Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes