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Minnesota Legislature

Office of the Revisor of Statutes

SF 1706

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/10/2019 08:59am

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

Current Version - 1st Engrossment

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A bill for an act
relating to civil actions; extending the 70-day period from date of service of
garnishment to 90 days for earnings; modifying amount of earnings subject to
garnishment; amending Minnesota Statutes 2018, sections 571.72, subdivisions
2, 7; 571.73, subdivision 3; 571.74; 571.75, subdivisions 1, 2; 571.922; 571.923.

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

Section 1.

Minnesota Statutes 2018, section 571.72, subdivision 2, is amended to read:


Subd. 2.

Service of garnishment summons.

To enforce a claim asserted in a civil action
venued in a court of record, a garnishment summons may be issued by a creditor and served
upon the garnishee in the same manner as other summons in that court of record, except
that service may not be made by publication. Service of a garnishment summons on the
garnishee may also be made by certified mail, return receipt requested. A garnishment
summons served by certified mail is effective if served at the garnishee's regular place of
business. The effective date of service by certified mail is the time of receipt by the garnishee.
A single garnishment summons may be addressed to two or more garnishees but must state
whether each is summoned separately or jointly.

The garnishment summons must state:

(1) the full name of the debtor, the debtor's last known mailing address, and the amount
of the claim that remains unpaid;

(2) the date of the entry of judgment against the debtor or that the debtor is in default
pursuant to rule 55.01 of the Minnesota Rules of Civil Procedure for the District Courts.
Where there is a prejudgment garnishment pursuant to section 571.93, the garnishment
summons must include a copy of the court order;

(3) if the garnishment is on any indebtedness, money, or property other than earnings,
the garnishee shall serve upon the creditor and upon the debtor within 20 days after service
of the garnishment summons, a written disclosure, of the garnishee's indebtedness, money,
or other property owing to the debtor and answers to all written interrogatories that are
served with the garnishment summons. The garnishment summons shall also state that if
the garnishment is on earnings and the debtor has garnishable earnings, the garnishee shall
serve the disclosure within ten days of the last payday to occur within the deleted text begin70deleted text endnew text begin 90new text end days after
the date of service of the garnishment summons;

(4) that the creditor shall not require disclosure of the disposable earnings, indebtedness,
money, or property of debtor in the garnishee's possession or under the garnishee's control
in excess of 110 percent of the amount of the claim that remains unpaid;

(5) that the garnishee shall retain disposable earnings, indebtedness, money, or property
of the debtor in the garnishee's possession or under the garnishee's control not in excess of
110 percent of the amount of the claim that remains unpaid, until the creditor causes a writ
of execution to be served upon the garnishee, until the debtor authorizes release to the
creditor, until the creditor authorizes release to the debtor, upon court order, or by operation
of law;

(6) that after the expiration of the period of time specified in section 571.79 from the
date of service of the garnishment summons, the garnishee's retention obligation
automatically expires;

(7) that an assignment of wages made by the debtor within ten days before the service
of the first garnishment summons on a debt is void and that any indebtedness to the garnishee
incurred with ten days before the service of the first garnishment summons on a debt may
not be set off against amounts otherwise subject to the garnishment.

Sec. 2.

Minnesota Statutes 2018, section 571.72, subdivision 7, is amended to read:


Subd. 7.

Forms.

No creditor shall use a form that contains alterations or changes from
the statutory forms that mislead debtors as to their rights and the garnishment procedure
generally. If a court finds that a creditor has used a misleading form, the debtor shall be
awarded actual damages, costs, reasonable attorney's fees resulting from additional
proceedings, and an amount not to exceed $100. All forms must be clearly legible and
printed in not less than the equivalent of 10-point type. A form that uses both sides of a
sheet must clearly indicate on the front side that there is additional information on the back
side of the sheet.

Forms, including the statutory forms, used in garnishments of earnings for the satisfaction
of judgments for child support must be changed by the creditor to reflect the fact that the
deleted text begin 70-daydeleted text endnew text begin 90-daynew text end period of effectiveness does not apply to these garnishments if the judgment
creditor is a county and the employer is notified by the county when the judgment is satisfied.

Sec. 3.

Minnesota Statutes 2018, section 571.73, subdivision 3, is amended to read:


Subd. 3.

Property attachable.

Subject to the exemptions provided by sections 550.37
and 571.922 and any other applicable statute, the service of a garnishment summons under
this chapter attaches:

(1) except as otherwise provided in clause (4), all unpaid nonexempt disposable earnings
owed or to be owed by the garnishee and earned or to be earned by the debtor within the
pay period in which the garnishment summons is served and within all subsequent pay
periods whose paydays occur within the deleted text begin70deleted text endnew text begin 90new text end days after the date of service of the
garnishment summons. "Payday" means the day upon which the garnishee pays earnings
to the debtor 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;

(2) all other nonexempt indebtedness, money, or other property due or belonging to the
debtor and owing by the garnishee or in the possession or under the control of the garnishee
at the time of service of the garnishment summons, whether or not the same has become
payable. The garnishee shall not be compelled to pay or deliver the same before the time
specified by any agreement unless the agreement was fraudulently contracted to defeat a
garnishment or other collection remedy;

(3) all other nonexempt intangible or tangible personal property of the debtor in the
possession or under the control of the garnishee at the time of service of the garnishment
summons, including property of any kind due from or in the hands of an executor,
administrator, personal representative, receiver, or trustee, and all written evidences of
indebtedness whether or not negotiable or not yet underdue or overdue; and

(4) for a garnishment on a judgment for child support by a county, all unpaid nonexempt
disposable earnings owed or to be owed by the garnishee and earned or to be earned by the
debtor within the pay period in which the garnishment summons is served and within all
subsequent pay periods until the judgment is satisfied.

Sec. 4.

Minnesota Statutes 2018, section 571.74, is amended to read:


571.74 GARNISHMENT SUMMONS AND NOTICE TO DEBTOR.

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.

GARNISHMENT SUMMONS
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
UNPAID BALANCE .
. (Debtor's Address)
Date of Entry
. (Garnishee)
of Judgment (or) Subject to Minnesota
Statutes, section 571.71, subd. 2

GARNISHMENT SUMMONS

The State of Minnesota

To the Garnishee named above:

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 deleted text begin70deleted text endnew text begin 90new text end 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.

Your disclosure need not exceed 110 percent of the amount of the creditor's claim that
remains unpaid.

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.

EARNINGS

In the event you are summoned as a garnishee because you owe "earnings" (as defined
on the Earnings Garnishment Disclosure form attached to this Garnishment Summons, if
applicable) to the debtor, then you are required to serve upon the creditor's attorney, or the
creditor if not represented by an attorney, a written earnings disclosure form within the time
limit set forth above.

In the case of earnings you are further required to retain in your possession all unpaid
nonexempt disposable earnings owed or to be owed by you and earned or to be earned to
the debtor within the pay period in which this garnishment summons is served and within
all subsequent pay periods whose paydays (defined above) occur within the deleted text begin70deleted text endnew text begin 90new text end days after
the date of service of this garnishment summons.

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 are prohibited by law from discharging or disciplining the debtor because the debtor's
earnings have been subject to garnishment.

This Garnishment Summons includes:

(check applicable box)

.
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

A Garnishment Summons, Earnings Garnishment Disclosure form, Nonwage Garnishment
Disclosure form, Garnishment Exemption Notices and/or written Interrogatories (strike out
if not applicable), copies of which are hereby served on you, were served upon the Garnishee
by delivering copies to the Garnishee. The Garnishee was paid $15.

Dated: .
.
Attorney for Creditor (or creditor)
.
.
.
Address
.
Telephone
.
Attorney I.D. No

Sec. 5.

Minnesota Statutes 2018, section 571.75, subdivision 1, is amended to read:


Subdivision 1.

Garnishee to disclose.

The garnishee shall serve on both the creditor
and the debtor, within 20 days after service of the garnishment summons, a written disclosure
of the garnishee's indebtedness, money, or other property owing to the debtor. However, if
the garnishment is on earnings and the debtor has garnishable earnings, the garnishee shall
serve the disclosure and earnings disclosure worksheet within ten days after the last payday
to occur within the deleted text begin70deleted text endnew text begin 90new text end days after the date of the service of this garnishment summons.
"Payday" means the day upon which the garnishee pays earnings to the debtor 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. The amount of the garnishee's disclosure need not exceed 110
percent of the amount of the creditor's claim that remains unpaid, after subtracting the total
of setoffs, defenses, exemptions, ownership claims, or other interests. The answers to the
garnishment disclosure form may be served personally or by first class mail. If the disclosure
is by a corporation, it shall be made by an officer, managing agent, or other authorized
person having knowledge of the facts.

Sec. 6.

Minnesota Statutes 2018, section 571.75, subdivision 2, is amended to read:


Subd. 2.

Contents of disclosure.

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

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
GARNISHMENT
. (Garnishee)
EARNINGS DISCLOSURE

DEFINITIONS

"EARNINGS": For the purpose of garnishment, "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.

"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 garnishment, "payday(s)" means the date(s) upon which
the employer pays earnings to the debtor in the ordinary course of business. If the debtor
has no regular payday, payday(s) means the fifteenth and the last day of each month.

THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTIONS:

1. Do you now owe, or within deleted text begin70deleted text endnew text begin 90new text end days from the date the garnishment summons was
served on you, will you or do you expect to owe money to the debtor for earnings?

Yes .
No .

2. Does the debtor earn more than $........ per week? (This amount is the federal minimum
wage per week.)

Yes .
No .

INSTRUCTIONS FOR COMPLETING THE

EARNINGS DISCLOSURE

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.

B. If your answers to both questions 1 and 2 are "Yes," you must complete this form
and the Earnings Disclosure Worksheet as follows:

For each payday that falls within deleted text begin70deleted text endnew text begin 90new text end days from the date the garnishment summons
was served on you, YOU MUST calculate the amount of earnings to be 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.

Each payday, you must retain the amount of earnings listed in Column I on the Earnings
Disclosure Worksheet.

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 deleted text begin70-daydeleted text endnew text begin
90-day
new text end period.

If the claim is wholly satisfied or if the debtor's employment ends before the expiration
of the deleted text begin70-daydeleted text endnew text begin 90-daynew text end period, your disclosure should be made within ten days after the
last payday for which earnings were attached.

For Steps 3 through 11, "Columns" refers to columns on the Earnings Disclosure Worksheet.

3.
COLUMN A.
Enter the date of debtor's payday.
4.
COLUMN B.
Enter debtor's gross earnings for each payday.
5.
COLUMN C.
Enter debtor's disposable earnings for each payday.
6.
COLUMN D.
Enter 25 percent of disposable earnings. (Multiply
Column C by .25.)
7.
COLUMN E.
Enter here 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.)
8.
COLUMN F.
Subtract the amount in Column E from the amount in
Column C, and enter here.
9.
COLUMN G.
Enter here the lesser of the amount in Column D and
the amount in Column F.
10.
COLUMN H.
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.)
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 H if there are no claims by you
or others which would reduce the amount of earnings
owing to the debtor.
11.
COLUMN I.
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.

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: .
.
Signature
.
Title
.
Telephone Number

EARNINGS DISCLOSURE WORKSHEET

.............................

Debtor's Name

A
B
C
Payday Date
Gross Earnings
Disposable
Earnings
1.
.
$ .
$ .
2.
.
.
.
3.
.
.
.
4.
.
.
.
5.
.
.
.
6.
.
.
.
7.
.
.
.
8.
.
.
.
9.
.
.
.
10.
.
.
.
D
E
F
25% of
Column C
40 X Min. Wage
Column C minus
Column E
1.
.
.
.
2.
.
.
.
3.
.
.
.
4.
.
.
.
5.
.
.
.
6.
.
.
.
7.
.
.
.
8.
.
.
.
9.
.
.
.
10.
.
.
.
G
H
I
Lesser of
Column D and
Column F
Setoff, Lien,
Adverse Interest,
or Other Claims
Column G minus
Column H
1.
.
.
.
2.
.
.
.
3.
.
.
.
4.
.
.
.
5.
.
.
.
6.
.
.
.
7.
.
.
.
8.
.
.
.
9.
.
.
.
10.
.
.
.
TOTAL OF COLUMN I
$ .

*If you entered any amount in Column H 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 these 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.

Dated: .
Signature .
Title .
Telephone Number (....) .

EARNINGS DISCLOSURE FORM AND WORKSHEET

FOR CHILD SUPPORT DEBTOR

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
. (Debtor)
GARNISHMENT
. (Garnishee)
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 deleted text begin70deleted text endnew text begin 90new text end days from the date the execution levy was served
on you, will you or may you owe money to the debtor for earnings?

Yes .
No .

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 deleted text begin70deleted text endnew text begin 90new text end 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 deleted text begin70-daydeleted text endnew text begin 90-daynew text end period. If the claim is wholly satisfied or if the debtor's
employment ends before the expiration of the deleted text begin70-daydeleted text endnew text begin 90-daynew text end 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: .
.
Signature
.
Title
.
Telephone Number
EARNINGS DISCLOSURE
WORKSHEET
.
Debtor's Name
A
B
C
Payday Date
Gross Earnings
Disposable
Earnings
1.
.
$ .
$ .
2.
.
.
.
3.
.
.
.
4.
.
.
.
5.
.
.
.
6.
.
.
.
7.
.
.
.
8.
.
.
.
9.
.
.
.
10.
.
.
.
D
E
F
Either 50, 55, 60, or
65% of Column C
Setoff, Lien,
Adverse Interest,
or Other Claims
Column D minus
Column E
1.
.
.
.
2.
.
.
.
3.
.
.
.
4.
.
.
.
5.
.
.
.
6.
.
.
.
7.
.
.
.
8.
.
.
.
9.
.
.
.
10.
.
.
.
TOTAL OF COLUMN F $ .

*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.

.
Signature
Dated: .
.
(....) .
Title
Phone Number

NONEARNINGS DISCLOSURE FORM

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF .
. JUDICIAL DISTRICT
. (Creditor)
against
. (Debtor)
NONEARNINGS DISCLOSURE
and
. (Garnishee)

On the ......... day of .............., ............, the time of service of garnishment summons
herein, there was due and owing the debtor from the garnishee the following:

(1) Money. Enter on the line below any amounts due and owing the debtor, except
earnings, from the garnishee.

.

(2) Property. Describe on the line below any personal property, instruments, or papers
belonging to the debtor and in the possession of the garnishee.

.

(3) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim which
the garnishee claims against the amount set forth on lines (1) and (2) above. State the facts
by which the setoff, defense, lien, or claim is claimed. (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.)

.

(4) Exemption. Enter on the line below any amounts or property claimed by the debtor
to be exempt from execution.

.

(5) Adverse Interest. Enter on the line below any amounts claimed by other persons by
reason of ownership or interest in the debtor's property.

.

(6) Enter on the line below the total of lines (3), (4), and (5).

.

(7) Enter on the line below the difference obtained (never less than zero) when line (6)
is subtracted from the sum of lines (1) and (2).

.

(8) Enter on the line below 110 percent of the amount of the creditor's claim which
remains unpaid.

.

(9) Enter on the line below the lesser of line (7) and line (8). Retain 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 disclosure, and have done so
truthfully and to the best of my knowledge.

Dated: .
.
Signature
.
Title
.
Telephone Number

Sec. 7.

Minnesota Statutes 2018, section 571.922, is amended to read:


571.922 LIMITATION ON WAGE GARNISHMENT.

(a) Unless the judgment is for child support, the maximum part of the aggregate
disposable earnings of an individual for any pay period subjected to garnishment may not
exceed the lesser of:

(1) 25 percent of the debtor's disposable earnings; or

(2) the amount by which the debtor's disposable earnings exceed the deleted text beginfollowing productdeleted text endnew text begin
greater of
new text end:

new text begin (i) 40 times the hourly wage described in section 177.24, subdivision 1, paragraph (b),
item (iii); or
new text end

new text begin (ii)new text end 40 times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair
Labor Standards Act of 1938, United States Code, title 29, section 206(a)(1)deleted text begin,deleted text endnew text begin. The calculation
of the amount that is subject to garnishment must be based on the hourly wage
new text end in effect at
the time the earnings are payable, times the number of work weeks in the pay period. When
a pay period consists of other than a whole number of work weeks, each day of that pay
period in excess of the number of completed work weeks shall be counted as a fraction of
a work week equal to the number of excess workdays divided by the number of days in the
normal work week.

(b) If the judgment is for child support, the garnishment may not exceed:

(1) 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);

(2) 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 garnishment summons is
received);

(3) 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

(4) 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 garnishment summons is
received).

Wage garnishments on judgments for child support are effective until the judgments are
satisfied if the judgment creditor is a county and the employer is notified by the county
when the judgment is satisfied.

(c) No court may make, execute, or enforce an order or any process in violation of this
section.

Sec. 8.

Minnesota Statutes 2018, section 571.923, is amended to read:


571.923 MULTIPLE EARNINGS GARNISHMENTS.

Except as otherwise provided in this chapter or section 518A.53, the priority of multiple
earnings garnishments shall be determined by the order in which the garnishment summonses
were served on the employer. If the employer is served with two or more garnishment
summonses at the same time on the same day, the garnishment summons issued pursuant
to the first judgment entered has priority. If two or more garnishment summonses are served
on the same day and are based on judgments entered on the same day or if there are two or
more garnishment summonses based on prejudgment garnishment pursuant to section 571.93,
then the employer shall select the priority of the earnings garnishments. However, in all
cases except wage garnishments on judgments for child support if the judgment creditor is
a county and the employer is notified by the county when the judgment is satisfied,
garnishments shall be effective no longer than deleted text begin70deleted text endnew text begin 90new text end days from the date of the service of
the garnishment summons.

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective August 1, 2019, and apply to all earnings garnished on or
after that date.
new text end