give deleted text beginmydeleted text end permission to the correctional
institution to tell the above-named creditor that I was an inmate there.

new text begin G.
new text end
new text begin SIGNATURE
new text end

YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S
ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) AND new text beginTO new text endTHE BANKnew text begin
OR OTHER DEPOSIT INSTITUTION
new text end. REMEMBER TO INCLUDE A COPY OF
YOUR BANK new text beginOR OTHER DEPOSIT ACCOUNT new text endSTATEMENTS FOR THE PAST
60 DAYS. FILL IN THE BLANKS BELOW AND GO BACK TO THE
INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY.

I have mailed or delivered a copy of this deleted text beginformdeleted text endnew text begin claimnew text end to:

.
(Insert name of creditor or creditor's attorney)
.
(Insert address of creditor or creditor's attorney)

I have also mailed or delivered a copy of this exemption deleted text beginformdeleted text endnew text begin claimnew text end to my bank new text beginor other
deposit institution
new text endat the address listed in the instructions.

DATED: .
.
DEBTOR
.
DEBTOR ADDRESS
.
DEBTOR TELEPHONE NUMBER