Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 153-H.F.No. 449 
           An act relating to attachments; providing procedures 
          for the prejudgment seizure of property; amending 
          Minnesota Statutes 1984, sections 570.01; 570.02; 
          570.08; 570.11; 570.12; and 570.14; repealing 
          Minnesota Statutes 1984, sections 570.013; 570.03; 
          570.04; 570.05; 570.06; 570.07; 570.09; 570.093; 
          570.10; and 570.13; proposing coding for new law in 
          Minnesota Statutes, chapter 570. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 570.01, is 
amended to read: 
    570.01 [ALLOWANCE OF WRIT ATTACHMENT.] 
    In an As a proceeding ancillary to a civil action for the 
recovery of money, other than for libel, slander, seduction, 
breach of promise of marriage, false imprisonment, malicious 
prosecution, or assault and battery, the plaintiff claimant, at 
the time of issuing the summons commencement of the civil action 
or at any time thereafter, may have the property of 
the defendant respondent attached in the manner hereinafter and 
in the circumstances prescribed in sections 1 to 15, as security 
for the satisfaction of such any judgment as he that the 
claimant may recover.  A writ of attachment shall be allowed by 
a judge of the court in which the action is brought, or a court 
commissioner of the county.  The action must be begun as 
provided by law not later than 60 days after issuance of the 
writ.  The order for attachment shall be issued only by a judge 
of the court in the county in which the civil action is 
pending.  All property not exempt from execution under the 
judgment demanded in the civil action may be subject to 
attachment. 
    Sec. 2.  [570.011] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 1 to 
15, the terms defined in this section have the meanings given 
them. 
    Subd. 2.  [CLAIMANT.] "Claimant" means a party requesting 
an order of attachment, whether that party is the plaintiff, 
defendant, or any other party in the civil action. 
    Subd. 3.  [RESPONDENT.] "Respondent" means a party against 
whom an order of attachment is requested. 
    Subd. 4.  [DESIGNATION OF PARTIES.] Each pleading or other 
document presented for filing pertaining to the ancilliary 
proceeding for attachment shall designate each party as claimant 
or respondent. 
    Sec. 3.  Minnesota Statutes 1984, section 570.02, is 
amended to read: 
    570.02 [GROUNDS FOR ATTACHMENT; AFFIDAVIT.] 
    Subdivision 1.  [AFFIDAVIT.] To obtain the writ of 
attachment, the plaintiff, his agent or attorney, shall make 
affidavit that a cause of action exists against the defendant, 
specifying the amount of the claim and the ground thereof. 
    Subd. 2.  [GROUNDS.] (a) A writ of attachment which serves 
to acquire quasi in rem jurisdiction over a defendant may be 
issued in the following situations:  
    (1) When the defendant's property, present within the 
state, is the subject of or directly related to the controversy 
between the parties;  
    (2) When a nonresident or foreign corporation owns or has 
an interest in tangible property which is permanently or 
regularly present within the state;  
    (3) When a resident, domiciliary, or domestic corporation 
owns or has an interest in tangible property which is present, 
no matter how irregularly, within the state;  
    (4) When a person, resident or nonresident, or a 
corporation, domestic or foreign, owns or has an interest in any 
kind of property, tangible or intangible, which is present 
within the state, and no more convenient forum exists in the 
United States; or 
    (5) When a person, resident or nonresident, or corporation, 
domestic or foreign, owning or having an interest in any kind of 
property, tangible or intangible, which is present within the 
state, would be subject to in personam jurisdiction under the 
due process clause, even though the state jurisdictional 
statutes do not provide it.  
    (b) An order of attachment which serves only to secure 
property and not to acquire jurisdiction over the defendant is 
intended to provide security for the satisfaction of a judgment 
may be issued only in the following situations:  
    (1) When a person, resident or nonresident, a corporation, 
domestic or foreign, owns or has any interest in any kind of 
property, tangible or intangible, which is present within the 
state and may be applied to the satisfaction of a valid in 
personam judgment against the defendant; or 
    (2) When a valid in personam action has been instituted and 
a person, resident or nonresident, or corporation, domestic or 
foreign, owns or has an interest in any kind of property, 
tangible or intangible, which is present within the state and 
may be applied to the satisfaction of a valid in personam 
judgment, when rendered, against the defendant, if the court, 
after notice and opportunity for hearing, determines:  
    (i) That person or corporation with intent to defraud or 
delay his creditors has removed or is about to remove property 
from this state; or 
    (ii) That person or corporation has assigned, disposed of, 
or secreted or is about to assign, dispose of, or secrete, 
property with intent to defraud or delay his creditors.  
    (1) when the respondent has assigned, secreted, or disposed 
of, or is about to assign, secrete, or dispose of, any of the 
respondent's nonexempt property, with intent to delay or defraud 
the respondent's creditors; 
    (2) when the respondent has removed, or is about to remove, 
any of the respondent's nonexempt property from this state, with 
intent to delay or defraud the respondent's creditors;  
    (3) when the respondent has converted or is about to 
convert any of the respondent's nonexempt property into money or 
credits, for the purpose of placing the property beyond the 
reach of the respondent's creditors;  
    (4) when the respondent has committed an intentional fraud 
giving rise to the claim upon which the civil action is brought; 
or 
    (5) when the respondent has committed any act or omission, 
for which the respondent has been convicted of a felony, giving 
rise to the claim upon which the civil action is brought. 
    Subd. 2.  [QUASI-IN-REM JURISDICTION.] Attachment may be 
used to obtain quasi-in-rem jurisdiction over a party to the 
extent consistent with due process of law. 
    Sec. 4.  [570.025] [PRELIMINARY ATTACHMENT ORDER UPON 
EXTRAORDINARY CIRCUMSTANCES.] 
    Subdivision 1.  [APPLICATION.] A claimant seeking a 
preliminary attachment order in extraordinary circumstances to 
secure property prior to the hearing specified in section 5 
shall proceed by written application.  The application shall be 
accompanied by affidavits or by oral testimony if allowed by the 
court, or both, setting forth in detail: 
    (1) the basis and the amount of the claim in the civil 
action; 
    (2) the facts which constitute the grounds for attachment 
as specified in subdivision 2; and 
    (3) a good faith estimate, based on facts known to the 
claimant, of any harm that would be suffered by the respondent 
if a preliminary attachment order is entered. 
    Subd. 2.  [CONDITIONS.] A preliminary attachment order may 
be issued prior to the hearing specified in section 5 only if 
the following conditions are met: 
    (1) the claimant has made a good faith effort to inform the 
respondent of the application for a preliminary attachment order 
or that informing the respondent would endanger the ability of 
the claimant to recover upon a judgment subsequently awarded; 
    (2) the claimant has demonstrated the probability of 
success on the merits; 
    (3) the claimant has demonstrated the existence of one or 
more of the grounds specified in section 570.02, subdivision 1, 
clause (1), (2), or (3); and 
    (4) due to extraordinary circumstances, the claimant's 
interests cannot be protected pending a hearing by an 
appropriate order of the court, other than by directing a 
prehearing seizure of property. 
    Subd. 3.  [ORDER.] All preliminary attachment orders shall: 
    (1) state the names and addresses of all affiants whose 
affidavits were submitted to the court and of all witnesses who 
gave oral testimony; 
    (2) contain specific findings of fact, based upon competent 
evidence presented either in the form of affidavits or oral 
testimony, if the court permits, supporting the conclusion that 
each of the conditions in subdivision 2 have been met; 
    (3) be narrowly drafted to minimize any harm to the 
respondent as a result of the seizure of the respondent's 
property; and 
    (4) to the extent possible, specify the property to be 
seized. 
    Subd. 4.  [SUBSEQUENT HEARING.] If the court issues a 
preliminary attachment order, the order must establish a date 
for a hearing at which the respondent may be heard.  The 
subsequent hearing shall be conducted at the earliest 
practicable time.  At the hearing, the burden of proof shall be 
on the claimant. 
    Subd. 5.  [STANDARDS AT SUBSEQUENT HEARING.] The hearing 
held pursuant to subdivision 4 shall be conducted in accordance 
with the standards established in section 5.  In addition, if 
the court finds that the motion for a prehearing attachment 
order was made in bad faith, the court shall award respondent 
the actual damages, including reasonable attorney's fees, 
suffered by reason of seizure of the property. 
    Subd. 6.  [NOTICE.] The respondent shall be served with a 
copy of the preliminary attachment 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 preliminary 
hearing upon which the claimant intends to rely and a notice of 
hearing.  Service shall 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 
respondent. 
    The notice of hearing served upon the respondent shall be 
signed by claimant or the attorney for claimant and shall 
provide, at a minimum, the following information in 
substantially the following language: 
 NOTICE OF HEARING 
    To:  (the respondent) 
     The (insert name of court) Court has ordered the sheriff to 
seize some of your property.  The court has directed the sheriff 
to seize the following specific property:  (insert list of 
property).  (List other action taken by the court).  Some of 
your property may be exempt from seizure.  See the exemption 
notice below. 
     The Court issued this Order based upon the claim of (insert 
name of claimant) that (insert name of claimant) is entitled to 
a court order for seizure of your property to secure your 
payment of any money judgment that (insert name of claimant) may 
later be obtained against you and that immediate action was 
necessary. 
    You have the legal right to challenge (insert name of 
claimant) claims at a court hearing before a judge.  The hearing 
will be held at the (insert place) on (insert date) at (insert 
time).  You may attend the court hearing alone or with an 
attorney.  After you have presented your side of the matter, the 
court will decide what should be done with your property until 
the lawsuit against you is finally decided.  
    IF YOU DO NOT ATTEND THIS HEARING, THE COURT MAY ORDER THE 
SHERIFF TO KEEP PROPERTY THAT HAS BEEN SEIZED. 
 EXEMPTION NOTICE 
    An order of attachment is being served upon you.  Some of 
your property is exempt and cannot be seized.  The following is 
a list of some of the more common exemptions.  It is not 
complete and is subject to Minnesota Statutes, section 550.37, 
and other state and federal laws.  If you have questions about 
an exemption, you should obtain competent legal advice. 
    1.  A homestead or the proceeds from the sale of a 
homestead. 
    2.  Household furniture, appliances, phonographs, radios, 
and televisions up to a total current value of $4,500 at the 
time of attachment. 
    3.  A manufactured (mobile) home used as your home. 
    4.  One motor vehicle currently worth less than $2,000 
after deducting any security interests. 
    5.  Farm machinery used by someone principally engaged in 
farming, or tools, machines, or office furniture used in your 
business or trade.  This exemption is limited to $5,000. 
    6.  Relief based on need.  This includes Aid to Families 
with Dependent Children (AFDC), Supplemental Security Income 
(SSI), Minnesota Supplemental Assistance, and General Assistance.
    7.  Social Security benefits. 
    8.  Unemployment compensation, workers' compensation, or 
veterans' benefits. 
    9.  An accident disability or retirement pension or annuity.
    10.  Life insurance proceeds or the earnings of your minor 
child. 
     11.  Money from a claim for damage or destruction of exempt 
property (such as household goods, farm tools, business 
equipment, a manufactured (mobile) home, or a car). 
    Sec. 5.  [570.026] [ATTACHMENT AFTER NOTICE AND HEARING.] 
    Subdivision 1.  [MOTION.] A claimant seeking to obtain an 
order of attachment in other than extraordinary circumstances 
shall proceed by motion.  The motion shall be accompanied by an 
affidavit setting forth in detail: 
    (1) the basis and amount of the claim in the civil action; 
and 
    (2) the facts which constitute one or more of the grounds 
for attachment as specified in section 570.02. 
    Subd. 2.  [SERVICE.] The claimant's motion to obtain an 
order of attachment together with the claimant's affidavit and 
notice of hearing shall 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 respondent.  If the respondent has 
already appeared in the action, the motion shall be served in 
the manner prescribed for service of pleadings subsequent to the 
summons.  The date of hearing shall be fixed in accordance with 
Rule 6 of the Minnesota Rules of Civil Procedure, unless a 
different date is fixed by order of the court. 
    The notice of hearing served upon the respondent shall be 
signed by the claimant or the attorney for the claimant and 
shall provide, at a minimum, the following information in 
substantially the following language:  
 NOTICE OF HEARING 
    TO:  (the respondent) 
    A hearing will be held (insert place) on (insert date) at 
(insert time) to determine whether the sheriff shall seize 
nonexempt property belonging to you to secure a judgment that 
may be entered against you. 
    You may attend the court hearing alone or with an 
attorney.  After you have presented your side of the matter, the 
court will decide what should be done with your property until 
the lawsuit which has been commenced against you is finally 
decided. 
    If the court directs the sheriff to seize and secure the 
property while the lawsuit is pending, you may still keep the 
property until the lawsuit is decided if you file a bond in an 
amount set by the court. 
    IF YOU DO NOT ATTEND THIS HEARING, THE COURT MAY ORDER YOUR 
NONEXEMPT PROPERTY TO BE SEIZED. 
 EXEMPTION NOTICE 
    Some of your property is exempt and cannot be attached. The 
following is a list of some of the more common exemptions. It is 
not complete and is subject to Minnesota Statutes, section 
550.37, and other state and federal laws.  If you have questions 
about an exemption you should obtain competent legal advice. 
    1.  A homestead or the proceeds from the sale of a 
homestead. 
     2.  Household furniture, appliances, phonographs, radios, 
and televisions up to a total current value of $4,500 at the 
time of attachment. 
     3.  A manufactured (mobile) home used as your home. 
     4.  One motor vehicle currently worth less than $2,000 
after deducting any security interests. 
     5.  Farm machinery used by someone principally engaged in 
farming, or tools, machines, or office furniture used in your 
business or trade.  This exemption is limited to $5,000. 
     6.  Relief based on need.  This includes Aid to Families 
with Dependent Children (AFDC), Supplemental Security Income 
(SSI), Minnesota Supplemental Assistance, and General Assistance.
     7.  Social Security benefits. 
     8.  Unemployment compensation, workers' compensation, or 
veterans' benefits. 
     9.  An accident disability or retirement pension or annuity.
     10.  Life insurance proceeds or the earnings of your minor 
child. 
     11.  Money from a claim for damage or destruction of exempt 
property (such as household goods, farm tools, business 
equipment, a manufactured (mobile) home, or a car). 
    Subd. 3.  [STANDARDS FOR ORDER.] An order for attachment 
may be issued only if the claimant has demonstrated the 
probability of success on the merits, and the claimant has 
demonstrated facts that show the existence of at least one of 
the grounds stated in section 570.02.  However, even if those 
standards are met, the order may not be issued if: 
    (1) the circumstances do not constitute a risk to 
collectibility of any judgment that may be entered; or 
    (2) (i) respondent has raised a defense to the merits of 
the claimant's claim or has raised a counterclaim in an amount 
equal to or greater than the claim and the defense or 
counterclaim is not frivolous; and 
    (ii) the interests of the respondent cannot be adequately 
protected by a bond filed by the claimant pursuant to section 6 
if property is attached; and 
    (iii) the harm suffered by the respondent as a result of 
seizure would be greater than the harm which would be suffered 
by the claimant if property is not attached. 
    Subd. 4.  [PROTECTION OF CLAIMANT.] If the claimant makes 
the showing prescribed by subdivision 3 but the court 
nevertheless determines that an order of attachment should not 
be issued for the reasons set forth in subdivision 3, clause 
(2), the court shall enter a further order protecting the rights 
of the claimant to the extent possible.  The order may require 
that the respondent post a bond in an amount set by the court, 
that the respondent make the property available for inspection 
from time to time, that the respondent be restrained from 
certain activities, including, but not limited to, selling, 
disposing, or otherwise encumbering property, or any other 
provision the court may deem appropriate. 
    Subd. 5.  [STAY OF ORDER.] An order requiring seizure of 
property may be stayed up to three days to allow the respondent 
time to post a bond. 
    Sec. 6.  [570.041] [BONDING REQUIREMENTS.] 
    Subdivision 1.  [AMOUNT AND CONDITION.] Before issuing any 
order of attachment, the court shall require the claimant to 
post a bond in the penal sum of at least $500, conditioned that 
if judgment be given for the respondent or if the order is 
vacated, the claimant will pay all costs that may be awarded 
against the claimant and all damages caused by the attachment. 
Damages may be awarded in a sum in excess of the bond only if, 
before issuance of the order establishing the amount of the 
bond, the respondent specifically notified the claimant and the 
court of the likelihood that the respondent would suffer the 
specific damages, or the court finds that the claimant acted in 
bad faith in bringing or pursuing the attachment proceeding.  In 
establishing the amount of the bond, the court shall consider 
the value and nature of the property attached, the method of 
retention or storage of the property, the potential harm to the 
respondent or any party, and other factors that the court deems 
appropriate.  Nothing in this section shall modify or restrict 
the application of sections 549.20 or 549.21. 
     Subd. 2.  [MODIFICATIONS.] The court may at any time modify 
the amount of the bond upon its own motion or upon the motion of 
any party based on the value of the property attached, the 
nature of the property attached, the methods of retention or 
storage of the property, the potential harm to the respondent or 
any party, or other factor which the court deems appropriate. 
    Subd. 3.  [ALTERNATIVES.] In lieu of filing a bond, either 
the claimant or the respondent may satisfy bonding requirements 
by depositing cash, a letter of credit, a cashier's check, or a 
certified check with the court. 
    Sec. 7.  [570.051] [THE ATTACHMENT ORDER.] 
    Subdivision 1.  [REQUIREMENTS OF ORDER.] An order for 
attachment shall: 
    (1) contain the findings required by section 5; 
    (2) state with particularity the facts upon which the 
findings are made; 
    (3) state that any respondent who attended the hearing was 
offered an opportunity to identify exempt property, without 
waiver of the right to claim exemption in property not 
identified at the hearing; 
    (4) direct the sheriff of the county in which the court is 
located or of any other county to seize and safely keep all 
nonexempt property of the respondent or such specific property 
as the court may specify, or so much as is necessary to satisfy 
the amount claimed with expenses and costs using the full force 
of the county; 
    (5) authorize the sheriff to keep the property attached in 
any manner considered appropriate in the reasonable judgment of 
the sheriff, unless the order otherwise specifies the method of 
keeping; and 
    (6) specify the amount of the bond.  
    Subd. 2.  [OTHER PROVISIONS OF ORDER.] An order for 
attachment may: 
    (1) describe the place or places which may be entered by 
the sheriff using the full force of the county subject to the 
limitations of clause (3); 
    (2) require the respondent, the respondent's agents or 
employees, or any other person having possession of the property 
subject to the order to deliver the property to the sheriff. The 
order may also require the respondent, its officers or managing 
agent, or any other person named in the order to disclose the 
location of any nonexempt property that was assigned, secreted, 
or disposed of, or removed or about to be removed from the state 
with intent to delay or hinder the respondent's creditors, or 
property that was converted or was about to be converted for the 
purpose of putting it beyond the reach of the respondent's 
creditors.  The order may also provide that, if delivery is not 
made or the location is not disclosed, the respondent or any 
other person specified in the order appear in court at a 
specified time and place to give testimony as to the location of 
the property and to show cause why an order should not be 
entered finding the respondent or other person specified in this 
section in contempt of court for failure to deliver the property 
or to disclose its location; and 
    (3) provide that if the property, or any of it, is 
concealed in a building or elsewhere, and a public demand made 
by the sheriff for its delivery is refused or there is no 
response, the sheriff shall cause the building or enclosure to 
be broken open and shall take the property from it.  The sheriff 
may not enter the residence of a person other than the 
respondent unless the order so specifies, identifying with 
particularity the residence or residences which may be entered, 
on the basis of a finding by the court that probable cause 
exists to believe that the property is at this residence. 
     Sec. 8.  [570.061] [EXECUTION OF ORDER OF ATTACHMENT.] 
     Subdivision 1.  [TIME OF EXECUTION.] The sheriff shall 
execute an attachment order without delay after receiving it. If 
the sheriff does not attach property within 90 days after the 
order is issued by the court, or such further time as the court 
may order, the order shall automatically terminate.  If property 
is attached within this time period, the attachment will remain 
effective until executed, satisfied, discharged, or vacated, as 
provided in this chapter. 
     Subd. 2.  [EXECUTION ON REAL ESTATE.] Real estate shall be 
attached by the filing of the sheriff of a certified copy of the 
order and of a return of attachment containing a description of 
the real estate with the county recorder, or with the registrar 
of titles with respect to registered property, for the county in 
which the real estate is located, and serving a copy of the 
order and return upon the respondent in the manner provided for 
a service of a summons, if the respondent can be found in the 
county.  If the respondent cannot be found in that county, the 
order and return shall be mailed by registered mail or certified 
mail to the respondent's last known address.  The attachment 
shall be a lien on the interest of the respondent in the real 
estate from the time of filing the order with the recorder or 
registrar. 
     Subd. 3.  [EXECUTION ON PERSONAL PROPERTY.] Personal 
property shall be attached in the manner provided by law for 
levy of execution and, so far as practicable, the provisions 
relating to the levy shall govern the execution of the 
attachment order.  When an attachment of personal property has 
been made, the sheriff shall affix to the order an inventory of 
the property attached, specifying any proposed sale of 
perishable property, and shall serve a copy of the order and 
inventory upon the respondent in the manner provided for the 
service of a summons if the respondent can be found in the 
county.  If the respondent cannot be found in the county, the 
order and return shall be mailed by registered or certified mail 
to the respondent's last known address.  Attachment of personal 
property shall be a lien on the interest of the respondent in 
the personal property from the time of seizure by the sheriff or 
subjection to the control of the sheriff. 
    Subd. 4.  [PERISHABLE PROPERTY.] If any of the property 
attached is perishable, the sheriff shall sell the perishable 
property in the manner provided for the sale of personal 
property on execution.  The sheriff shall also take such legal 
proceedings, either in the sheriff's own name or that of the 
respondent, as may be necessary for the recovery of credits and 
affects attached. 
    Subd. 5.  [RECORD OF EXECUTION OF ORDER.] When any 
attachment order is fully executed or discharged, the sheriff 
shall return the order to the clerk of court, with an attached 
record of the sheriff's actions in executing or discharging the 
order of the court. 
     Sec. 9.  [570.071] [PUBLIC EMPLOYEES; ATTACHMENT OF WAGES.] 
     The salary or wages of an officer or employee of a county, 
city, town, or school district, or of any department of the 
subdivision may be attached.  Where the respondent is an 
officer, the order shall be served upon the auditor, treasurer, 
or clerk of the subdivision or department of which the 
respondent is an officer.  Where the respondent is an employee 
other than an officer, the order shall be served upon the person 
in charge of the office or department in which the employee 
works. 
    When payment has been made pursuant to levy, a copy of the 
attachment with certificate of satisfaction shall be delivered 
to the treasurer as a voucher for payment. 
    Sec. 10.  Minnesota Statutes 1984, section 570.08, is 
amended to read: 
    570.08 [JUDGMENT FOR PLAINTIFF CLAIMANT, HOW SATISFIED.] 
    If judgment be is recovered by the plaintiff claimant, the 
sheriff shall satisfy the same judgment out of the property 
attached, if sufficient, first paying to plaintiff claimant the 
proceeds of sales of perishable property and of all credits 
collected by him the sheriff, or so much thereof as may be 
required.  If a balance remain remains due and an execution on 
the judgment be to him is issued, he the sheriff shall sell 
thereunder so as much of the attached property as may be 
necessary to satisfy such the balance.  The fees and costs of 
the sheriff shall be deducted before any payment to the claimant.
    Sec. 11.  [570.094] [ATTACHED PROPERTY RETAKEN; DAMAGES.] 
    If any of the attached property belonging to the respondent 
passes out of the sheriff's hands without being converted into 
money, the sheriff may retake the property, and for that purpose 
has all the powers originally conferred by the order; and any 
person who conceals or willfully withholds the property from the 
sheriff shall be liable for actual damages and punitive damages, 
in an appropriate case, at the suit of the party injured.  
    Sec. 12.  Minnesota Statutes 1984, section 570.11, is 
amended to read: 
    570.11 [SATISFACTION, AND DISCHARGE; REAL ESTATE.] 
    An attachment of real estate may be released by filing for 
record with the county recorder or the registrar of titles for 
registered property: 
    (1) a certified copy of an order of the court vacating the 
attachment, or of a final judgment in defendant's the 
respondent's favor, or a satisfaction of judgment in plaintiff's 
the claimant's favor, rendered in such the civil action;  
    (2) a certificate of satisfaction or discharge of the 
attachment, executed and acknowledged by the plaintiff claimant 
or his the claimant's attorney, as required for the satisfaction 
of a mortgage; or 
    (3) a deed of release of the attached premises, or of any 
part or interest therein, in which case the parts or interests 
not described in the deed shall remain subject to the attachment 
lien. 
    Sec. 13.  Minnesota Statutes 1984, section 570.12, is 
amended to read: 
    570.12 [SATISFACTION AND DISCHARGE; PERSONAL PROPERTY.] 
    When an attachment of personal property has been made by 
filing a copy of the writ order with any public official, its 
discharge shall be effected by filing in the same office as any 
instrument of release mentioned in section 570.11.  
    Sec. 14.  [570.131] [MODIFICATION OR EXPIRATION OF 
ATTACHMENT.] 
    Subdivision 1.  [MODIFICATION.] Before the entry of 
judgment, any party may obtain vacation of the order of 
attachment, the release of any property, or the modification of 
any term or condition of the order upon a bond or other 
condition as the court orders. 
    Subd. 2.  [EXPIRATION.] The attachment shall expire upon 
the demand of the respondent or upon the discretion of the 
sheriff if: 
    (1) in cases in which the civil action was commenced by 
delivery of the summons and complaint to the sheriff, service of 
process in the civil action is not obtained on the respondent 
within 60 days after the order for attachment or such further 
time as the court specifies;  
    (2) judgment is entered in favor of the respondent;  
    (3) no judgment is entered against the respondent within 
three years after the date of the order of attachment or such 
further time as the court specifies; or 
    (4) the property subject to an attachment is not sold or 
otherwise applied to the judgment within six months after the 
date when the judgment becomes final and nonappealable. 
    If the order of attachment is vacated, the claimant shall 
be responsible for payment of any charges and expenses incurred 
by the sheriff.  After the attachment is vacated, upon request 
of the respondent, the claimant or the claimant's attorney shall 
execute any satisfaction or other document that is necessary to 
clear title to the respondent's property.  If the claimant fails 
to do so, the claimant is liable for the respondent's costs in 
obtaining a court order to clear title. 
    Sec. 15.  Minnesota Statutes 1984, section 570.14, is 
amended to read: 
    570.14 [ATTACHMENTS AND RELEASES; RECORD AND INDEX.] 
    All copies of writs orders of attachment filed for record 
with the county recorder, and all satisfactions or releases of 
attachments of real estate thereunder, shall be recorded in the 
books provided for the record of mortgages, and shall be indexed 
as if the defendant respondent in the attachment were a 
mortgagor and the plaintiff claimant a mortgagee. 
    Sec. 16.  [REPEALER.] 
    Minnesota Statutes 1984, sections 570.013; 570.03; 570.04; 
570.05; 570.06; 570.07; 570.09; 570.093; 570.10; and 570.13, are 
repealed. 
    Approved May 20, 1985