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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 156-H.F.No. 594 
           An act relating to money; enacting the uniform 
          foreign-money claims act; making clarifying and 
          technical changes to garnishment and execution laws; 
          amending Minnesota Statutes 1990, sections 550.136, 
          subdivisions 3 and 10; 551.06, subdivisions 3 and 10; 
          571.75, subdivision 2; and 571.922; proposing coding 
          for new law in Minnesota Statutes, chapter 548. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [548.40] [DEFINITIONS.] 
    For purposes of sections 1 to 14:  
     (1) "Action" means a judicial proceeding or arbitration in 
which a payment in money may be awarded or enforced with respect 
to a foreign-money claim.  
     (2) "Bank-offered spot rate" means the spot rate of 
exchange at which a bank will sell foreign money at a spot rate. 
     (3) "Conversion date" means the banking day next preceding 
the date on which money, in accordance with sections 1 to 14, is:
    (i) paid to a claimant in an action or distribution 
proceeding; 
     (ii) paid to the official designated by law to enforce a 
judgment or award on behalf of a claimant; or 
     (iii) used to recoup, set-off, or counterclaim in different 
moneys in an action or distribution proceeding.  
     (4) "Distribution proceeding" means a judicial or 
nonjudicial proceeding for the distribution of a fund in which 
one or more foreign-money claims is asserted and includes an 
accounting, an assignment for the benefit of creditors, a 
foreclosure, the liquidation or rehabilitation of a corporation 
or other entity, and the distribution of an estate, trust, or 
other fund.  
     (5) "Foreign money" means money other than money of the 
United States of America.  
     (6) "Foreign-money claim" means a claim upon an obligation 
to pay, or a claim for recovery of a loss, expressed in or 
measured by a foreign money.  
    (7) "Money" means a medium of exchange for the payment of 
obligations or a store of value authorized or adopted by a 
government or by intergovernmental agreement.  
    (8) "Money of the claim" means the money determined as 
proper pursuant to section 4.  
    (9) "Person" means an individual, a corporation, government 
or governmental subdivision or agency, business trust, estate, 
trust, joint venture, partnership, association, two or more 
persons having a joint or common interest, or any other legal or 
commercial entity.  
     (10) "Rate of exchange" means the rate at which money of 
one country may be converted into money of another country in a 
free financial market convenient to or reasonably usable by a 
person obligated to pay or to state a rate of conversion.  If 
separate rates of exchange apply to different kinds of 
transactions, the term means the rate applicable to the 
particular transaction giving rise to the foreign-money claim.  
    (11) "Spot rate" means the rate of exchange at which 
foreign money is sold by a bank or other dealer in foreign 
exchange for immediate or next day availability or for 
settlement by immediate payment in cash or equivalent, by charge 
to an account, or by an agreed delayed settlement not exceeding 
two days. 
     (12) "State" means a state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, or a 
territory or insular possession subject to the jurisdiction of 
the United States.  
     Sec. 2.  [548.41] [SCOPE.] 
    (a) Sections 1 to 14 apply only to a foreign-money claim in 
an action or distribution proceeding.  
    (b) Sections 1 to 14 apply to foreign-money issues even if 
other law under the conflict of laws rules of this state applies 
to other issues in the action or distribution proceeding.  
     Sec. 3.  [548.42] [VARIATION BY AGREEMENT.] 
    (a) The effect of sections 1 to 14 may be varied by 
agreement of the parties made before or after commencement of an 
action or distribution proceeding or the entry of judgment.  
    (b) Parties to a transaction may agree upon the money to be 
used in a transaction giving rise to a foreign-money claim and 
may agree to use different moneys for different aspects of the 
transaction.  Stating the price in a foreign money for one 
aspect of a transaction does not alone require the use of that 
money for other aspects of the transaction.  
     Sec. 4.  [548.43] [DETERMINING MONEY OF THE CLAIM.] 
    (a) The money in which the parties to a transaction have 
agreed that payment is to be made is the proper money of the 
claim for payment.  
    (b) If the parties to a transaction have not otherwise 
agreed, the proper money of the claim, as in each case may be 
appropriate, is the money:  
     (1) regularly used between the parties as a matter of usage 
or course of dealing; 
    (2) used at the time of a transaction in international 
trade, by trade usage or common practice, for valuing or 
settling transactions in the particular commodity or service 
involved; or 
     (3) in which the loss was ultimately felt or will be 
incurred by the party claimant.  
     Sec. 5.  [548.44] [DETERMINING AMOUNT OF THE MONEY OF 
CERTAIN CONTRACT CLAIMS.] 
    (a) If an amount contracted to be paid in a foreign money 
is measured by a specified amount of a different money, the 
amount to be paid is determined on the conversion date.  
    (b) If an amount contracted to be paid in a foreign money 
is to be measured by a different money at the rate of exchange 
prevailing on a date before default, that rate of exchange 
applies only to payments made within a reasonable time after 
default, not exceeding 30 days.  Thereafter, conversion is made 
at the bank-offered spot rate on the conversion date.  
     (c) A monetary claim is neither usurious nor unconscionable 
because the agreement on which it is based provides that the 
amount of the debtor's obligation to be paid in the debtor's 
money, when received by the creditor, must equal a specified 
amount of the foreign money of the country of the creditor.  If, 
because of unexcused delay in payment of a judgment or award, 
the amount received by the creditor does not equal the amount of 
the foreign money specified in the agreement, the court or 
arbitrator shall amend the judgment or award accordingly.  
     Sec. 6.  [548.45] [ASSERTING AND DEFENDING FOREIGN-MONEY 
CLAIM.] 
     (a) A person may assert a claim in a specified foreign 
money.  If a foreign-money claim is not asserted, the claimant 
makes the claim in United States dollars.  
    (b) An opposing party may allege and prove that a claim, in 
whole or in part, is in a different money than that asserted by 
the claimant.  
     (c) A person may assert a defense, set-off, recoupment, or 
counterclaim in any money without regard to the money of other 
claims.  
     (d) The determination of the proper money of the claim is a 
question of law.  
     Sec. 7.  [548.46] [JUDGMENTS AND AWARDS ON FOREIGN-MONEY 
CLAIMS; TIMES OF MONEY CONVERSION; FORM OF JUDGMENT.] 
    (a) Except as provided in subsection (c), a judgment or 
award on a foreign-money claim must be stated in an amount of 
the money of the claim.  
    (b) A judgment or award on a foreign-money claim is payable 
in that foreign money or, at the option of the debtor, in the 
amount of United States dollars which will purchase that foreign 
money on the conversion date at a bank-offered spot rate.  
     (c) Assessed costs must be entered in United States dollars.
     (d) Each payment in United States dollars must be accepted 
and credited on a judgment or award on a foreign-money claim in 
the amount of the foreign money that could be purchased by the 
dollars at a bank-offered spot rate of exchange at or near the 
close of business on the conversion date for that payment.  
    (e) A judgment or award made in an action or distribution 
proceeding on both (i) a defense, set-off, recoupment, or 
counterclaim and (ii) the adverse party's claim, must be netted 
by converting the money of the smaller into the money of the 
larger, and by subtracting the smaller from the larger, and 
specify the rates of exchange used.  
     (f) A judgment substantially in the following form complies 
with subsection (a):  
    [IT IS ADJUDGED AND ORDERED, that Defendant (insert name) 
pay to Plaintiff (insert name) the sum of (insert amount in the 
foreign money) plus interest on that sum at the rate of (insert 
rate--see section 9) percent a year or, at the option of the 
judgment debtor, the number of United States dollars which will 
purchase the (insert name of foreign money) with interest due, 
at a bank-offered spot rate at or near the close of business on 
the banking day next before the day of payment, together with 
assessed costs of (insert amount) United States dollars.] 
     (g) If a contract claim is of the type covered by section 
5(a) or (b), the judgment or award must be entered for the 
amount of money stated to measure the obligation to be paid in 
the money specified for payment or, at the option of the debtor, 
the number of United States dollars which will purchase the 
computed amount of the money of payment on the conversion date 
at a bank-offered spot rate.  
    (h) A judgment must be docketed and indexed in foreign 
money in the same manner, and has the same effect as a lien, as 
other judgments.  It may be discharged by payment.  
     Sec. 8.  [548.47] [CONVERSIONS OF FOREIGN MONEY IN 
DISTRIBUTION PROCEEDING.] 
     The rate of exchange prevailing at or near the close of 
business on the day the distribution proceeding is initiated 
governs all exchanges of foreign money in a distribution 
proceeding.  A foreign-money claimant in a distribution 
proceeding shall assert its claim in the named foreign money and 
show the amount of United States dollars resulting from a 
conversion as of the date the proceeding was initiated.  
    Sec. 9.  [548.48] [PREJUDGMENT AND JUDGMENT INTEREST.] 
    (a) With respect to a foreign-money claim, recovery of 
prejudgment or preaward interest and the rate of interest to be 
applied in the action or distribution proceeding, except as 
provided in subsection (b), are matters of the substantive law 
governing the right to recovery under the conflict-of-laws rules 
of this state.  
    (b) The court or arbitrator shall increase or decrease the 
amount of prejudgment or preaward interest otherwise payable in 
a judgment or award in foreign money to the extent required by 
the law of this state governing a failure to make or accept an 
offer of settlement or offer of judgment, or conduct by a party 
or its attorney causing undue delay or expense.  
    (c) A judgment or award on a foreign-money claim bears 
interest at the rate applicable to judgments of this state.  
    Sec. 10.  [548.49] [ENFORCEMENT OF FOREIGN JUDGMENTS.] 
    (a) If an action is brought to enforce a judgment of 
another jurisdiction expressed in a foreign money and the 
judgment is recognized in this state as enforceable, the 
enforcing judgment must be entered as provided in section 7, 
whether or not the foreign judgment confers an option to pay in 
an equivalent amount of United States dollars.  
    (b) A foreign judgment may be docketed in accordance with 
any rule or statute of this state providing a procedure for its 
recognition and enforcement.  
     (c) A satisfaction or partial payment made upon the foreign 
judgment, on proof thereof, must be credited against the amount 
of foreign money specified in the judgment, notwithstanding the 
entry of judgment in this state.  
     (d) A judgment entered on a foreign-money claim only in 
United States dollars in another state must be enforced in this 
state in United States dollars only.  
    Sec. 11.  [548.50] [DETERMINING UNITED STATES DOLLAR VALUE 
OF FOREIGN-MONEY CLAIMS FOR LIMITED PURPOSES.] 
     (a) Computations under this section are for the limited 
purposes of the section and do not affect computation of the 
United States dollar equivalent of the money of the judgment for 
the purpose of payment.  
    (b) For the limited purpose of facilitating the enforcement 
of provisional remedies in an action, the value in United States 
dollars of assets to be seized or restrained pursuant to a writ 
of attachment, garnishment, execution, or other legal process, 
the amount of United States dollars at issue for assessing 
costs, or the amount of United States dollars involved for a 
surety bond or other court-required undertaking, must be 
ascertained as provided in subsections (c) and (d).  
     (c) A party seeking process, costs, bond, or other 
undertaking under subsection (b) shall compute in United States 
dollars the amount of the foreign money claimed from a 
bank-offered spot rate prevailing at or near the close of 
business on the banking day next preceding the filing of a 
request or application for the issuance of process or for the 
determination of costs, or an application for a bond or other 
court-required undertaking.  
     (d) A party seeking the process, costs, bond, or other 
undertaking under subsection (b) shall file with each request or 
application an affidavit or certificate executed in good faith 
by its counsel or a bank officer, stating the market quotation 
used and how it was obtained, and setting forth the 
calculation.  Affected court officials incur no liability, after 
a filing of the affidavit or certificate, for acting as if the 
judgment were in the amount of United States dollars stated in 
the affidavit or certificate.  
    Sec. 12.  [548.51] [EFFECT OF CURRENCY REVALORIZATION.] 
     (a) If, after an obligation is expressed or a loss is 
incurred in a foreign money, the country issuing or adopting 
that money substitutes a new money in place of that money, the 
obligation or the loss is treated as if expressed or incurred in 
the new money at the rate of conversion the issuing country 
establishes for the payment of like obligations or losses 
denominated in the former money.  
    (b) If substitution under subsection (a) occurs after a 
judgment or award is entered on a foreign-money claim, the court 
or arbitrator shall amend the judgment or award by a like 
conversion of the former money.  
     Sec. 13.  [548.52] [SUPPLEMENTARY GENERAL PRINCIPLES OF 
LAW.] 
    Unless displaced by particular provisions of sections 1 to 
14, the principles of law and equity, including the law 
merchant, and the law relative to capacity to contract, 
principal and agent, estoppel, fraud, misrepresentation, duress, 
coercion, mistake, bankruptcy, or other validating or 
invalidating causes supplement the provisions of sections 1 to 
14.  
    Sec. 14.  [548.53] [SHORT TITLE.] 
    Sections 1 to 14 may be cited as the uniform foreign-money 
claims act.  
     Sec. 15.  Minnesota Statutes 1990, section 550.136, 
subdivision 3, is amended to read: 
    Subd. 3.  [LIMITATION ON LEVY ON EARNINGS.] Unless the 
judgment is for child support, the maximum part of the aggregate 
disposable earnings of an individual for any pay period 
subjected to an execution levy may not exceed the lesser of: 
    (1) 25 percent of the judgment debtor's disposable 
earnings; or 
    (2) the amount by which the judgment debtor's disposable 
earnings exceed the following product:  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), 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 work days divided by the 
number of days in the normal work week. 
    If the judgment is for child support, the levy 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 
execution levy 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 
execution levy is received). 
    No court may make, execute, or enforce an order or any 
process in violation of this section. 
    Sec. 16.  Minnesota Statutes 1990, section 550.136, 
subdivision 10, is amended to read: 
     Subd. 10.  [EXECUTION EARNINGS DISCLOSURE FORM AND 
WORKSHEET FOR CHILD SUPPORT JUDGMENTS.] The judgment creditor 
shall provide to the sheriff for service upon a child support 
judgment debtor's employer an execution earnings disclosure form 
and an earnings disclosure worksheet with the writ of execution, 
that must be substantially in the form set forth below. 
STATE OF MINNESOTA                              DISTRICT COURT
COUNTY OF .............          ........... JUDICIAL DISTRICT
                                          FILE NO. ..... 
................ (Judgment Creditor)
against                                   EARNINGS 
................ (Judgment Debtor)        EXECUTION
and                                       DISCLOSURE
................ (Third Party)

                               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 
compensation.  
     "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 THIRD PARTY/EMPLOYER MUST ANSWER THE FOLLOWING QUESTION:
     (1) Do you now owe, or within 70 days from the date the 
execution levy was served on you, will you or may you owe money 
to the judgment 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 
sheriff 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 70 days from the date the 
execution levy 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 sheriff and deliver a copy of the disclosure and 
worksheet to the judgment debtor within ten days after the 
last payday that falls within the 70-day period.  If the 
judgment is wholly satisfied or if the judgment debtor's 
employment ends before the expiration of the 70-day period, 
your disclosure and remittance 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 judgment debtor's payday.  
     (3) COLUMN B.  Enter judgment debtor's gross earnings for 
each payday.  
    (4) COLUMN C.  Enter judgment 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.  Subtract the amount in column D from the 
amount in column C, and enter here.  
    (7) COLUMN F.  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 judgment debtor.  
(Note:  Any indebtedness to you incurred within ten days prior 
to your receipt of the first execution levy may not be set off 
against the earnings otherwise subject to this levy.  Any wage 
assignment made by the judgment debtor within ten days prior to 
your receipt of the first execution levy 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 F E if there are no claims by you or 
others that would reduce the amount of earnings owing to the 
judgment debtor.  
    (8) (7) COLUMN G F.  Subtract the amount in column F E 
from the amount in column E 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 
third party/employer or I am authorized by the third 
party/employer to complete this earnings disclosure, and have 
done so truthfully and to the best of my knowledge.  
Dated:  ............                 ............................
                                     Signature
                                     ............................
                                     Title
                                     ............................
                                     Telephone Number
 EARNINGS DISCLOSURE WORKSHEET         ...................
                                             Debtor's Name
A                      B                      C
Payday                 Gross                  Disposable
Date                   Earnings               Earnings
1.  ........           $.......               $.........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
D                      E                      F E
Either 50, 55,         Column C               Setoff, Lien,
60, or 65% of          minus                  Adverse 
Column C               Column D               Interest, or 
                                              Other Claims 
1.  ........           ........               ..........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
                                               G F
                                              Column E D
                                              minus
                                              Column F E
1.                                            ..........
2.                                            ..........
3.                                            ..........
4.                                            ..........
5.                                            ..........
6.                                            ..........
7.                                            ..........
8.                                            ..........
9.                                            ..........
10.                                           ..........
                         TOTAL OF COLUMN G F $............
    *If you entered any amount in column F 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
    Sec. 17.  Minnesota Statutes 1990, section 551.06, 
subdivision 3, is amended to read: 
    Subd. 3.  [LIMITATION ON LEVY ON EARNINGS.] Unless the 
judgment is for child support, the maximum part of the aggregate 
disposable earnings of an individual for any pay period 
subjected to an execution levy may not exceed the lesser of: 
    (1) 25 percent of the judgment debtor's disposable 
earnings; or 
    (2) the amount by which the judgment debtor's disposable 
earnings exceed the following product:  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), 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 work days divided by the 
number of days in the normal work week. 
    If the judgment is for child support, the levy 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 
execution levy 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 
execution levy is received). 
    No court may make, execute, or enforce an order or any 
process in violation of this section. 
    Sec. 18.  Minnesota Statutes 1990, section 551.06, 
subdivision 10, is amended to read: 
      Subd. 10.  [NOTICE OF LEVY ON EARNINGS, DISCLOSURE, AND 
WORKSHEET FOR CHILD SUPPORT JUDGMENT.] The attorney for the 
judgment creditor shall serve upon the judgment debtor's 
employer a notice of levy on earnings and an execution earnings 
disclosure form and an earnings disclosure worksheet with the 
writ of execution, that must be substantially in the form set 
forth below.  
STATE OF MINNESOTA                            DISTRICT COURT
COUNTY OF ................       ......... JUDICIAL DISTRICT
                                          FILE NO. ..... 
............(Judgment Creditor)
against                                   NOTICE OF LEVY ON 
                                       EARNINGS AND DISCLOSURE 
............(Judgment Debtor) 
and 
............(Third Party)
     PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 
sections 551.04 and 551.06, the undersigned, as attorney for the 
judgment creditor, hereby makes demand and levies execution upon 
all earnings due and owing by you (up to $5,000) to the judgment 
debtor for the amount of the judgment specified below.  A copy 
of the writ of execution issued by the court is enclosed.  The 
unpaid judgment balance is $.....  
     This levy attaches all unpaid nonexempt disposable earnings 
owing or to be owed by you and earned or to be earned by the 
judgment debtor before and within the pay period in which the 
writ of execution is served and within all subsequent pay 
periods whose paydays occur within the 70 days after the service 
of this levy. 
     In responding to this levy, you are to complete the 
attached disclosure form and worksheet and mail it to the 
undersigned attorney for the judgment creditor, together with 
your check payable to the above-named judgment creditor, for the 
nonexempt amount owed by you to the judgment debtor or for which 
you are obligated to the judgment debtor, within the time limits 
set forth in the aforementioned statutes. 
                          .................................. 
                          Attorney for the Judgment Creditor 
                          .................................. 
                          .................................. 
                          .................................. 
                          Address 
                          (...).......................... 
                          Phone Number 

                               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 
compensation.  
     "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 THIRD PARTY/EMPLOYER MUST ANSWER THE FOLLOWING QUESTION:
     (1) Do you now owe, or within 70 days from the date the 
execution levy was served on you, will you or may you owe money 
to the judgment 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 
judgment creditor's 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 70 days from the date the 
execution levy 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 judgment creditor's attorney and deliver a copy of the 
disclosure and worksheet to the judgment debtor within ten 
days after the last payday that falls within the 70-day 
period.  If the judgment is wholly satisfied or if the 
judgment debtor's employment ends before the expiration of 
the 70-day period, your disclosure and remittance 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 judgment debtor's payday.  
    (3) COLUMN B.  Enter judgment debtor's gross earnings for 
each payday.  
    (4) COLUMN C.  Enter judgment 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.  Subtract the amount in column D from the 
amount in column C, and enter here.  
    (7) COLUMN F.  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 judgment debtor.  
(Note:  Any indebtedness to you incurred within ten days prior 
to your receipt of the first execution levy on a debt may not be 
set off against the earnings otherwise subject to this levy.  
Any wage assignment made by the judgment debtor within ten days 
prior to your receipt of the first execution levy on a debt is 
void.) 
    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 F E if there are no claims by you or 
others that would reduce the amount of earnings owing to the 
judgment debtor.  
    (8) (7) COLUMN G F.  Subtract the amount in column F E 
from the amount in column E 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 
third party/employer or I am authorized by the third 
party/employer to complete this earnings disclosure, and have 
done so truthfully and to the best of my knowledge.  
Dated:  ............                 ............................
                                     Signature
                                     ............................
                                     Title
                                     ............................
                                     Telephone Number
 EARNINGS DISCLOSURE WORKSHEET         ...................
                                             Debtor's Name
A                      B                      C
Payday                 Gross                  Disposable
Date                   Earnings               Earnings
1.  ........           $.......               $.........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
D                      E                      F E
Either 50, 55,         Column C               Setoff, Lien,
60, or 65% of          minus                  Adverse 
Column C               Column D               Interest, or 
                                              Other Claims 
1.  ........           ........               ..........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
                                               G F
                                              Column E D
                                              minus
                                              Column F E
1.                                            ..........
2.                                            ..........
3.                                            ..........
4.                                            ..........
5.                                            ..........
6.                                            ..........
7.                                            ..........
8.                                            ..........
9.                                            ..........
10.                                           ..........
                         TOTAL OF COLUMN G F $............
    *If you entered any amount in column F 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
    Sec. 19.  Minnesota Statutes 1990, 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 70 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 70 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 70-day period. 
 If the claim is wholly satisfied or if the debtor's 
employment ends before the expiration of the 70-day 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 work days in excess of a 
                   whole work week divided by the number of work
                   days 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             Gross            Disposable 
           Date               Earnings         Earnings  
1.   .................   .................   ................. 
2.   .................   .................   ................. 
3.   .................   .................   ................. 
4.   .................   .................   ................. 
5.   .................   .................   ................. 
6.   .................   .................   ................. 
7.   .................   .................   ................. 
8.   .................   .................   ................. 
9.   .................   .................   ................. 
10.  .................   .................   ................. 
             D                   E                 F 
           25% of              40 X Min.        Column C 
           Column C            Wage             minus 
                                                Column E 
1.   .................   .................   ................ 
2.   .................   .................   ................ 
3.   .................   .................   ................ 
4.   .................   .................   ................ 
5.   .................   .................   ................ 
6.   .................   .................   ................ 
7.   .................   .................   ................ 
8.   .................   .................   ................ 
9.   .................   .................   ................ 
10.  .................   .................   ................ 
             G                  H                  I 
          Lesser of        Setoff, Lien,       Column G 
          Column D         Adverse             minus  
          and              Interest, or        Column H 
          Column F         Other Claims   
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 
compensation.  
     "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 70 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 70 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 70-day 
period.  If the claim is wholly satisfied or if the 
debtor's employment ends before the expiration of the 
70-day period, your disclosure should be made within ten 
days after the last payday for which earnings were attached.
     For steps 2 through 8, "columns" refers to columns on the 
Earnings Disclosure Worksheet.  
     (2) COLUMN A.  Enter the date of debtor's payday.  
     (3) COLUMN B.  Enter debtor's gross earnings for each 
payday.  
     (4) COLUMN C.  Enter debtor's disposable earnings for each 
payday.  
    (5) COLUMN D.  Enter either 50, 55, 60, or 65 percent of 
disposable earnings, based on which of the following 
descriptions fits the child support judgment debtor:  
    (a) 50 percent of the judgment debtor's disposable income, 
if the judgment debtor is supporting a spouse or dependent child 
and the judgment is 12 weeks old or less (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received); 
    (b) 55 percent of the judgment debtor's disposable income, 
if the judgment debtor is supporting a spouse or dependent 
child, and the judgment is over 12 weeks old (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received); 
    (c) 60 percent of the judgment debtor's disposable income, 
if the judgment debtor is not supporting a spouse or dependent 
child and the judgment is 12 weeks old or less (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received); or 
    (d) 65 percent of the judgment debtor's disposable income, 
if the judgment debtor is not supporting a spouse or dependent 
child, and the judgment is over 12 weeks old (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received).  (Multiply column C by .50, .55, 
.60, or .65, as appropriate.)  
    (6) COLUMN E.  Subtract the amount in column D from the 
amount in column C, and enter here.  
    (7) COLUMN F.  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 F E if there are no claims by you or 
others that would reduce the amount of earnings owing to the 
judgment debtor.  
    (8) (7) COLUMN G F.  Subtract the amount in column F E 
from the amount in column E 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                 Gross                  Disposable
Date                   Earnings               Earnings
1.  ........           $.......               $.........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
D                      E                      F E
Either 50, 55,         Column C               Setoff, Lien,
60, or 65% of          minus                  Adverse 
Column C               Column D               Interest, or 
                                              Other Claims 
1.  ........           ........               ..........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
                                               G F
                                              Column E D
                                              minus
                                              Column F E
1.                                            ..........
2.                                            ..........
3.                                            ..........
4.                                            ..........
5.                                            ..........
6.                                            ..........
7.                                            ..........
8.                                            ..........
9.                                            ..........
10.                                           ..........
                         TOTAL OF COLUMN G F $............
    *If you entered any amount in column F 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 ........., 19.., 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 (4), (5), 
and (6). 
....................................................... 
     (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 (8) and line 
(9).  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. 20.  Minnesota Statutes 1990, section 571.922, is 
amended to read: 
    571.922 [LIMITATION ON WAGE GARNISHMENT.] 
    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 following product:  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), 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 work days divided by the number of days in the 
normal work week. 
    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). 
    No court may make, execute, or enforce an order or any 
process in violation of this section. 
    Sec. 21.  [EFFECTIVE DATE; APPLICATION.] 
    Sections 1 to 14 become effective January 1, 1992, and 
apply to actions and distribution proceedings commenced after 
the effective date. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 23, 1991, 7:08 p.m.