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

CHAPTER 18--S.F.No. 2847

An act

relating to commerce; modifying various statutory forms pertaining to garnishment;

amending Minnesota Statutes 2024, sections 550.136, subdivisions 6, 9; 550.143, subdivisions 2, 3a, 3b, 3c; 551.05, subdivisions 1b, 1c, 1d; 551.06, subdivisions 6, 9; 571.72, subdivisions 8, 10; 571.74; 571.75, subdivision 2; 571.912; 571.914, subdivision 2; 571.925; 571.931, subdivision 6; 571.932, subdivision 2; Laws 2024, chapter 114, article 3, section 101.

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

Section 1.

Minnesota Statutes 2024, section 550.136, subdivision 6, is amended to read:

Subd. 6.

Earnings exemption notice.

Before the first levy on earnings under this chapter, the judgment creditor shall serve upon the judgment debtor no less than ten days before the service of the writ of execution, a notice that the writ of execution may be served on the judgment debtor's employer. The notice must: (1) be substantially in the form set forth below; (2) be served personally, in the manner of a summons and complaint, or by first class mail to the last known address of the judgment debtor; (3) inform the judgment debtor that an execution levy may be served on the judgment debtor's employer in ten days, and that the judgment debtor may, within that time, cause to be served on the judgment creditor a signed statement under penalties of perjury asserting an entitlement to an exemption from execution; (4) inform the judgment debtor of the earnings exemptions contained in section 550.37, subdivision 14; and (5) advise the judgment debtor of the relief set forth in this chapter to which the debtor may be entitled if a judgment creditor in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed against a judgment debtor who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the execution process. The notice requirement of this subdivision does not apply to a levy on earnings being retained by an employer pursuant to a garnishment previously served in compliance with chapter 571.

The ten-day notice informing a judgment debtor that a writ of execution may be used to levy the earnings of an individual must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Judgment Creditor) deleted text end
deleted text begin against deleted text end deleted text begin EXECUTION EXEMPTION deleted text end
deleted text begin . (Judgment Debtor) deleted text end deleted text begin NOTICE AND NOTICE OF INTENT TO deleted text end
deleted text begin and deleted text end deleted text begin LEVY ON EARNINGS deleted text end
deleted text begin . (Third Party) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Execution Exemption new text end
new text begin against new text end new text begin Notice and Notice of new text end
new text begin Debtor's full name new text end new text begin Intent to Levy on Earnings new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

deleted text begin PLEASE TAKE NOTICE that a levy may be served upon your employer or other third parties, without any further court proceedings or notice to you, ten days or more from the date hereof. Your earnings are completely exempt from execution levy if you are now a recipient of relief based on need, if you have been a recipient of relief within the last six months, or if you have been an inmate of a correctional institution in the last six months. deleted text end

deleted text begin Relief based on need includes Minnesota Family Investment Program (MFIP), Emergency Assistance (EA), Work First, Medical Assistance (MA), General Assistance (GA), Emergency General Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance. deleted text end

deleted text begin If you wish to claim an exemption, you should fill out the appropriate form below, sign it, and send it to the judgment creditor's attorney. deleted text end

deleted text begin You may wish to contact the attorney for the judgment creditor in order to arrange for a settlement of the debt or contact an attorney to advise you about exemptions or other rights. deleted text end

new text begin Notice: A levy may be served on your employer or other third parties. A levy means that part of your earnings can be taken to pay off debts that you owe. This can happen in 10 days or more after you get this notice. This can happen without any other court action or notice to you. But some of your money may be protected. new text end

new text begin Your earnings cannot be taken if: new text end

new text begin (i) you are getting government assistance based on need, new text end

new text begin (ii) you got any government assistance based on need in the last 6 months, or new text end

new text begin (iii) you were an inmate of a correctional institution in the last 6 months. new text end

new text begin These are called exemptions. Your money is NOT protected unless you fill out the Exemption Claim Notice attached and send it back to the creditor or the creditor's lawyer. If you are not sure if you have any exemptions, talk to a lawyer. new text end

new text begin You can also contact the creditor or their lawyer to talk about a settlement of the debt. new text end

new text begin Examples of government assistance based on need: new text end

new text begin (i) MFIP - Minnesota Family Investment Program new text end

new text begin (ii) DWP - MFIP Diversionary Work Program new text end

new text begin (iii) SNAP - Supplemental Nutrition Assistance Program new text end

new text begin (iv) GA - General Assistance new text end

new text begin (v) EGA - Emergency General Assistance new text end

new text begin (vi) MSA - Minnesota Supplemental Aid new text end

new text begin (vii) MSA-EA - MSA Emergency Assistance new text end

new text begin (viii) EA - Emergency Assistance new text end

new text begin (ix) Energy or Fuel Assistance new text end

new text begin (x) Work Participation Cash Benefit new text end

new text begin (xi) MA - Medical Assistance new text end

new text begin (xii) MinnesotaCare new text end

new text begin (xiii) Medicare Part B - Premium Payments help new text end

new text begin (xiv) Medicare Part D - Extra new text end

new text begin (xv) SSI - Supplemental Security Income new text end

new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), MN Working family credit new text end

new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end

deleted text begin PENALTIES deleted text end

new text begin Warnings and Fines new text end

(1) deleted text begin Be advised thatdeleted text end Even if you claim an exemption, deleted text begin an executiondeleted text end new text begin anew text end levy may still be served on your employer. If deleted text begin your earnings are levied ondeleted text end new text begin they take money from younew text end after you claim an exemption, you may deleted text begin petitiondeleted text end new text begin asknew text end the court deleted text begin for a determination ofdeleted text end new text begin to reviewnew text end your exemption. If the court finds that the deleted text begin judgmentdeleted text end creditor deleted text begin disregardeddeleted text end new text begin ignorednew text end your claim of exemption in bad faith, you deleted text begin will bedeleted text end new text begin arenew text end entitled to costs, reasonable deleted text begin attorneydeleted text end new text begin lawyernew text end fees, actual damages, and deleted text begin an amount notdeleted text end new text begin a fine upnew text end to deleted text begin exceeddeleted text end $100.new text begin Bad faith is when someone does something wrong on purpose.new text end

(2) deleted text begin HOWEVER, BE WARNEDdeleted text end new text begin BUTnew text end if you claim an exemption, the deleted text begin judgmentdeleted text end creditor can also deleted text begin petitiondeleted text end new text begin asknew text end the court deleted text begin for a determination ofdeleted text end new text begin to reviewnew text end your exemptiondeleted text begin , anddeleted text end new text begin .new text end If the court finds that you claimed an exemption in bad faith, you deleted text begin will be assesseddeleted text end new text begin are chargednew text end costs and reasonable deleted text begin attorney'sdeleted text end new text begin lawyernew text end fees deleted text begin plus an amount notdeleted text end new text begin and a fine upnew text end to deleted text begin exceeddeleted text end $100.

deleted text begin (3) If after receipt of this notice, you in bad faith take action to frustrate the execution levy, thus requiring the judgment creditor to petition the court to resolve the problem, you will be liable to the judgment creditor for costs and reasonable attorney's fees plus an amount not to exceed $100. deleted text end

new text begin (3) If you get this notice, then do something in bad faith to try to block or stop the levy and the creditor has to take you to court because of it, you will have to pay the creditor's costs, and reasonable lawyer fees, and a fine up to $100. new text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin (Attorney for Judgment Creditor) deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Telephone deleted text end
new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

deleted text begin JUDGMENTdeleted text end Debtor's Exemption Claim Notice

I deleted text begin herebydeleted text end claim that my earnings are exempt deleted text begin from executiondeleted text end because:new text begin (check all that apply)new text end

deleted text begin (1)deleted text end new text begin ...new text end I am deleted text begin presently a recipient of reliefdeleted text end new text begin getting government assistancenew text end based on need. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from which relief is being receiveddeleted text end new text begin you got it fromnew text end .)

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

deleted text begin (2)deleted text end new text begin ...new text end I am not deleted text begin now receiving reliefdeleted text end new text begin getting assistancenew text end based on neednew text begin right nownew text end , but I deleted text begin have received reliefdeleted text end new text begin did get government assistancenew text end based on need within the last deleted text begin sixdeleted text end new text begin 6new text end months. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county new text begin you got it new text end from deleted text begin which relief has been receiveddeleted text end .)

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

deleted text begin (3)deleted text end new text begin ...new text end I deleted text begin have beendeleted text end new text begin wasnew text end an inmate of a correctional institution within the last deleted text begin sixdeleted text end new text begin 6new text end months. (deleted text begin Specifydeleted text end new text begin Statenew text end the correctional institution and location.)

deleted text begin . deleted text end deleted text begin . deleted text end
Correctional Institution new text begin . new text end Location new text begin . new text end

deleted text begin I hereby authorize any agency that has distributed relief to me or any correctional institution in which I was an inmate to disclose to the above-named judgment creditor or the judgment creditor's attorney only whether or not I am or have been a recipient of relief based on need or an inmate of a correctional institution within the last six months. I have mailed or delivered a copy of this form to the judgment creditor or judgment creditor's attorney. deleted text end

deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Debtor deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Debtor Telephone Number deleted text end

new text begin I give my permission to any agency listed above to give information about my benefits to the creditor named above, or to the creditor's lawyer. The information will ONLY be if I get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the last 6 months, I give my permission to the correctional institution to tell the creditor named above or the creditor's lawyer that I was an inmate there. new text end

new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 2.

Minnesota Statutes 2024, section 550.136, subdivision 9, is amended to read:

Subd. 9.

Execution earnings disclosure form and worksheet.

The judgment creditor shall provide to the sheriff for service upon the 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.

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin FILE NO. . deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Creditor) deleted text end
deleted text begin against deleted text end deleted text begin EARNINGS deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Debtor) deleted text end deleted text begin EXECUTION deleted text end
deleted text begin and deleted text end deleted text begin DISCLOSURE deleted text end
deleted text begin . deleted text end deleted text begin (Third Party) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Earnings Execution Disclosure new text end
new text begin and new text end new text begin For Non-Child Support Judgments new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin This form is called an "Earnings Execution Disclosure" or "Disclosure." It is for the employer to fill out. The "debtor" is the person who owes money. The debtor gets a copy of this form for their own information. new text end

new text begin The employer is also called the "third party garnishee" or "third party." The debtor is also called a "judgment debtor." If the debtor asks how the calculations in this document were made, the employer must provide information about it. new text end

deleted text begin "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. deleted text end

deleted text begin "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.) deleted text end

new text begin DEFINITIONS new text end

new text begin "Earnings": what is paid or payable to an employee, independent contractor, or self-employed person for personal services (a job). Also called compensation. Compensation can be wages, salary, commission, bonuses, payments, profit-sharing distributions, severance payment, fees, or other. It includes periodic payments from a pension or retirement. It can also be compensation paid or payable to a producer for the sale of agricultural products. This can be things like milk or milk products, or fruit or other horticultural products. Or things produced in the operation of a family farm, a family farm corporation, or an authorized farm corporation. This is defined in Minnesota Statutes, section 500.24, subdivision 2. new text end

new text begin "Disposable Earnings": the part of a person's earnings that are left after subtracting the amounts required by law to be withheld. Note: Amounts required by law to be withheld do not include things like health insurance, charitable contributions, or other voluntary wage deductions. new text end

"Payday": deleted text begin For the purpose of execution, "payday(s)" means the date(s) upon whichdeleted text end new text begin the date whennew text end the employer pays earnings to the debtor deleted text begin in the ordinary course of businessdeleted text end new text begin for doing their jobnew text end . If the deleted text begin judgmentdeleted text end debtor has no regular payday, deleted text begin payday(s)deleted text end new text begin then "payday"new text end means the 15th and the last day of each month.

The Third Party/Employer Must Answer The Following Questions:

(1) new text begin Right now, new text end do you deleted text begin nowdeleted text end owedeleted text begin , or within 90 days from the date the execution levy was served on you, will you or may you owedeleted text end money to the deleted text begin judgmentdeleted text end debtor for earnings?

Yes ..... No .....

deleted text begin (2) Does the judgment debtor earn more than $... per week? (this amount is the greater of $9.50 per hour or the federal minimum wage per week) deleted text end

new text begin (2) Within 90 days from the date you were served with the levy, will you or may you owe money to the debtor for earnings? new text end

Yes ..... No .....

new text begin (3) Does the debtor earn more than the current Minnesota or federal minimum wage per week? (use the number that is more) new text end

new text begin Yes ..... new text end new text begin No ..... new text end

new text begin A. If you answer "No" to question 1, 2, or 3, you don't need to answer the rest of the questions. You don't have to do the Earnings Disclosure Worksheet. Sign the Earnings Disclosure Affirmation below and return this disclosure form to the sheriff. You must return it within 20 days after it was served on you. new text end

new text begin B. If you answer "Yes" to question 1 or 2, and "Yes" to question 3, sign the Earnings Disclosure Affirmation below. You must return it to the sheriff within 20 days. You must also fill out the rest of this form. Read the instructions for the Earnings Disclosure Worksheet. new text end

new text begin Earnings Disclosure Affirmation new text end

new text begin 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. new text end

new text begin Date: . new text end
new text begin Third Party's Name: . new text end
new text begin Third Party's Signature: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Instructions for Completing the Earnings Disclosure new text begin Worksheetnew text end

deleted text begin A. If your answer to either question 1 or 2 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. deleted text end

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

For each payday that falls within 90 days from the date the deleted text begin executiondeleted text end levy was served on you, you must calculate the amount of earnings to be deleted text begin retained by completing steps 3 through 11 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 MADEdeleted text end new text begin withheldnew text end .new text begin Enter the amounts on the Earnings Disclosure Worksheet. new text end

new text begin You must: new text end

new text begin (1) Withhold the amount of earnings listed in Column I on the Earnings Disclosure Worksheet each payday. new text end

new text begin (2) After 90 days, return this Earnings Disclosure Worksheet to the sheriff. Include all the money withheld. Sign the Affirmation at the end of the worksheet before returning. new text end

new text begin (3) Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the last payday that falls within the 90-day period. new text end

new text begin If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period is over, you need to do the last disclosure and withholdings within 10 days of their last payday that you withheld money. new text end

deleted text begin Each payday, you must retain the amount of earnings listed in column I on the Earnings Disclosure Worksheet. deleted text end

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

deleted text begin For steps 3 through 11, "columns" refers to columns on the Earnings Disclosure Worksheet. deleted text end

deleted text begin (3) deleted text end deleted text begin COLUMN A. deleted text end deleted text begin Enter the date of judgment debtor's payday. deleted text end
deleted text begin (4) deleted text end deleted text begin COLUMN B. deleted text end deleted text begin Enter judgment debtor's gross earnings for each payday. deleted text end
deleted text begin (5) deleted text end deleted text begin COLUMN C. deleted text end deleted text begin Enter judgment debtor's disposable earnings for each payday. deleted text end
deleted text begin (6) deleted text end deleted text begin COLUMN D. deleted text end deleted text begin Enter 25 percent of disposable earnings. (Multiply column C by .25.) deleted text end
deleted text begin (7) deleted text end deleted text begin COLUMN E. deleted text end deleted text begin Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($..........) times the number of work weeks included in each payday. (Note: If a payday includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end
deleted text begin (8) deleted text end deleted text begin COLUMN F. deleted text end deleted text begin Subtract the amount in column E from the amount in column C, and enter here. deleted text end
deleted text begin (9) deleted text end deleted text begin COLUMN G. deleted text end deleted text begin Enter here the lesser of the amount in column D and the amount in column F. deleted text end
deleted text begin (10) deleted text end deleted text begin COLUMN H. deleted text end deleted text begin 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 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.) deleted text end
deleted text begin 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. deleted text end
deleted text begin Enter zero in column H if there are no claims by you or others which would reduce the amount of earnings owing to the judgment debtor. deleted text end
deleted text begin (11) deleted text end deleted text begin COLUMN I. deleted text end deleted text begin Subtract the amount in column H from the amount in column G and enter here. This is the amount of earnings that you must remit for the payday for which the calculations were made. deleted text end

deleted text begin AFFIRMATION deleted text end

deleted text begin 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. deleted text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin . deleted text end
deleted text begin Telephone Number deleted text end
deleted text begin EARNINGS DISCLOSURE WORKSHEET deleted text end deleted text begin . deleted text end
deleted text begin Debtor's Name deleted text end

new text begin Calculating Percentage of Disposable Earnings new text end

new text begin Note to Creditor: You must fill out this chart before sending this form to the employer. Use the current minimum wage found online at: https://www.dli.mn.gov/minwage. new text end

new text begin Minimum Wage = $MW/hour. new text end

new text begin if the weekly gross earnings are: new text end new text begin then this percentage of the disposable earnings are withheld: new text end
new text begin Less than [40 X MW] new text end new text begin 0% new text end
new text begin [40 X MW + .01] to [60 X MW] new text end new text begin 10% new text end
new text begin [60 X MW + .01] to [80 X MW] new text end new text begin 15% new text end
new text begin [80 x MW + .01] or more new text end new text begin 25% new text end

new text begin Employer: Use this creditor's calculation chart to know what percentage of earnings should be withheld. new text end

new text begin Earnings Disclosure Worksheet new text end

new text begin . new text end
new text begin Debtor's name new text end
A new text begin - new text end Payday Date B new text begin - new text end Gross Earnings C new text begin - new text end Disposable Earnings
1. . $ . $ .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin Column A. Enter the debtor's payday. new text end

new text begin Column B. Enter the debtor's gross earnings for each payday. new text end

new text begin Column C. Enter the debtor's disposable earnings for each payday. new text end

D deleted text begin 25deleted text end new text begin - new text end % of new text begin withholding of new text end Column Cnew text begin (Use the creditor's calculation)new text end E new text begin - new text end Greater of deleted text begin 40 X $9.50 ordeleted text end 40 Xnew text begin MN ornew text end Fed. Min. Wage F new text begin - new text end Column C minus Column E
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin Column D. Enter the percentage of disposable earnings that will be withheld. Get this number from the creditor's calculation chart. new text end

new text begin Column E. Calculate 40 times the current MN minimum wage (or 40 times the current federal minimum wage) times the number of work weeks in each payday. Enter the bigger number here. Note: If a payday has extra days that are more than a full work week, count those extra days as part of a work week. Do this by dividing the number of extra workdays by the number of workdays in a normal week. new text end

new text begin Column F. Subtract the amount in Column E from the amount in Column C and enter here. new text end

G new text begin - new text end Lesser of
Column D and Column F
H new text begin - new text end Setoff, Lien, Adverse Interest, or Other Claims I new text begin - new text end Column G minus Column H
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8.deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
TOTAL OF COLUMN I $ .

new text begin Column G. Look at Column D and Column F. Enter the smaller amount of the two here in Column G. new text end

new text begin Column H. Enter any amount claimed by you that would lower the amount of earnings that will go to the debtor. Things like: new text end

new text begin (i) a setoff, new text end

new text begin (ii) a defense, new text end

new text begin (iii) a lien, new text end

new text begin (iv) a claim, or new text end

new text begin (v) any amount claimed by any other person as an exemption or adverse interest. new text end

new text begin Note: You must describe your claim(s) and the claims of others, if known, in the spaces after this worksheet. new text end

new text begin Enter zero in Column H if there are no claims by you or others which would lower the amount of earnings owed to the debtor. new text end

new text begin Note: Any debt that happened within 10 days before you got the first levy on a debt may not be set off against the earnings that are affected by this levy. Any wage assignment made by the debtor within 10 days before you got the first levy on a debt is void. Wage assignment is when a debtor voluntarily agrees to money being taken out of their earnings. new text end

new text begin Column I. Subtract the amount in Column H from the amount in Column G and enter here. This is the amount of earnings that go to the creditor. new text end

deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin payday(s)deleted text end new text begin paydaynew text end , deleted text begin you mustdeleted text end describe new text begin those claims new text end below deleted text begin either your claims, or the claims of othersdeleted text end . new text begin It doesn't matter if they are your claims, or the claims of others. new text end For deleted text begin amounts claimeddeleted text end new text begin claimsnew text end by others, deleted text begin you must both statedeleted text end new text begin listnew text end the names and addresses of deleted text begin such personsdeleted text end new text begin eachnew text end , and deleted text begin the nature ofdeleted text end new text begin describenew text end their deleted text begin claimdeleted text end new text begin claimsnew text end , if deleted text begin knowndeleted text end new text begin you knownew text end .

.

.

.

.

new text begin Earnings Worksheet new text end Affirmation

I, ................. (person signing Affirmation), am the third deleted text begin partydeleted text end new text begin party/employernew text end or I am authorized by the third deleted text begin partydeleted text end new text begin party/employernew text end to complete this earnings disclosure deleted text begin worksheet,deleted text end and have done so truthfully and to the best of my knowledge.

deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin Dated: . deleted text end deleted text begin . deleted text end deleted text begin (...) . deleted text end
deleted text begin Title deleted text end deleted text begin Phone Number deleted text end
new text begin Date: . new text end
new text begin Third Party's Name: . new text end
new text begin Third Party's Signature: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Sec. 3.

Minnesota Statutes 2024, section 550.143, subdivision 2, is amended to read:

Subd. 2.

Disclosure form.

Along with the writ of execution, the notice, instructions, and the exemption notice described in subdivision 3, the sheriff shall serve upon the financial institution an execution disclosure form which must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Judgment Creditor) deleted text end
deleted text begin against deleted text end deleted text begin FINANCIAL INSTITUTIONS deleted text end
deleted text begin . (Judgment Debtor) deleted text end deleted text begin EXECUTION deleted text end
deleted text begin and deleted text end deleted text begin DISCLOSURE deleted text end
deleted text begin . (Third Party) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Execution Disclosure new text end
new text begin against new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin This form is called a "Non-Earnings Disclosure" or "Disclosure." It is being sent to you because you might be holding property that belongs to the debtor, or you might owe money to the debtor. new text end

new text begin You are the "third party" or "garnishee." The "debtor" is the person who owes money. The debtor is also called the "judgment debtor." The creditor is the person the debtor owes money to. The creditor is also called the "judgment creditor." The debtor owes $....................... to the creditor. new text end

new text begin You must list any money or property you owe the debtor on the lines below and sign the affirmation. Write "none" on the line if that is your answer. You must then return this disclosure to the creditor (or the creditor's lawyer) within 20 days after you got it. new text end

deleted text begin On the ..... day of ............., ......., the time of service of execution herein, there was due and owing the judgment debtor from the third party the following: deleted text end

new text begin Fill in the date you got this disclosure: new text end

new text begin ..................... (month) ..................... (day), .......................... (year) new text end

new text begin On the date you got this disclosure, you owed the debtor: new text end

(1) Money. deleted text begin Enter on the line below any amounts due and owing the judgment debtor, except earnings, from the third party.deleted text end new text begin Write down the amount of money you owe the debtor (except earnings).new text end

.

new text begin (2) Property. Write a short description of any personal property, instruments, or papers belonging to the debtor that you have in your possession. List the monetary value of each thing. new text end

new text begin . new text end

deleted text begin (2)deleted text end new text begin (3)new text end Setoff. deleted text begin Enter on the line below the amount of any setoff, defense, lien, or claim which the third party claims against the amount set forth on line (1). State the facts by which such setoff, defense, lien, or claim is claimed. (Any indebtedness to a third party incurred by the judgment debtor within ten days prior to the receipt of the first execution levy on a debt is void as to the judgment creditor.)deleted text end new text begin If you claim a setoff, defense, lien, or claim against the amount on lines (1) and (2) above, enter that amount on the line below. State the facts about your claim. Note: Any payment the debtor makes to the garnishee within the 10 days before they get the first garnishment order on that debt can't be used to lower the amount that is being garnished.new text end

.

deleted text begin (3)deleted text end new text begin (4)new text end Exemption. Enter new text begin any amounts or property that the debtor claims is exempt new text end on the line below deleted text begin any amounts or property claimed by the judgment debtor to be exempt from executiondeleted text end .

.

deleted text begin (4)deleted text end new text begin (5)new text end Adverse Interest. Enter on the line below any amounts deleted text begin claimed by other persons by reason of ownership or interest in the judgmentdeleted text end new text begin of thenew text end debtor's propertynew text begin that other people claim they own or have interest innew text end .

.

deleted text begin (5)deleted text end new text begin (6)new text end Enter deleted text begin on the line belowdeleted text end the total of lines deleted text begin (2), (3), and (4)deleted text end new text begin (3), (4), and (5) on the line belownew text end .

.

deleted text begin (6)deleted text end new text begin (7)new text end Enter deleted text begin on the line belowdeleted text end the difference obtained (never less than zero) when line deleted text begin (5)deleted text end new text begin (6)new text end is subtracted from the deleted text begin amount on linedeleted text end new text begin sum of linesnew text end (1)new text begin and (2) on the line belownew text end .

.

deleted text begin (7) Enter on the line belowdeleted text end new text begin (8) Figure outnew text end 110 percent of the amount of the deleted text begin judgmentdeleted text end creditor's claim which deleted text begin remainsdeleted text end new text begin is stillnew text end unpaid.new text begin Enter it on the line below.new text end

.

deleted text begin (8) Enter on the line below the lesser of line (6) and line (7). You are hereby instructed to remit this amount only if it is $10 or more. deleted text end

new text begin (9) Look at (7) and (8). Put the smaller number on the line below. Hold this amount only if it is $10 or more. new text end

.

AFFIRMATION

I, ....................... (person signing Affirmation), am the deleted text begin third partydeleted text end new text begin garnisheenew text end or I am authorized by the deleted text begin third partydeleted text end new text begin garnisheenew text end to complete this deleted text begin nonearningsdeleted text end new text begin non-earningsnew text end new text begin garnishmentnew text end disclosure, and have done so truthfully and to the best of my knowledge.

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin . deleted text end
deleted text begin Telephone Number deleted text end
new text begin Date: . new text end
new text begin Name: . new text end
new text begin Signature: . new text end
new text begin Title: . new text end
new text begin Phone: . new text end new text begin Email: . new text end

Sec. 4.

Minnesota Statutes 2024, section 550.143, subdivision 3a, is amended to read:

Subd. 3a.

Form of notice.

The notice required by subdivision 3 must be provided as a separate form and must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end
deleted text begin . (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Notice of Levied Funds new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

IMPORTANT NOTICE

deleted text begin YOUR FUNDS HAVE BEEN LEVIED deleted text end
new text begin Money in Your Account Has Been Frozen new text end

The creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .

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

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

The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.

Some of your money in your account may be protected (the legal word is exempt). You may be able to get it sooner than 14 days if you act quickly and follow the instructions on the next page.

The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account deleted text begin thatdeleted text end may be protected. If your money deleted text begin isdeleted text end new text begin comesnew text end from deleted text begin one or more of these sourcesdeleted text end new text begin a benefit on this listnew text end , deleted text begin placedeleted text end new text begin putnew text end a check deleted text begin on the line on the form next to the sources of your moneydeleted text end new text begin in the box next to itnew text end . deleted text begin If it is from one of these sources,deleted text end The creditor deleted text begin cannotdeleted text end new text begin can'tnew text end take it.

BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions and return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last 60 days deleted text begin to have the bank unfreeze your moneydeleted text end .new text begin Instructions and the form are attached.new text end If you deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions, your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the money to deleted text begin the Sheriffdeleted text end new text begin your creditornew text end . new text begin If your creditor gets an order from the court or writ of execution, your bank gives the money to them. new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected, you can still get it back from the creditor laterdeleted text begin , but that is not as easy to do as filling in the form nowdeleted text end .new text begin But filling out the form now is easiest.new text end

deleted text begin See next pages for instructions and the exemption form. deleted text end

new text begin See the attached Exemption Form Instructions and Exemption Form for your next steps. new text end

Sec. 5.

Minnesota Statutes 2024, section 550.143, subdivision 3b, is amended to read:

Subd. 3b.

Form of instructions.

The instructions required by this section must be in a separate form and must be substantially in the following form:

new text begin Exemption Form new text end Instructions

Note: The creditor is who you owe the money to. You are the debtor.

1. Fill out both of the attached exemption forms in this packet.

If you check one of the lines, you should also give proofnew text begin . Use proofnew text end that deleted text begin showsdeleted text end new text begin shownew text end that some or all of the money in your account is from one or more of the protected sources.new text begin This might be letters or account statements.new text end Creditors may ask for a hearing if they question your exemptions.

To avoid a hearing:

new text begin (i) new text end Case numbers should be added to the form.

new text begin (ii) new text end Copies of documents should be sent with the form.

Notice: You must send deleted text begin to the creditor's attorney (or to the creditor, if no attorney)deleted text end copies of your bank statements for the past 60 days before the deleted text begin levydeleted text end new text begin garnishmentnew text end . new text begin Send them to the creditor's lawyer (or to the creditor, if there isn't a lawyer). new text end Keep a copy of your bank statements in case there are questions about your claim. If you deleted text begin do notdeleted text end new text begin don'tnew text end send new text begin bank statements new text end to the creditor's deleted text begin attorneydeleted text end new text begin lawyernew text end (or to the creditordeleted text begin , if no attorneydeleted text end ) deleted text begin bank statementsdeleted text end new text begin alongnew text end with your exemption claim, the financial institution may deleted text begin releasedeleted text end new text begin givenew text end your money to the deleted text begin Sheriffdeleted text end new text begin creditornew text end .new text begin They would do this once the creditor gives them a court order saying they have to turn over the funds.new text end

2. Sign the exemption forms. Make deleted text begin onedeleted text end new text begin anew text end copy to keep for yourself.

3. Mail or deliver the other copies of the form by (insert date).

Both Copies Must Be Mailed or Delivered the Same Day.

One copy of the form and the copies of your bank statements go to:

deleted text begin . deleted text end

deleted text begin (Insert name of creditor or creditor's attorney) deleted text end

deleted text begin . deleted text end

deleted text begin (Insert address of creditor or creditor's attorney) deleted text end

deleted text begin One copy goes to: deleted text end

deleted text begin . deleted text end

deleted text begin (Insert name of bank) deleted text end

deleted text begin . deleted text end

deleted text begin (Insert address of bank) deleted text end

new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

new text begin One copy goes to: new text end

new text begin Bank's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

How The Process Works

If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:

14 days after the date of this letter some or all of your money may be turned over to the creditor deleted text begin or to the sheriffdeleted text end .new text begin This happens once they get an order from the court telling the bank to do this.new text end

If Younew text begin Donew text end Send in the Exemption Form and Bank Statements:

Any money that is NOT protected can be turned over to the deleted text begin sheriffdeleted text end new text begin creditor once they get an order from the courtnew text end .

If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :

The deleted text begin financial institution willdeleted text end new text begin bank shouldnew text end unfreeze your money deleted text begin sixdeleted text end new text begin 6new text end business days after deleted text begin the institution getsdeleted text end new text begin they getnew text end your completed form.new text begin If they don't, ask the creditor or the creditor's lawyer to send a release letter to the bank.new text end

If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :

The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The creditor has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You deleted text begin will receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.

The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin ifnew text end your money is protected or not. Some reasons a creditor may object are because you deleted text begin did notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin gotnew text end . Be sure to include these when you send your exemption form.

You may want to talk to a lawyer for advice about this process. If you are low income you can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .

deleted text begin PENALTIES: deleted text end

new text begin Warnings and Fines new text end

If you claim that your money is protected and a court decides you made that claim in bad faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100. new text begin Bad faith is when someone does something wrong on purpose. new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government benefits deleted text begin thatdeleted text end new text begin andnew text end you deleted text begin do not receivedeleted text end new text begin don'tnew text end .

If the creditor made a bad faith objection to your claim that your money is protected, the court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100.

Sec. 6.

Minnesota Statutes 2024, section 550.143, subdivision 3c, is amended to read:

Subd. 3c.

Form of exemption form.

The exemption form required by this subdivision must be sent as a separate form and must be in substantially the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end
deleted text begin . (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Exemption Form new text end
new text begin against new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Bank's name new text end
new text begin . new text end

deleted text begin EXEMPTION FORM deleted text end

A. How Much Money is Protectednew text begin (Exempt)new text end
. I claim ALL of the money being frozen by the bank is protected.
. I claim SOME of the money is protected. The amount I claim is protected is $.......
B. Why The Money is Protected
My money is protected because I get it from one or more of the following places: (Check all that apply)
new text begin Earnings (Wages) new text end
new text begin ALL or SOME of my wages may be protected. new text end
new text begin . new text end new text begin Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end
new text begin For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end
new text begin (i) 75% or more of your wages (after taxes are taken out), or new text end
new text begin (ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end
new text begin All of my wages are protected because: new text end
new text begin . new text end new text begin I get government benefits (a list of government benefits is on the next page) new text end
new text begin . new text end new text begin I am getting other assistance based on need new text end
new text begin . new text end new text begin I have gotten government benefits in the last 6 months new text end
new text begin . new text end new text begin I was in jail or prison in the last 6 months new text end
new text begin If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end
deleted text begin . deleted text end Government benefits
Government benefits deleted text begin include, but are not limited to, the followingdeleted text end new text begin can include many things. For examplenew text end :
deleted text begin MFIP deleted text end deleted text begin - Minnesota Family Investment Program, deleted text end
deleted text begin MFIP Diversionary Work Program, deleted text end
deleted text begin Work participation cash benefit, deleted text end
deleted text begin GA deleted text end deleted text begin - General Assistance, deleted text end
deleted text begin EA deleted text end deleted text begin - emergency assistance, deleted text end
deleted text begin MA deleted text end deleted text begin - medical assistance, deleted text end
deleted text begin EGA deleted text end deleted text begin - emergency general assistance, deleted text end
deleted text begin MSA deleted text end deleted text begin - Minnesota Supplemental Aid, deleted text end
deleted text begin MSA-EA deleted text end deleted text begin - MSA Emergency Assistance, deleted text end
deleted text begin Supplemental Nutrition Assistance Program (SNAP), deleted text end
deleted text begin SSI - Supplemental Security Income, deleted text end
deleted text begin MinnesotaCare, deleted text end
deleted text begin Medicare Part B premium payments, deleted text end
deleted text begin Medicare Part D extra help, deleted text end
deleted text begin Energy or fuel assistance. deleted text end
new text begin (i) MFIP - Minnesota Family Investment Program new text end
new text begin (ii) DWP - MFIP Diversionary Work Program new text end
new text begin (iii) SNAP - Supplemental Nutrition Assistance Program new text end
new text begin (iv) GA - General Assistance new text end
new text begin (v) EGA - Emergency General Assistance new text end
new text begin (vi) MSA - Minnesota Supplemental Aid new text end
new text begin (vii) MSA-EA - MSA Emergency Assistance new text end
new text begin (viii) EA - Emergency Assistance new text end
new text begin (ix) Energy or Fuel Assistance new text end
new text begin (x) Work Participation Cash Benefit new text end
new text begin (xi) MA - Medical Assistance new text end
new text begin (xii) MinnesotaCare new text end
new text begin (xiii) Medicare Part B - Premium Payments help new text end
new text begin (xiv) Medicare Part D - Extra new text end
new text begin (xv) SSI - Supplemental Security Income new text end
new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), MN Working family credit new text end
new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end
deleted text begin LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end
deleted text begin . deleted text end
List the case number and countynew text begin for every box you checked:new text end
Case Number: . new text begin County: . new text end
new text begin Case Number: . County: . new text end
new text begin Case Number: . County: . new text end
deleted text begin County: . deleted text end
Government benefits also include:
. Social Security benefits
. Unemployment benefits
. Workers' compensation
. deleted text begin Veteransdeleted text end new text begin Veterans'new text end benefits
If you deleted text begin receivedeleted text end new text begin getnew text end any of these government benefits, include copies of any documents deleted text begin you havedeleted text end that show you deleted text begin receive Social Security, unemployment, workers' compensation, or veterans benefitsdeleted text end new text begin get themnew text end .
deleted text begin . deleted text end deleted text begin Other assistance based on need deleted text end
new text begin . new text end new text begin I get other assistance based on need that is not on the list. It comes from: . new text end
new text begin . new text end
new text begin Make sure you include copies of any documents that show this. new text end

deleted text begin You may have assistance based on need from another source that is not on the list. If you do, check this box, and fill in the source of your money on the line below: deleted text end

deleted text begin Source: . deleted text end

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

deleted text begin EARNINGS deleted text end
deleted text begin ALL or SOME of your earnings (wages) may also be protected. deleted text end
deleted text begin . deleted text end deleted text begin All of your earnings (wages) are protected if: deleted text end
deleted text begin . deleted text end deleted text begin You get government benefits (see list of government benefits) deleted text end
deleted text begin . deleted text end deleted text begin You currently receive other assistance based on need deleted text end
deleted text begin . deleted text end deleted text begin You have received government benefits in the last six months deleted text end
deleted text begin . deleted text end deleted text begin You were in jail or prison in the last six months deleted text end
deleted text begin If you check one of these lines, your wages are only protected for 60 days after they are deposited in your account so you MUST send the creditor a copy of BANK STATEMENTS that show what was in your account for the 60 days right before the bank froze your money. deleted text end
deleted text begin . deleted text end deleted text begin Some of your earnings (wages) are protected. deleted text end
deleted text begin If all of your earnings are not exempt, then some of your earnings are still protected for 20 days after they were deposited in your account. The amount protected is the larger amount of: deleted text end
deleted text begin 75 percent of your wages (after taxes are taken out); or deleted text end
deleted text begin (insert the sum of the current federal minimum wage) multiplied by 40. deleted text end
new text begin C. new text end Other deleted text begin Exemptdeleted text end new text begin Protectednew text end Funds
The money from deleted text begin the followingdeleted text end new text begin these thingsnew text end are also completely protected after they are deposited in deleted text begin yourdeleted text end new text begin mynew text end account.
new text begin . new text end new text begin Child support new text end
. deleted text begin An accident, disability, or retirementdeleted text end new text begin A retirement, disability, or accident new text end pension or annuity
new text begin . new text end new text begin Earnings of my child who is under 18 years of age new text end
. Payments to deleted text begin youdeleted text end new text begin menew text end from a life insurance policy
deleted text begin . deleted text end deleted text begin Earnings of your child who is under 18 years of age deleted text end
deleted text begin . deleted text end deleted text begin Child support deleted text end
. Money paid to deleted text begin youdeleted text end new text begin menew text end from a claim for damage or destruction of propertynew text begin .new text end Property includes household goods, farm tools or machinery, tools for deleted text begin yourdeleted text end new text begin mynew text end job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances.
. Death benefits paid to deleted text begin youdeleted text end new text begin menew text end

I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information about my benefits to the deleted text begin above-nameddeleted text end creditordeleted text begin , or its attorneydeleted text end new text begin named above or to the creditor's lawyernew text end . The information will ONLY deleted text begin concern whetherdeleted text end new text begin be ifnew text end I get deleted text begin benefits or notdeleted text end new text begin assistancenew text end , or deleted text begin whetherdeleted text end new text begin ifnew text end I have gotten deleted text begin themdeleted text end new text begin assistancenew text end in the past deleted text begin sixdeleted text end new text begin 6new text end months.new text begin If I was an inmate in the last 6 months, I give my permission to the correctional institution to tell the creditor named above or the creditor's lawyer that I was an inmate there.new text end

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

You must sign deleted text begin and senddeleted text end this form new text begin and send it new text end back to the creditor's deleted text begin Attorneydeleted text end new text begin lawyernew text end (or to the creditor, if new text begin there is new text end no deleted text begin attorneydeleted text end new text begin lawyernew text end ) and the bank. Remember to include a copy of your bank statements for the past 60 days. Fill in the blanks below and go back to the instructions to make sure you deleted text begin dodeleted text end new text begin didnew text end it correctly.

I deleted text begin havedeleted text end mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor's lawyer (or to the creditor, if there is no lawyer) at the address listed below.new text end

deleted text begin . deleted text end

deleted text begin (Insert name of creditor or creditor's attorney) deleted text end

deleted text begin . deleted text end

deleted text begin (Insert address of creditor or creditor's attorney) deleted text end

new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address listed deleted text begin in the instructions.deleted text end new text begin below:new text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin DEBTOR deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR ADDRESS deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR TELEPHONE NUMBER deleted text end
new text begin Bank's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end
new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 7.

Minnesota Statutes 2024, section 551.05, subdivision 1b, is amended to read:

Subd. 1b.

Form of notice.

The notice must be a separate form and must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . deleted text end deleted text begin (Creditor) deleted text end
deleted text begin . deleted text end deleted text begin (Debtor) deleted text end
deleted text begin . deleted text end deleted text begin (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name: new text end
new text begin . new text end
new text begin Debtor's full name: new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other): new text end
new text begin . new text end

IMPORTANT NOTICE

deleted text begin YOUR FUNDS HAVE BEEN LEVIED deleted text end
new text begin Money in Your Account Has Been Frozen new text end

The creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .

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

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

The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.

Some of your money in your account may be protected (the legal word is exempt). You may be able to get it sooner than 14 days if you act quickly and follow the instructions on the next page.

The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account deleted text begin thatdeleted text end may be protected. If your money deleted text begin is from one or more of these sources, place a check on the line on the form next to the sources of your money. If it is from one of these sources, the Creditor cannot take itdeleted text end new text begin comes from a benefit on this list, put a check on the line next to it. The creditor can't take itnew text end .

BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions and return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last 60 daysdeleted text begin to have the bank unfreeze your moneydeleted text end .new text begin Instructions and the form are attached.new text end If you deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions, your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the money to deleted text begin thedeleted text end new text begin yournew text end creditor.new text begin If your creditor gets an order from the court or writ of execution, your bank gives the money to them.new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected, you can still get it back from the creditor laterdeleted text begin , but that is not as easy to do as filling in the form nowdeleted text end .new text begin But filling out the form now is easiest. new text end

deleted text begin See next pages for instructions and the exemption form. deleted text end

Sec. 8.

Minnesota Statutes 2024, section 551.05, subdivision 1c, is amended to read:

Subd. 1c.

Form of instructions.

The instructions required must be in a separate form and must be substantially in the following form:

INSTRUCTIONS

Note: The creditor is who you owe the money to. You are the debtor.

1. Fill out both of the attached exemption forms in this packet.

deleted text begin If you check one of the lines, you should also give proof that shows that some or all of the money in your account is from one or more of the protected sources. Creditors may ask for a hearing if they question your exemptions. To avoid a hearing: deleted text end

deleted text begin Case numbers should be added to the form. Copies of documents should be sent with the form. deleted text end

new text begin If you check one of the lines, you should also give proof. Use proof that shows that some or all of the money in your account is from one or more of the protected sources. This might be letters or account statements. Creditors may ask for a hearing if they question your exemptions. new text end

new text begin To avoid a hearing: new text end

new text begin (i) Case numbers should be added to the form. new text end

new text begin (ii) Copies of documents should be sent with the form. new text end

deleted text begin Notice: YOU MUST SEND TO THE CREDITOR'S ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) COPIES OF YOUR BANK STATEMENTS FOR THE PAST 60 DAYS BEFORE THE LEVY. Keep a copy of your bank statements in case there are questions about your claim. If you do not send to the creditor's attorney (or to the creditor, if no attorney) bank statements with your exemption claim, the financial institution may release your money to the creditor. deleted text end

new text begin Notice: You must send copies of your bank statements for the past 60 days before the garnishment. Send them to the creditor (or to the creditor's lawyer). Keep a copy of your bank statements in case there are questions about your claim. If you don't send bank statements to the creditor (or to the creditor's lawyer) along with your exemption claim, the financial institution may give your money to the creditor. They would do this once the creditor gives them a court order saying they have to turn over the funds. new text end

2. Sign the exemption forms. Make one copy to keep for yourself.

3. Mail or deliver the other copies of the form by (insert date).

Both Copies Must Be Mailed or Delivered the Same Day.

One copy of the form and the copies of your bank statements go to:

new text begin Creditor's Name: . new text end
deleted text begin (Insert name of creditor or creditor's attorney) deleted text end new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
deleted text begin (Insert address of creditor or creditor's attorney) deleted text end new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

One copy goes to:

new text begin Bank's Name: . new text end
deleted text begin (Insert name of bank) deleted text end new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
deleted text begin (Insert address of bank) deleted text end new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

How The Process Works

If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:

14 days after the date of this letter some or all of your money may be turned over to the creditor deleted text begin pursuant to Minnesota statutedeleted text end .new text begin This happens once they get an order from the court telling the bank to do this.new text end

If You new text begin Do new text end Send in the Exemption Form and Bank Statements:

Any money that is NOT protected can be turned over to the creditornew text begin once they get an order from the courtnew text end .

If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :

deleted text begin The financial institution will unfreeze your money six business days after the institution gets your completed form. deleted text end new text begin The bank should unfreeze your money 6 business days after they get your completed form. If they don't, ask the creditor or the creditor's lawyer to send a release letter to the bank. new text end

If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :

The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The creditor has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You deleted text begin will receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.

The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin ifnew text end your money is protected or not. Some reasons a creditor may object are because you deleted text begin did notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin gotnew text end . Be sure to include these when you send your exemption form.

You may want to talk to a lawyer for advice about this process. If you are low income you can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .

deleted text begin PENALTIESdeleted text end new text begin Warnings and Finesnew text end :

If you claim that your money is protected and a court decides you made that claim in bad faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100.new text begin Bad faith is when someone does something wrong on purpose.new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government benefits deleted text begin that you do not receivedeleted text end new text begin and you don'tnew text end .

If the creditor made a bad faith objection to your claim that your money is protected, the court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100.

Sec. 9.

Minnesota Statutes 2024, section 551.05, subdivision 1d, is amended to read:

Subd. 1d.

Form of exemption form.

The exemption form required by this subdivision must be a separate form and must be in substantially the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . deleted text end deleted text begin (Creditor) deleted text end
deleted text begin . deleted text end deleted text begin (Debtor) deleted text end
deleted text begin . deleted text end deleted text begin (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name: new text end
new text begin . new text end new text begin Exemption Form new text end
new text begin against new text end
new text begin Debtor's full name: new text end
new text begin . new text end
new text begin Bank's name: new text end
new text begin . new text end

deleted text begin EXEMPTION FORM deleted text end

A. How Much Money Is Protectednew text begin (exempt)new text end
deleted text begin . deleted text end new text begin ... new text end I claim ALL of the money being frozen by the bank is protected.
deleted text begin . deleted text end new text begin ... new text end I claim SOME of the money is protected. The amount I claim is protected is $.......new text begin .new text end
B. Why The Money Is Protected
My money is protected because I get it from one or more of the following places: (Check all that apply)
new text begin Earnings (Wages) new text end
new text begin ALL or SOME of my wages may be protected. new text end
new text begin ... Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end
new text begin For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end
new text begin (i) 75% of your wages or more (after taxes are taken out), or new text end
new text begin (ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end
new text begin new text begin Allnew text end of my wages are protected because: new text end
new text begin ... I get government benefits (a list of government benefits is on the next page) new text end
new text begin ... I am getting other assistance based on need new text end
new text begin ... I have gotten government benefits in the last 6 months new text end
new text begin ... I was in jail or prison in the last 6 months new text end
new text begin If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end
deleted text begin . deleted text end Government benefits
Government benefits new text begin can new text end includedeleted text begin , but are not limited to, the followingdeleted text end new text begin many things. For examplenew text end :
deleted text begin MFIP deleted text end deleted text begin - Minnesota family investment program, deleted text end
deleted text begin MFIP Diversionary Work Program, deleted text end
deleted text begin Work participation cash benefit,deleted text end
deleted text begin GA deleted text end deleted text begin - general assistance, deleted text end
deleted text begin EA deleted text end deleted text begin - emergency assistance, deleted text end
deleted text begin MA deleted text end deleted text begin - medical assistance, deleted text end
deleted text begin EGA deleted text end deleted text begin - emergency general assistance, deleted text end
deleted text begin MSA deleted text end deleted text begin - Minnesota supplemental aid, deleted text end
deleted text begin MSA-EA deleted text end deleted text begin - MSA emergency assistance, deleted text end
deleted text begin Supplemental Nutrition Assistance Program (SNAP), deleted text end
deleted text begin SSI - Supplemental Security Income, deleted text end
deleted text begin MinnesotaCare, deleted text end
deleted text begin Medicare Part B premium payments, deleted text end
deleted text begin Medicare Part D extra help, deleted text end
deleted text begin Energy or fuel assistance. deleted text end
deleted text begin LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end
deleted text begin . deleted text end
deleted text begin LIST THE CASE NUMBER AND COUNTY deleted text end
deleted text begin Case Number: deleted text end .
deleted text begin County: deleted text end .
deleted text begin Government benefits also include: deleted text end
. deleted text begin Social Security benefits deleted text end
. deleted text begin Unemployment benefits deleted text end
. deleted text begin Workers' compensation deleted text end
. deleted text begin Veterans benefits deleted text end
deleted text begin If you receive any of these government benefits, include copies of any documents you have that show you receive Social Security, unemployment, workers' compensation, or veterans benefits. deleted text end
. deleted text begin Other assistance based on need deleted text end

deleted text begin You may have assistance based on need from another source that is not on the list. If you do, check this box, and fill in the source of your money on the line below: deleted text end

deleted text begin Source: . deleted text end

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

deleted text begin EARNINGS deleted text end
deleted text begin ALL or SOME of your earnings (wages) may also be protected. deleted text end
deleted text begin . deleted text end deleted text begin All of your earnings (wages) are protected if: deleted text end
deleted text begin . deleted text end deleted text begin You get government benefits (see list of government benefits) deleted text end
deleted text begin . deleted text end deleted text begin You currently receive other assistance based on need deleted text end
deleted text begin . deleted text end deleted text begin You have received government benefits in the last six months deleted text end
deleted text begin . deleted text end deleted text begin You were in jail or prison in the last six months deleted text end
deleted text begin If you check one of these lines, your wages are only protected for 60 days after they are deposited in your account so you MUST send the creditor a copy of BANK STATEMENTS that show what was in your account for the 60 days right before the bank froze your money. deleted text end
deleted text begin . deleted text end deleted text begin Some of your earnings (wages) are protected. deleted text end
deleted text begin If all of your earnings are not exempt, then some of your earnings are still protected for 20 days after they were deposited in your account. The amount protected is the larger amount of: deleted text end
deleted text begin 75 percent of your wages (after taxes are taken out); or deleted text end
deleted text begin (insert the sum of the current federal minimum wage) multiplied by 40. deleted text end
deleted text begin OTHER EXEMPT FUNDS deleted text end
deleted text begin The money from the following are also completely protected after they are deposited in your account. deleted text end
deleted text begin . deleted text end deleted text begin An accident, disability, or retirement pension or annuity deleted text end
deleted text begin . deleted text end deleted text begin Payments to you from a life insurance policy deleted text end
deleted text begin . deleted text end deleted text begin Earnings of your child who is under 18 years of age deleted text end
deleted text begin . deleted text end deleted text begin Child support deleted text end
deleted text begin . deleted text end deleted text begin Money paid to you from a claim for damage or destruction of property Property includes household goods, farm tools or machinery, tools for your job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances. deleted text end
deleted text begin . deleted text end deleted text begin Death benefits paid to you deleted text end
new text begin (i) MFIP - Minnesota Family Investment Program new text end
new text begin (ii) DWP - MFIP Diversionary Work Program new text end
new text begin (iii) SNAP - Supplemental Nutrition Assistance Program new text end
new text begin (iv) GA - General Assistance new text end
new text begin (v) EGA - Emergency General Assistance new text end
new text begin (vi) MSA - Minnesota Supplemental Aid new text end
new text begin (vii) MSA-EA - MSA Emergency Assistance new text end
new text begin (viii) EA - Emergency Assistance new text end
new text begin (ix) Energy or Fuel Assistance new text end
new text begin (x) Work Participation Cash Benefit new text end
new text begin (xi) MA - Medical Assistance new text end
new text begin (xii) MinnesotaCare new text end
new text begin (xiii) Medicare Part B - Premium Payments help new text end
new text begin (xiv) Medicare Part D - Extra new text end
new text begin (xv) SSI - Supplemental Security Income new text end
new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end
new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end
new text begin List the case number and county for every box you checked: new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Government benefits also include: new text end
new text begin ... Social Security benefits new text end
new text begin ... Unemployment benefits new text end
new text begin ... Workers' compensation new text end
new text begin ... Veterans' benefits new text end

new text begin If you get any of these government benefits, include copies of any documents that show you get them. new text end

new text begin ... I get other assistance based on need that is not on the list. It comes from: new text end

.

new text begin Make sure you include copies of any documents that show this. new text end

new text begin C. new text end new text begin Other Protected Funds new text end
new text begin The money from these things are also completely protected after they are deposited in my account. new text end
new text begin ... Child Support new text end
new text begin ... A retirement, disability, or accident pension or annuity new text end
new text begin ... Earnings of my child who is under 18 years of age new text end
new text begin ... Payments to me from a life insurance policy new text end
new text begin ... Money paid to me from a claim for damage or destruction of property. Property includes household goods, farm tools or machinery, tools for my job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances. new text end
new text begin ... Death benefits paid to me new text end

I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information about my benefits to the deleted text begin above-named creditor, or its attorneydeleted text end new text begin creditor named above or to the creditor's lawyernew text end . The information will ONLY deleted text begin concern whether I get benefits or not, or whether I have gotten them in the past six monthsdeleted text end new text begin be if I get assistance, or if I have gotten assistance in the past 6 monthsnew text end .new text begin new text end If I was an inmate in the last deleted text begin sixdeleted text end new text begin 6new text end months, I give my permission to the correctional institution to tell the deleted text begin above-nameddeleted text end creditornew text begin named above or the creditor's lawyernew text end that I was an inmate there.

deleted text begin YOU MUST SIGN AND SEND THIS FORM BACK TO THE CREDITOR'S ATTORNEY (OR TO THE CREDITOR, IF NO ATTORNEY) AND THE BANK. REMEMBER TO INCLUDE A COPY OF YOUR BANK STATEMENTS FOR THE PAST 60 DAYS. FILL IN THE BLANKS BELOW AND GO BACK TO THE INSTRUCTIONS TO MAKE SURE YOU DO IT CORRECTLY. deleted text end

new text begin You must sign this form and send it back to the creditor's lawyer (or to the creditor, if there is no lawyer) and the bank. Remember to include a copy of your bank statements for the past 60 days. Fill in the blanks below and go back to the instructions to make sure you did it correctly. new text end

I have mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor (or creditor's lawyer) at the address listed below.new text end

new text begin Creditor's Signature: . new text end
(deleted text begin Insert name of creditordeleted text end or creditor's deleted text begin attorneydeleted text end new text begin lawyer's signaturenew text end )
new text begin Creditor's Name: . new text end
(deleted text begin Insert address of creditordeleted text end or creditor's deleted text begin attorneydeleted text end new text begin lawyer's namenew text end )
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address listed deleted text begin in the instructions.deleted text end new text begin below:new text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin DEBTOR deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR ADDRESS deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR TELEPHONE NUMBER deleted text end
new text begin Bank's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end
new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 10.

Minnesota Statutes 2024, section 551.06, subdivision 6, is amended to read:

Subd. 6.

Earnings exemption notice.

Before the first levy on earnings, the attorney for the judgment creditor shall serve upon the judgment debtor no less than ten days before the service of the writ of execution, a notice that the writ of execution may be served on the judgment debtor's employer. The notice must: (1) be substantially in the form set forth below; (2) be served personally, in the manner of a summons and complaint, or by first class mail to the last known address of the judgment debtor; (3) inform the judgment debtor that an execution levy may be served on the judgment debtor's employer in ten days, and that the judgment debtor may, within that time, cause to be served on the judgment creditor's attorney a signed statement under penalties of perjury asserting an entitlement to an exemption from execution; (4) inform the judgment debtor of the earnings exemptions contained in section 550.37, subdivision 14; and (5) advise the judgment debtor of the relief set forth in this chapter to which the judgment debtor may be entitled if a judgment creditor in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed against a judgment debtor who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the execution process. The notice requirement of this subdivision does not apply to a levy on earnings being held by an employer pursuant to a garnishment summons served in compliance with chapter 571.

The ten-day notice informing a judgment debtor that a writ of execution may be used to levy the earnings of an individual must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Creditor) deleted text end
deleted text begin against deleted text end
deleted text begin EXECUTION EXEMPTION deleted text end
deleted text begin NOTICE AND NOTICE OF deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Debtor) deleted text end deleted text begin INTENT TO LEVY ON EARNINGS deleted text end
deleted text begin and deleted text end deleted text begin WITHIN TEN DAYS deleted text end
deleted text begin . deleted text end deleted text begin (Third Party) deleted text end

deleted text begin PLEASE TAKE NOTICE that A levy may be served upon your employer or other third parties, without any further court proceedings or notice to you, ten days or more from the date hereof. Your earnings are completely exempt from execution levy if you are now a recipient of relief based on need, if you have been a recipient of relief within the last six months, or if you have been an inmate of a correctional institution in the last six months. deleted text end

deleted text begin Relief based on need includes the Minnesota Family Investment Program (MFIP), Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance (GA), Emergency General Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance. deleted text end

deleted text begin If you wish to claim an exemption, you should fill out the appropriate form below, sign it, and send it to the judgment creditor's attorney. deleted text end

deleted text begin You may wish to contact the attorney for the judgment creditor in order to arrange for a settlement of the debt or contact an attorney to advise you about exemptions or other rights. deleted text end

new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name: new text end
new text begin . new text end new text begin Execution Exemption Notice and Notice of new text end
new text begin against new text end new text begin Intent to Levy on Earnings new text end
new text begin Debtor's full name: new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other): new text end
new text begin . new text end

new text begin Notice: A levy may be served on your employer or other third parties. A levy means that part of your earnings can be taken to pay off debts that you owe. This can happen in 10 days or more after you get this notice. This can happen without any other court action or notice to you. But some of your money may be protected. new text end

new text begin Your earnings cannot be taken if: new text end

new text begin (i) you are getting government assistance based on need, new text end

new text begin (ii) you got any government assistance based on need in the last 6 months, or new text end

new text begin (iii) you were an inmate of a correctional institution in the last 6 months. new text end

new text begin These are called exemptions. Your money is NOT protected unless you fill out the Exemption Claim Notice attached and send it back to the creditor or the creditor's lawyer. If you are not sure if you have any exemptions, talk to a lawyer. new text end

new text begin You can also contact the creditor or their lawyer to talk about a settlement of the debt. new text end

new text begin Examples of government assistance based on need: new text end
new text begin (i) MFIP - Minnesota Family Investment Program new text end
new text begin (ii) DWP - MFIP Diversionary Work Program new text end
new text begin (iii) SNAP - Supplemental Nutrition Assistance Program new text end
new text begin (iv) GA - General Assistance new text end
new text begin (v) EGA - Emergency General Assistance new text end
new text begin (vi) MSA - Minnesota Supplemental Aid new text end
new text begin (vii) MSA-EA - MSA Emergency Assistance new text end
new text begin (viii) EA - Emergency Assistance new text end
new text begin (ix) Energy or Fuel Assistance new text end
new text begin (x) Work Participation Cash Benefit new text end
new text begin (xi) MA - Medical Assistance new text end
new text begin (xii) MinnesotaCare new text end
new text begin (xiii) Medicare Part B - Premium Payments help new text end
new text begin (xiv) Medicare Part D - Extra new text end
new text begin (xv) SSI - Supplemental Security Income new text end
new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end
new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end

deleted text begin PENALTIES deleted text end new text begin Warnings and Fines new text end

(1) deleted text begin Be advised that even if you claim an exemption, an execution levy may still be served on your employer. If your earnings are levied on after you claim an exemption, you may petition the court for a determination of your exemption. If the court finds that the judgment creditor disregarded your claim of exemption in bad faith, you will be entitled to costs, reasonable attorney fees, actual damages, and an amount not to exceed $100.deleted text end new text begin Even if you claim an exemption, a levy may still be served on your employer. If they take money from you after you claim an exemption, you may ask the court to review your exemption. If the court finds that the creditor ignored your claim of exemption in bad faith, you are entitled to costs, reasonable lawyer fees, actual damages, and a fine up to $100. Bad faith is when someone does something wrong on purpose.new text end

(2) deleted text begin HOWEVER, BE WARNED if you claim an exemption, the judgment creditor can also petition the court for a determination of your exemption, and if the court finds that you claimed an exemption in bad faith, you will be assessed costs and reasonable attorney's fees plus an amount not to exceed $100.deleted text end new text begin BUT if you claim an exemption, the creditor can also ask the court to review your exemption. If the court finds that you claimed an exemption in bad faith, you are charged costs and reasonable lawyer fees, and a fine up to $100.new text end

(3) deleted text begin If after receipt of this notice, you in bad faith take action to frustrate the execution levy, thus requiring the judgment creditor to petition the court to resolve the problem, you will be liable to the judgment creditor for costs and reasonable attorney's fees plus an amount not to exceed $100.deleted text end new text begin If you get this notice, then do something in bad faith to try to block or stop the levy and the creditor has to take you to court because of it, you will have to pay the creditor's costs, and reasonable lawyer's fees, and a fine up to $100.new text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin (Attorney for Judgment Creditor) deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Telephone deleted text end
new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

deleted text begin JUDGMENT DEBTOR'S EXEMPTION CLAIM NOTICE deleted text end

new text begin Debtor's Exemption Claim Notice new text end

I deleted text begin herebydeleted text end claim that my earnings are exempt deleted text begin from executiondeleted text end because:new text begin (check all that apply)new text end

deleted text begin (1)deleted text end new text begin ...new text end I am deleted text begin presently a recipient of reliefdeleted text end new text begin getting government assistance new text end based on need. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from which relief is being receiveddeleted text end new text begin you got it fromnew text end .)

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

deleted text begin (2)deleted text end new text begin ...new text end I am not deleted text begin now receiving reliefdeleted text end new text begin getting assistancenew text end based on neednew text begin right nownew text end , but I deleted text begin have received reliefdeleted text end new text begin did get government assistancenew text end based on need within the last deleted text begin sixdeleted text end new text begin 6new text end months. (deleted text begin Specifydeleted text end new text begin Statenew text end the program, case numbernew text begin if you know itnew text end , and the county deleted text begin from which relief has been receiveddeleted text end new text begin you got it fromnew text end .)

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

deleted text begin (3)deleted text end new text begin ...new text end I deleted text begin have beendeleted text end new text begin wasnew text end an inmate of a correctional institution within the last deleted text begin sixdeleted text end new text begin 6new text end months. (deleted text begin Specifydeleted text end new text begin Statenew text end the correctional institution and location.)

deleted text begin . deleted text end deleted text begin . deleted text end
Correctional Institution . Location .

deleted text begin I hereby authorize any agency that has distributed relief to me or any correctional institution in which I was an inmate to disclose to the above-named judgment creditor or the judgment creditor's attorney only whether or not I am or have been a recipient of relief based on need or an inmate of a correctional institution within the last six months. I have mailed or delivered a copy of this form to the creditor or creditor's attorney. deleted text end

deleted text begin DATE: . deleted text end deleted text begin . deleted text end
deleted text begin Judgment Debtor deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end

new text begin I give my permission to any agency listed above to give information about my benefits to the creditor named above, or to the creditor's lawyer. The information will ONLY be if I get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the last 6 months, I give my permission to the correctional institution to tell the creditor named above or the creditor's lawyer that I was an inmate there. new text end

new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 11.

Minnesota Statutes 2024, section 551.06, subdivision 9, is amended to read:

Subd. 9.

Notice of levy on earnings, disclosure, and worksheet.

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.

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin FILE NO. . deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Creditor) deleted text end
deleted text begin against deleted text end deleted text begin NOTICE OF LEVY ON deleted text end
deleted text begin EARNINGS AND DISCLOSURE deleted text end
deleted text begin . deleted text end deleted text begin (Judgment Debtor) deleted text end
deleted text begin and deleted text end
deleted text begin . deleted text end deleted text begin (Third Party) deleted text end

deleted text begin 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 $10,000) 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 $..... deleted text end

deleted text begin 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 90 days after the service of this levy. deleted text end

deleted text begin 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. deleted text end

deleted text begin . deleted text end
deleted text begin Attorney for the Judgment Creditor deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin (...) . deleted text end
deleted text begin Phone Number deleted text end

deleted text begin DISCLOSURE deleted text end

deleted text begin DEFINITIONS deleted text end

deleted text begin "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. deleted text end

deleted text begin "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.) deleted text end

deleted text begin "PAYDAY": For the purpose of execution, "payday(s)" means the date(s) upon which the employer pays earnings to the judgment 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. deleted text end

new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name: new text end
new text begin . new text end new text begin Notice of Levy on Earnings for Non-Child Support Judgements new text end
new text begin against new text end
new text begin Debtor's full name: new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (Debtor's Employer): new text end
new text begin . new text end

new text begin To the employer: new text end

new text begin An employee of yours owes a judgment (money) to a creditor. The creditor's lawyer is starting a levy on the earnings you owe the employee. A levy means that you might have to hold part of the employee's earnings and send it to the creditor. By law, you have to do this. The limit on the levy is $10,000. A copy of the writ of execution from the court is enclosed. The amount of the judgment is $........ new text end

new text begin The levy applies to "nonexempt disposable earnings" that you owe the employee. There are definitions and instructions below on how to calculate the amount, if any, you have to hold. The levy starts with the pay period when you got this levy. It continues for all pay periods in the 90 days after you got this levy. new text end

new text begin You must complete the attached disclosure form and worksheet. Then mail it to the lawyer listed below. If any money is owed under the levy, you must also send a check payable to the creditor listed above. Follow the steps and the deadlines explained below. new text end

new text begin Creditor's Name: . new text end
new text begin Creditor's Lawyer's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name: new text end
new text begin . new text end new text begin Earnings Disclosure and Worksheet For Non-Child Support Judgements new text end
new text begin against new text end
new text begin Debtor's full name: new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (Debtor's Employer): new text end
new text begin . new text end

new text begin This form is called an "Earnings Execution Disclosure" or "Disclosure." It is for the employer to fill out. The "debtor" is the person who owes money. The debtor gets a copy of this form for their own information. new text end

new text begin The employer is the "third party." The debtor is also called a "judgment debtor." If the debtor asks how the calculations in this document were made, the employer must provide information about it. new text end

new text begin Definitions new text end

new text begin "Earnings": what is paid or payable to an employee, independent contractor, or self-employed person for personal services (a job). Also called compensation. Compensation can be wages, salary, commission, bonuses, payments, profit-sharing distributions, severance payment, fees, or other. It includes periodic payments from a pension or retirement. It can also be compensation paid or payable to a producer for the sale of agricultural products. This can be things like milk or milk products, or fruit or other horticultural products. Or things produced in the operation of a family farm, a family farm corporation, or an authorized farm corporation. This is defined in Minnesota Statutes, section 500.24, subdivision 2. new text end

new text begin "Disposable Earnings": the part of a person's earnings that are left after subtracting the amounts required by law to be withheld. Note: Amounts required by law to be withheld do not include things like health insurance, charitable contributions, or other voluntary wage deductions. new text end

new text begin "Payday": the date when the employer pays earnings to the debtor for doing their job. If the debtor has no regular payday, then "payday" means the 15th and the last day of each month. new text end

THE THIRD PARTY/EMPLOYER MUST ANSWER THE FOLLOWING QUESTIONS:

1. deleted text begin Do you now owe, or within 90 days from the date the execution levy was served on you, will you or may you owe money to the judgment debtor for earnings?deleted text end new text begin Right now, do you owe money to the debtor for earnings? new text end

Yes ..... No .....

2. deleted text begin Does the judgment debtor earn more than $... per week? (This amount is the greater of $9.50 per hour of the federal minimum wage per week.)deleted text end new text begin Within 90 days from the date you were served with the levy, will you or may you owe money to the debtor for earnings?new text end

Yes ..... No .....

new text begin 3. Does the debtor earn more than the current Minnesota or federal minimum wage per week? (use the number that is more) new text end

new text begin Yes ..... new text end new text begin No ..... new text end

deleted text begin INSTRUCTIONS FOR COMPLETING THE deleted text end

deleted text begin EARNINGS DISCLOSURE deleted text end

A. deleted text begin 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 judgment creditor's attorney within 20 days after it was served on you, and you do not need to answer the remaining questions. deleted text end new text begin If you answer "No" to question 1, 2, or 3, you don't need to answer the rest of the questions. You don't have to do the Earnings Disclosure Worksheet. Sign the Earnings Disclosure Affirmation below and return this disclosure form to the sheriff. You must return it within 20 days after it was served on you. new text end

B. deleted text begin If your answers to both questions 1 and 2 are "Yes," you must complete this form and the Earnings Disclosure Worksheet as follows:deleted text end new text begin If you answer "Yes" to question 1 or 2, and "Yes" to question 3, sign the Earnings Disclosure Affirmation below. You must return it to the sheriff within 20 days. You must also fill out the rest of this form. Read the instructions for the Earnings Disclosure Worksheet.new text end

deleted text begin For each payday that falls within 90 days from the date the execution levy was served on you, YOU MUST calculate the amount of earnings to be retained by completing steps 3 through 11 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. deleted text end

deleted text begin Each payday, you must retain the amount of earnings listed in column I on the Earnings Disclosure Worksheet. deleted text end

deleted text begin 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 to the judgment debtor within ten days after the last payday that falls within the 90-day period. deleted text end

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

deleted text begin For steps 3 through 11, "columns" refers to columns on the Earnings Disclosure Worksheet. deleted text end

deleted text begin 3. deleted text end deleted text begin COLUMN A. deleted text end deleted text begin Enter the date of judgment debtor's payday. deleted text end
deleted text begin 4. deleted text end deleted text begin COLUMN B. deleted text end deleted text begin Enter judgment debtor's gross earnings for each payday. deleted text end
deleted text begin 5. deleted text end deleted text begin COLUMN C. deleted text end deleted text begin Enter judgment debtor's disposable earnings for each payday. deleted text end
deleted text begin 6. deleted text end deleted text begin COLUMN D. deleted text end deleted text begin Enter 25 percent of disposable earnings. (Multiply Column C by .25.) deleted text end
deleted text begin 7. deleted text end deleted text begin COLUMN E. deleted text end deleted text begin Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($.......) times the number of work weeks included in each payday. (Note: If a pay period includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end
deleted text begin 8. deleted text end deleted text begin COLUMN F. deleted text end deleted text begin Subtract the amount in Column E from the amount in Column C, and enter here. deleted text end
deleted text begin 9. deleted text end deleted text begin COLUMN G. deleted text end deleted text begin Enter here the lesser of the amount in Column D and the amount in Column F. deleted text end
deleted text begin 10. deleted text end deleted text begin COLUMN H. deleted text end deleted text begin 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 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.) deleted text end
deleted text begin 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. deleted text end
deleted text begin Enter zero in Column H if there are no claims by you or others which would reduce the amount of earnings owing to the judgment debtor. deleted text end
deleted text begin 11. deleted text end deleted text begin COLUMN I. deleted text end deleted text begin 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. The total of all amounts entered in Column I is the amount to be remitted to the attorney for the judgment creditor. deleted text end

new text begin Earnings Disclosure new text end Affirmation

I, ................... (person signing Affirmation), am the third party/employer or I am authorized by the third party/employer to complete this earnings disclosuredeleted text begin ,deleted text end and have done so truthfully and to the best of my knowledge.

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin . deleted text end
deleted text begin Telephone Number deleted text end

deleted text begin EARNINGS DISCLOSURE WORKSHEET deleted text end

deleted text begin ................... deleted text end

deleted text begin Judgment Debtor's Name deleted text end

new text begin Date: . new text end
new text begin Third Party's Name: . new text end
new text begin Third Party's Signature: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

new text begin Instructions for Completing the Earnings Disclosure Worksheet new text end

new text begin For each payday that falls within 90 days from the date the levy was served on you, you must calculate the amount of earnings to be withheld. Enter the amounts on the Earnings Disclosure Worksheet. new text end

new text begin You must: new text end

new text begin 1. Withhold the amount of earnings listed in column I on the Earnings Disclosure Worksheet each payday. new text end

new text begin 2. After 90 days, return this Earnings Disclosure Worksheet to the sheriff. Include all the money withheld. Sign the Affirmation at the end of the worksheet before returning. new text end

new text begin 3. Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the last payday that falls within the 90-day period. new text end

new text begin If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period is over, you need to do the last disclosure and withholdings within 10 days of their last payday that you withheld money. new text end

new text begin Calculating Percentage of Disposable Earnings new text end

new text begin Note to Creditor: You must fill out this chart before sending this form to the employer. Use the current minimum wage found online at: https://www.dli.mn.gov/minwage. new text end

new text begin Minimum Wage = $MW/hour. new text end

new text begin if the weekly gross earnings are: new text end new text begin then this percentage of the disposable earnings are withheld: new text end
new text begin Less than [40 X MW] new text end new text begin 0% new text end
new text begin [40 X MW + .01] to [60 X MW] new text end new text begin 10% new text end
new text begin [60 X MW + .01] to [80 X MW] new text end new text begin 15% new text end
new text begin [80 X MW + .01] or more new text end new text begin 25% new text end

new text begin Employer: Use this creditor's calculation chart to know what percentage of earnings should be withheld. new text end

new text begin Earnings Disclosure Worksheet new text end

new text begin . new text end
new text begin Debtor's Name new text end
A B C
Payday Date Gross Earnings Disposable Earnings
1. . deleted text begin $ deleted text end . deleted text begin $ deleted text end .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin Column A. Enter the debtor's payday. new text end

new text begin Column B. Enter the debtor's gross earnings for each payday. new text end

new text begin Column C. Enter the debtor's disposable earnings for each payday. new text end

D E F
deleted text begin 25deleted text end % of new text begin withholding of new text end Column C
new text begin (Use the creditor's calculation chart)new text end
Greater of 40 X deleted text begin $9.50 or 40 Xdeleted text end new text begin MN ornew text end Fed. Min. Wage Column C minus Column E
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin Column D. Enter the percentage of disposable earnings that will be withheld. Get this number from the creditor's calculation chart. new text end

new text begin Column E. Calculate 40 times the current Minnesota minimum wage (or 40 times the current federal minimum wage) times the number of work weeks in each payday. Enter the bigger number here. Note: If a payday has extra days that are more than a full work week, count those extra days as part of a work week. Do this by dividing the number of extra workdays by the number of workdays in a normal week. new text end

new text begin Column F. Subtract the amount in Column E from the amount in Column C and enter here. new text end

G H I
Lesser of Column D and Column F Setoff, Lien, Adverse Interest, or Other Claims Column G minus Column H
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8deleted text end . deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end . deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end .
TOTAL OF COLUMN I deleted text begin $ deleted text end .

new text begin Column G. Look at column D and column F. Enter the smaller amount of the two here in column G. new text end

new text begin Column H. Enter any amount claimed by you that would lower the amount of earnings that will go to the debtor. Things like: new text end

new text begin (i) a setoff, new text end

new text begin (ii) a defense, new text end

new text begin (iii) a lien, new text end

new text begin (iv) a claim, or new text end

new text begin (v) any amount claimed by any other person as an exemption or adverse interest. new text end

new text begin Note: You must describe your claim(s) and the claims of others, if known, in the spaces after this worksheet. new text end

new text begin Enter zero in column H if there are no claims by you or others which would lower the amount of earnings owed to the debtor. new text end

new text begin Note: Any debt that happened within 10 days before you got the first levy on a debt may not be set off against the earnings that are affected by this levy. Any wage assignment made by the debtor within 10 days before you got the first levy on a debt is void. Wage assignment is when a debtor voluntarily agrees to money being taken out of their earnings. new text end

new text begin Column I. Subtract the amount in column H from the amount in column G and enter here. This is the amount of earnings that go to the creditor. new text end

deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin 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.deleted text end new text begin payday, describe those claims below. It doesn't matter if they are your claims, or the claims of others. For claims by others, list the names and addresses of each, and describe their claims, if you know.new text end

.

.

.

.

new text begin Earnings Worksheet new text end Affirmation

I, ................. (person signing Affirmation), am the third partynew text begin /employernew text end or I am authorized by the third partynew text begin /employernew text end to complete this earnings disclosure deleted text begin worksheet,deleted text end and have done so truthfully and to the best of my knowledge.

deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin Dated: . deleted text end deleted text begin . deleted text end deleted text begin (...) . deleted text end
deleted text begin Signature deleted text end deleted text begin Phone Number deleted text end
new text begin Date: . new text end
new text begin Third Party's Name: . new text end
new text begin Third Party's Signature: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Sec. 12.

Minnesota Statutes 2024, section 571.72, subdivision 8, is amended to read:

Subd. 8.

Exemption notice.

In every garnishment where the debtor is a natural person, the debtor shall be provided with a garnishment exemption notice. If the creditor is garnishing earnings, the earnings exemption notice provided in section 571.924 must be served ten or more days before the service of the first garnishment summons. If the creditor is garnishing funds in a financial institution, the exemption notice provided in section 571.912 must be served with the garnishment summons. In all other cases, the exemption notice must be in the following form and served on the debtor with a copy of the garnishment summons.

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin against deleted text end
deleted text begin . (Debtor) deleted text end deleted text begin EXEMPTION NOTICE deleted text end
deleted text begin and deleted text end
deleted text begin . (Garnishee) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Exemption Notice new text end
new text begin against new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

A Garnishment Summons is being served deleted text begin upondeleted text end new text begin onnew text end you. new text begin This means a creditor with a court judgment against you wants to take some of your money or property to pay the judgment. new text end Some of your property may be exempt and deleted text begin cannotdeleted text end new text begin can'tnew text end be deleted text begin garnisheddeleted text end new text begin taken. 'Exempt' means protectednew text end . The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not new text begin a new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section 550.37 of the Minnesota Statutes deleted text begin and other state and federal laws. The dollar amounts contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the time of garnishmentdeleted text end . If you have questions about an exemption, deleted text begin you should obtaindeleted text end new text begin contact a lawyer fornew text end legal advice.

new text begin These things you or your family might have are protected: new text end

(1) deleted text begin a homestead or the proceeds from the sale of a homesteaddeleted text end new text begin equity in your home, or money from recently selling your home - up to $510,000 totalnew text end ;

(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;new text end

new text begin (ii) new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers, tablets,new text end televisions deleted text begin up to a total current value of $5,850;deleted text end new text begin , printers, cell phones, smart phones, and other consumer electronics up to $12,150 in all; andnew text end

new text begin (iii) jewelry - total value can't be more than $3,308; new text end

(3) a manufactured (mobile) home deleted text begin used as your homedeleted text end new text begin you live innew text end ;

(4) one motor vehicle deleted text begin currently worth less than $2,600 after deducting any security interest;deleted text end new text begin , counting only the amount you have paid off:new text end

new text begin (i) $10,000; new text end

new text begin (ii) $12,500 if it is necessary for your business, trade, or profession; new text end

new text begin (iii) $25,000 if used by or to help someone with a disability that makes it hard to walk; or new text end

new text begin (iv) $100,000 if designed or modified for someone with a disability that makes it hard to walk; new text end

(5) farm machinery deleted text begin used by an individual principally engaged in farming, ordeleted text end new text begin if your main business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade. This exemption is limited todeleted text end new text begin - the total value can't be more thannew text end $13,000;

(6) relief based on need. This includes:

(i) new text begin MFIP - new text end Minnesota Family Investment Program deleted text begin (MFIP) and Work First Programdeleted text end ;

new text begin (ii) DWP - MFIP Diversionary Work Program; new text end

deleted text begin (ii) Medical Assistance (MA); deleted text end

new text begin (iii) SNAP - Supplemental Nutrition Assistance Program; new text end

deleted text begin (iii)deleted text end new text begin (iv) GA -new text end General Assistance deleted text begin (GA)deleted text end ;

deleted text begin (iv)deleted text end new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA)deleted text end ;

deleted text begin (v)deleted text end new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA)deleted text end ;

deleted text begin (vi) MSA-Emergencydeleted text end new text begin (vii) MSA-EA - MSA Emergencynew text end Assistance deleted text begin (MSA-EA)deleted text end ;

deleted text begin (vii) Supplemental Security Income (SSI); deleted text end

deleted text begin (viii) Energy Assistance; and deleted text end

deleted text begin (ix)deleted text end new text begin (viii) EA -new text end Emergency Assistance deleted text begin (EA)deleted text end ;

new text begin (ix) Energy or Fuel Assistance; new text end

new text begin (x) Work Participation Cash Benefit; new text end

new text begin (xi) MA - Medical Assistance; new text end

new text begin (xii) MinnesotaCare; new text end

new text begin (xiii) Medicare Part B - Premium Payments help; new text end

new text begin (xiv) Medicare Part D - Extra; new text end

new text begin (xv) SSI - Supplemental Security Income; new text end

new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit; and new text end

new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit); new text end

new text begin (7) wages. 100% is protected if you get government assistance based on need. Otherwise, between 75-100% is protected depending on how much you earn; new text end

new text begin (8) retirement benefits - the total interest under all plans and contracts can't be more than $81,000; new text end

deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefits;

deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or deleted text begin veteran'sdeleted text end new text begin veterans'new text end benefits;

deleted text begin (9) an accident, disability, or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension or annuity;

deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsnew text begin that are not more than $54,000new text end ;

deleted text begin (11)deleted text end new text begin (13)new text end earnings of your minor child; deleted text begin anddeleted text end

deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin - likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or a deleted text begin car).deleted text end new text begin car;new text end

new text begin (15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious items. Total value can't be more than $2,000; new text end

new text begin (16) personal library - total value can't be more than $750; new text end

new text begin (17) musical instruments - total value can't be more than $2,000; new text end

new text begin (18) family pets - current value can't be more than $1,000; new text end

new text begin (19) a seat or pew in any house or place of public worship and a lot in any burial ground; new text end

new text begin (20) tools you need to work in your business or profession - the total value can't be more than $13,500; new text end

new text begin (21) household tools and equipment - things like hand and power tools, snow removal equipment, lawnmowers, and more. Total value can't be more than $3,000; and new text end

new text begin (22) health savings accounts, medical savings accounts - the total value can't be more than $25,000. new text end

Sec. 13.

Minnesota Statutes 2024, section 571.72, subdivision 10, is amended to read:

Subd. 10.

Exemption notice for prejudgment garnishment.

Exemption Notice

Important Notice: A garnishment summons may be served on your employer, bank, or other third partiesnew text begin . This can happennew text end without any further court proceeding or notice to you. See the attached Notice of Intent to Garnish for more information.

deleted text begin The following money and wagesdeleted text end new text begin Some of your money in your accountnew text end may be protected (the legal word is exempt) from garnishmentdeleted text begin :deleted text end new text begin .new text end

deleted text begin 1. Financial institutions/bank deleted text end

deleted text begin Some of the money in your account may be protected because you receive government benefits from one or more of the following places: deleted text end

new text begin Earnings (Wages) new text end

new text begin ALL or SOME of my wages may be protected. new text end

new text begin ... Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end

new text begin For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end

new text begin (i) 75 percent of your wages or more (after taxes are taken out), or new text end

new text begin (ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end

new text begin All of my wages are protected because: new text end

new text begin ... I get government benefits (a list of government benefits is on the next page) new text end

new text begin ... I am getting other assistance based on need new text end

new text begin ... I have gotten government benefits in the last 6 months new text end

new text begin ... I was in jail or prison in the last 6 months new text end

new text begin If you check one of these four boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end

new text begin Government Benefits new text end

new text begin Government benefits can include many things. For example: new text end

new text begin ... new text end MFIP - Minnesota Family Investment Programdeleted text begin ,deleted text end

new text begin ... DWP - new text end MFIP Diversionary Work Programdeleted text begin ,deleted text end

deleted text begin Work participation cash benefit, deleted text end

new text begin ... SNAP - Supplemental Nutrition Assistance Program new text end

new text begin ... new text end GA - General Assistancedeleted text begin ,deleted text end

new text begin ... EGA - Emergency General Assistance new text end

new text begin ... MSA - Minnesota Supplemental Aid new text end

new text begin ... MSA-EA - MSA Emergency Assistance new text end

new text begin ... new text end EA - Emergency Assistancedeleted text begin ,deleted text end

new text begin ... Energy or Fuel Assistance new text end

new text begin ... Work Participation Cash Benefit new text end

new text begin ... new text end MA - Medical Assistancedeleted text begin ,deleted text end

deleted text begin EGA - emergency general assistance or county crisis funds, deleted text end

deleted text begin MSA - Minnesota supplemental aid, deleted text end

deleted text begin MSA-EA - MSA emergency assistance, deleted text end

deleted text begin Supplemental Nutrition Assistance Program (SNAP), deleted text end

deleted text begin SSI - Supplemental Security Income, deleted text end

new text begin ... new text end MinnesotaCaredeleted text begin ,deleted text end

new text begin ... new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin helpnew text end

new text begin ... new text end Medicare Part D new text begin - new text end Extra deleted text begin help,deleted text end

new text begin ... SSI - Supplemental Security Income new text end

deleted text begin Energy or fuel assistance, deleted text end

new text begin ... Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end

new text begin ... Renter's Refund (also called Renter's Property Tax Credit) new text end

new text begin List the case number and county for every box you checked: new text end

new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end

new text begin Government benefits also include: new text end

new text begin ... new text end Social Security benefitsdeleted text begin ,deleted text end

new text begin ... new text end Unemployment benefitsdeleted text begin ,deleted text end

new text begin ... new text end Workers' compensationdeleted text begin ,deleted text end

deleted text begin Veterans deleted text end new text begin ... new text end new text begin Veterans'new text end benefitsdeleted text begin .deleted text end

deleted text begin Sending the creditor's attorney (or creditor, if no attorney) a copy of BANK STATEMENTS that show what was in your account for the past 60 days may give the creditor enough information about your exemption claim to avoid a garnishment. deleted text end

deleted text begin 2. Earnings deleted text end

deleted text begin All or some of your earnings may be completely protected from garnishment if: deleted text end

deleted text begin All of your earnings (wages) may be protected if: deleted text end

deleted text begin You get government benefits (see list of government benefits) deleted text end

deleted text begin You currently receive other assistance based on need deleted text end

deleted text begin You have received government benefits in the last six months deleted text end

deleted text begin You were in jail or prison in the last six months deleted text end

deleted text begin Your wages are only protected for 60 days after they are deposited in your account so it would be helpful if you immediately send the undersigned creditor a copy of BANK STATEMENTS that show what was in your account for the past 60 days. deleted text end

deleted text begin Some of your earnings (wages) may be protected if: deleted text end

deleted text begin If all of your earnings are not exempt, some of your earnings may still be protected for 20 days after they were deposited in your account. The amount protected is the larger amount of: deleted text end

deleted text begin 75 percent of your wages (after taxes are taken out); or deleted text end

deleted text begin (insert the sum of the current federal minimum wage) multiplied by 40. deleted text end

new text begin If you get any of these government benefits, include copies of any documents that show you get them. new text end

new text begin ... I get other assistance based on need that is not on the list. It comes from: . new text end

new text begin . new text end

new text begin Make sure you include copies of any documents that show this. new text end

new text begin Other Protected Funds new text end

The money from deleted text begin the followingdeleted text end new text begin these thingsnew text end are also deleted text begin exempt for 20 daysdeleted text end new text begin completely protectednew text end after they are deposited in deleted text begin yourdeleted text end new text begin mynew text end account.

new text begin ... Child Support new text end

deleted text begin An accident, disability, or retirementdeleted text end new text begin ... A retirement, disability, or accidentnew text end pension or annuity

deleted text begin Payments to deleted text begin youdeleted text end from a life insurance policy deleted text end

new text begin ... new text end Earnings of deleted text begin yourdeleted text end new text begin mynew text end child who is under 18 years of age

new text begin ... Payments to me from a life insurance policy new text end

deleted text begin Child support deleted text end

new text begin ... new text end Money paid to deleted text begin youdeleted text end new text begin menew text end from a claim for damage or destruction of property. Property includes household goods, farm tools or machinery, tools for deleted text begin yourdeleted text end new text begin mynew text end job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliancesdeleted text begin .deleted text end

new text begin ... new text end Death benefits paid to deleted text begin you.deleted text end new text begin menew text end

You deleted text begin WILL BE ABLE TOdeleted text end new text begin cannew text end claim these exemptions when you deleted text begin RECEIVEdeleted text end new text begin getnew text end a notice. You will get the notice at least deleted text begin tendeleted text end new text begin 10new text end days BEFORE a wage garnishment. BUT if the creditor garnishes your bank account, you deleted text begin will notdeleted text end new text begin won'tnew text end get the notice until AFTER the account has been frozen. If you believe the money in your bank account or your wages are exempt, deleted text begin YOU SHOULD IMMEDIATELYdeleted text end contact the person belownew text begin right awaynew text end . deleted text begin YOU SHOULDdeleted text end Tell them why you think your account or wages are exempt to see if you can avoid garnishment.

deleted text begin Creditor . deleted text end
deleted text begin Creditor Address . deleted text end
deleted text begin Creditor telephone number . deleted text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Sec. 14.

Minnesota Statutes 2024, section 571.74, is amended to read:

571.74 GARNISHMENT SUMMONS AND NOTICE TO DEBTOR.

The garnishment summons and notice to debtor must be substantially in the following form. The notice to debtor must be in no smaller than 14-point type.

deleted text begin GARNISHMENT SUMMONS deleted text end
deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end deleted text begin UNPAID BALANCE . deleted text end
deleted text begin . (Debtor's Address) deleted text end deleted text begin Date of Entry deleted text end
deleted text begin . (Garnishee) deleted text end deleted text begin of Judgment (or) Subject to Minnesota Statutes, section 571.71, clause (2) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Garnishment Summons new text end
new text begin and new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end
new text begin Unpaid Balance: . new text end

deleted text begin GARNISHMENT SUMMONS deleted text end

deleted text begin The State of Minnesota deleted text end

To the deleted text begin Garnisheedeleted text end new text begin Third Party (garnishee)new text end named above:

deleted text begin You are hereby summoned and required to serve upon the creditor's attorney (or the creditor if not represented by an attorney) and on the debtor within 20 days after service of this garnishment summons upon you, a written disclosure, of the nonexempt indebtedness, money, or other property due or belonging to the debtor and owing by you or in your possession or under your control and answers to all written interrogatories that are served with the garnishment summons. However, if the garnishment is on earnings and the debtor has garnishable earnings, you shall serve the completed disclosure form on the creditor's attorney, or the creditor if not represented by an attorney, within ten days of the last payday to occur within the 90 days after the date of the service of this garnishment summons. "Payday" means the day which you pay earnings in the ordinary course of business. If the debtor has no regular paydays, "payday" means the 15th day and the last day of each month. deleted text end

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

deleted text begin You shall retain garnishable earnings, other indebtedness, money, or other property in your possession in an amount not to exceed 110 percent of the creditor's claim until such time as the creditor causes a writ of execution to be served upon you, until the debtor authorizes you in writing to release the property to the creditor, or until the expiration of ...... days from the date of service of this garnishment summons upon you, at which time you shall return the disposable earnings, other indebtedness, money, or other property to the debtor. deleted text end

new text begin A court has ordered that you must serve a written statement to the creditor (or to the creditor's lawyer). You must do this within 20 days after you get this notice. Your written statement should include any money, or other property of the debtor that you have or owe to them. It should also include answers to any questions that are in this summons. new text end

new text begin But, if the garnishment is on earnings and the debtor has earnings that can be garnished, fill out the completed disclosure form. Then serve it on the creditor (or the creditor's lawyer). It must be served within 10 days of the last payday within the 90 days after the date you got this summons. If the debtor has no regular paydays, "payday" means the 15th day and the last day of each month. new text end

new text begin You don't have to disclose more than 110% of the unpaid amount that is owed to the creditor. Keep earnings that can be garnished, other indebtedness, money, or other property in your possession in an amount not to exceed 110 percent of the creditor's claim. Keep this until: new text end

new text begin (i) the creditor has a writ of execution served on you; new text end

new text begin (ii) the debtor gives you permission in writing to release the property to the creditor; or new text end

new text begin (iii) it's been ... days from the day you got this garnishment summons. new text end

new text begin Then you give the debtor back the disposable earnings, other indebtedness, money, or other property. new text end

Earnings

deleted text begin In the eventdeleted text end new text begin Ifnew text end you are summoned as a garnishee because you owe "earnings" deleted text begin (as defined on the Earnings Garnishment Disclosure form attached to this Garnishment Summons, if applicable)deleted text end to the debtor, then you deleted text begin are required todeleted text end new text begin mustnew text end serve deleted text begin upon the creditor's attorney, or the creditor if not represented by an attorney, a writtendeleted text end new text begin annew text end Earnings Disclosure Form deleted text begin withindeleted text end new text begin on the creditor (or the creditor's lawyer). The Earnings Disclosure Form must be in writing and must be served innew text end the time limit set deleted text begin forthdeleted text end above.new text begin "Earnings" are defined on the Earnings Garnishment Disclosure Form attached to this Garnishment Summons.new text end

In the case of earningsnew text begin ,new text end you deleted text begin are further required to retain in your possessiondeleted text end new text begin must keepnew text end all unpaidnew text begin ,new text end nonexempt disposable earnings deleted text begin owed or to be owed by you and earned or to be earneddeleted text end new text begin that you owe or will owenew text end to the debtor deleted text begin withindeleted text end new text begin duringnew text end the pay period deleted text begin in whichdeleted text end new text begin whennew text end this garnishment deleted text begin summonsdeleted text end new text begin noticenew text end is deleted text begin served and within all subsequent pay periods whose paydays (defined above) occur within the 90 days after the date of service of this garnishment summonsdeleted text end new text begin delivered and for all pay periods within 90 days after this notice is servednew text end .

deleted text begin 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. deleted text end

new text begin Any transfer of earnings made by the debtor to someone else within 10 days before the first garnishment notice is invalid. Any debt the debtor owes you from within those 10 days can't be used to lower the amount that can be garnished. new text end

deleted text begin You are prohibiteddeleted text end By law deleted text begin from discharging or discipliningdeleted text end new text begin you can't fire or disciplinenew text end the debtor because deleted text begin the debtor'sdeleted text end new text begin theirnew text end earnings have been subject to garnishment.

This Garnishment Summons includes:

(check deleted text begin applicable boxdeleted text end new text begin the boxes that applynew text end )

. Earnings garnishment (see attached Earnings Disclosure Form)
. Nonearnings garnishment (see attached Nonearnings Disclosure Form)
. Both Earnings and Nonearnings garnishment (see both attached Earnings and Nonearnings Disclosure Form)

Notice to Debtor

new text begin You are being served copies of new text end a Garnishment Summons, Earnings Garnishment Disclosure Form, Nonwage Garnishment Disclosure Form, Garnishment Exemption Notices and/or written Interrogatories (strike out if not applicable)deleted text begin ,deleted text end new text begin .new text end Copies of deleted text begin which are hereby served on you, were served upon the Garnishee by delivering copiesdeleted text end new text begin these same documents were also deliverednew text end to the Garnishee. The Garnishee was paid $15.

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin Attorney for Creditor (or creditor) deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Telephone deleted text end
deleted text begin . deleted text end
deleted text begin Attorney I.D. No deleted text end
new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Sec. 15.

Minnesota Statutes 2024, 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

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end deleted text begin GARNISHMENT deleted text end
deleted text begin . (Garnishee) deleted text end deleted text begin EARNINGS DISCLOSURE deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Garnishment Earnings Disclosure new text end
new text begin and new text end new text begin For Non-Child Support Judgments new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin This form is called a "Garnishment Earnings Disclosure" or "Disclosure." It is for the employer to fill out. The "debtor" is the person who owes money. The debtor gets a copy of this form for their own information. The debtor is also called a "judgment debtor." new text end

new text begin The "creditor" is the party owed the money. The creditor is also called a "judgment creditor." new text end

new text begin The "employer" is the "third party" or "garnishee." If the debtor asks how the calculations in this document were made, the employer must provide information about it. new text end

Definitions

"Earnings": deleted text begin For the purpose of garnishment, "earnings" means compensationdeleted text end new text begin what isnew text end paid or payable to an employeenew text begin , independent contractor or self-employed personnew text end for personal services deleted text begin ordeleted text end new text begin (a job). Also callednew text end compensationnew text begin . Compensation can be wages, salary, commission, bonus, payments, profit-sharing distributions, severance payment, fees or other. It includes periodic payments from a pension or retirement. It can also be compensationnew text end paid or payable to deleted text begin thedeleted text end new text begin anew text end producer for the sale of agricultural productsdeleted text begin ;deleted text end new text begin . This can be things likenew text end milk or milk productsdeleted text begin ;deleted text end new text begin ,new text end or fruit or other horticultural productsnew text begin . Or thingsnew text end produced deleted text begin when the producer is operatingdeleted text end new text begin in the operation ofnew text end a family farm, a family farm corporation, or an authorized farm corporationdeleted text begin , asdeleted text end new text begin . This isnew text end defined in section 500.24, subdivision 2deleted text begin , whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirementdeleted text end .

"Disposable Earnings": deleted text begin Means thatdeleted text end new text begin thenew text end part of deleted text begin thedeleted text end new text begin a person'snew text end earnings deleted text begin of an individual remaining after the deduction from those earnings ofdeleted text end new text begin that are left after subtracting thenew text end amounts required by law to be withheld. deleted text begin (Amountsdeleted text end new text begin Note: Amountsnew text end required by law to be withheld do not include deleted text begin items such asdeleted text end new text begin things likenew text end health insurance, charitable contributions, or other voluntary wage deductions.deleted text begin )deleted text end

"Payday": deleted text begin For the purpose of garnishment, "payday(s)" means the date(s) upon whichdeleted text end new text begin the date whennew text end the employer pays earnings to the debtor deleted text begin in the ordinary course of businessdeleted text end new text begin for doing their jobnew text end . If the debtor has no regular payday, deleted text begin payday(s)deleted text end new text begin then "payday"new text end means the deleted text begin fifteenthdeleted text end new text begin 15thnew text end and the last day of each month.

The new text begin Employer/new text end Garnishee Must Answer The Following Questions:

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

deleted text begin Yes ..... deleted text end deleted text begin No ..... deleted text end
new text begin Yes ..... new text end new text begin No ..... new text end

new text begin 2. Within 90 days from the date you were served with the garnishment, will you or may you owe money to the debtor for earnings? new text end

new text begin Yes ..... new text end new text begin No ..... new text end

deleted text begin 2deleted text end new text begin 3new text end . Does the debtor earn more than deleted text begin $........ per week? (This amount is the greater of $9.50 per hour ordeleted text end thenew text begin current Minnesota ornew text end federal minimum wage per weekdeleted text begin .)deleted text end new text begin ? (use the number that is more)new text end

deleted text begin Yes ..... deleted text end deleted text begin No ..... deleted text end
new text begin Yes ..... new text end new text begin No ..... new text end

deleted text begin INSTRUCTIONS FOR COMPLETING THE deleted text end

deleted text begin EARNINGS DISCLOSURE deleted text end

deleted text begin 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. deleted text end

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

new text begin A. If you answer "No" to question 1, 2, or 3, you don't need to answer the rest of the questions. You don't have to do the Earnings Disclosure Worksheet. Sign the Earnings Disclosure Affirmation below and return this disclosure form to the creditor's attorney (or the creditor if not represented by an attorney). You must return it within 20 days after it was served on you. new text end

new text begin B. If you answer "Yes" to question 1 or 2, and "Yes" to question 3, sign the Earnings Disclosure Affirmation below. You must return it to the creditor's attorney (or the creditor if not represented by an attorney) within 20 days. You must also fill out the rest of this form. Read the instructions for the Earnings Disclosure Worksheet. new text end

new text begin Earnings Disclosure Affirmation new text end

new text begin 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. new text end

new text begin Date: . new text end
new text begin Signature of Third Party/Employer: new text end
new text begin . new text end
new text begin Title: . new text end
new text begin Phone: . new text end

new text begin Instructions for Completing the Earnings Disclosure Worksheet new text end

For each payday that falls within 90 days from the date the garnishment deleted text begin summonsdeleted text end was served on you, you must calculate the amount of earnings to be deleted text begin 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.deleted text end new text begin withheld. Enter the amounts on the Earnings Disclosure Worksheet.new text end

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

deleted text begin 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 90-day period. deleted text end

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

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

deleted text begin 3. deleted text end deleted text begin COLUMN A. deleted text end deleted text begin Enter the date of debtor's payday. deleted text end
deleted text begin 4. deleted text end deleted text begin COLUMN B. deleted text end deleted text begin Enter debtor's gross earnings for each payday. deleted text end
deleted text begin 5. deleted text end deleted text begin COLUMN C. deleted text end deleted text begin Enter debtor's disposable earnings for each payday. deleted text end
deleted text begin 6. deleted text end deleted text begin COLUMN D. deleted text end deleted text begin Enter 25 percent of disposable earnings. (Multiply Column C by .25.) deleted text end
deleted text begin 7. deleted text end deleted text begin COLUMN E. deleted text end deleted text begin Enter here the greater of 40 times $9.50 or 40 times the hourly federal minimum wage ($..........) times the number of work weeks included in each payday. (Note: If a pay period includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of workdays in excess of a whole work week divided by the number of workdays in a normal work week.) deleted text end
deleted text begin 8. deleted text end deleted text begin COLUMN F. deleted text end deleted text begin Subtract the amount in Column E from the amount in Column C, and enter here. deleted text end
deleted text begin 9. deleted text end deleted text begin COLUMN G. deleted text end deleted text begin Enter here the lesser of the amount in Column D and the amount in Column F. deleted text end
deleted text begin 10. deleted text end deleted text begin COLUMN H. deleted text end deleted text begin 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.) deleted text end
deleted text begin 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. deleted text end
deleted text begin 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. deleted text end
deleted text begin 11. deleted text end deleted text begin COLUMN I. deleted text end deleted text begin 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. deleted text end

deleted text begin AFFIRMATION deleted text end

deleted text begin 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. deleted text end

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin . deleted text end
deleted text begin Telephone Number deleted text end

deleted text begin EARNINGS DISCLOSURE WORKSHEET deleted text end

deleted text begin ............................. deleted text end

deleted text begin Debtor's Name deleted text end

new text begin You must: new text end

new text begin 1. Withhold the amount of earnings listed in column I on the Earnings Disclosure Worksheet each payday. new text end

new text begin 2. After 90 days, return this Earnings Disclosure Worksheet to the creditor's attorney (or the creditor if not represented by an attorney). Include all the money withheld. Sign the Affirmation at the end of the worksheet before returning. new text end

new text begin 3. Deliver a copy of the disclosure and worksheet to the debtor within 10 days after the last payday that falls within the 90-day period. new text end

new text begin If the debt (judgment) is fully paid off or if the debtor's job ends before the 90-day period is over, you need to do the last disclosure and withholdings within 10 days of their last payday that you withheld money. new text end

new text begin Calculating Percentage of Disposable Earnings new text end

new text begin new text begin Note to Creditor:new text end You must fill out this chart before sending this form to the employer. Use the current minimum wage found online at: https://www.dli.mn.gov/minwage. new text end

new text begin Minimum Wage = $MW/hour. new text end

new text begin if the weekly gross earnings are: new text end new text begin then this percentage of the disposable earnings are withheld: new text end
new text begin Less than [40 X MW] new text end new text begin 0% new text end
new text begin [40 X MW + .01] to [60 X MW] new text end new text begin 10% new text end
new text begin [60 X MW + .01] to [80 X MW] new text end new text begin 15% new text end
new text begin [80 X MW + .01] or more new text end new text begin 25% new text end

new text begin new text begin Employer:new text end Use this creditor's calculation chart to know what percentage of earnings should be withheld. new text end

new text begin Earnings Disclosure Worksheet new text end

new text begin . new text end
new text begin Debtor's Name new text end
A B C
Payday Date Gross Earnings Disposable Earnings
1. . $ . $ .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin new text begin Column A.new text end Enter the debtor's payday. new text end

new text begin new text begin Column B.new text end Enter the debtor's gross earnings for each payday. new text end

new text begin new text begin Column C.new text end Enter the debtor's disposable earnings for each payday. new text end

D E F
deleted text begin 25deleted text end % of new text begin withholding of new text end Column C
new text begin (Use the creditor's calculation chart)new text end
Greater of 40 X deleted text begin $9.50 or 40 Xdeleted text end new text begin MN ornew text end Fed. Min. Wage Column C minus Column E
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end

new text begin new text begin Column D.new text end Enter the percentage of disposable earnings that will be withheld. Get this number from the creditor's calculation chart. new text end

new text begin new text begin Column E.new text end Calculate 40 times the current Minnesota minimum wage (or 40 times the current federal minimum wage) times the number of work weeks in each payday. Enter the bigger number here. Note: If a payday has extra days that are more than a full work week, count those extra days as part of a work week. Do this by dividing the number of extra workdays by the number of workdays in a normal week. new text end

new text begin new text begin Column F.new text end Subtract the amount in column E from the amount in column C and enter here. new text end

G H I
Lesser of Column D and Column F Setoff, Lien, Adverse Interest, or Other Claims Column G minus Column H
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
deleted text begin 8. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 9. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin 10. deleted text end deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
Total of Column Inew text begin =new text end $ .

new text begin new text begin Column G.new text end Look at column D and column F. Enter the smaller amount of the two here in column G. new text end

new text begin new text begin Column H.new text end Enter any amount claimed by you that would lower the amount of earnings that will go to the debtor. Things like: new text end

new text begin (i) a setoff, new text end

new text begin (ii) a defense, new text end

new text begin (iii) a lien, new text end

new text begin (iv) a claim, or new text end

new text begin (v) any amount claimed by any other person as an exemption or adverse interest. new text end

new text begin new text begin Note:new text end You must describe your claim(s) and the claims of others, if known, in the spaces after this worksheet. new text end

new text begin Enter zero in column H if there are no claims by you or others which would lower the amount of earnings owed to the debtor. new text end

new text begin new text begin Note:new text end Any debt that happened within 10 days before you got the first garnishment on a debt may not be set off against the earnings that are affected by this garnishment. Any wage assignment made by the debtor within 10 days before you got the first garnishment on a debt is void. Wage assignment is when a debtor voluntarily agrees to money being taken out of their earnings. new text end

new text begin new text begin Column I.new text end Subtract the amount in column H from the amount in column G and enter here. This is the amount of earnings that go to the creditor. new text end

deleted text begin *deleted text end If you entered any amount in Column H for any deleted text begin payday(s), you mustdeleted text end new text begin payday,new text end describe new text begin those claims new text end below deleted text begin eitherdeleted text end new text begin . It doesn't matter if they arenew text end your claims, or the claims of others. For deleted text begin amounts claimeddeleted text end new text begin claimsnew text end by others deleted text begin you must both statedeleted text end new text begin , listnew text end the names and addresses of deleted text begin these personsdeleted text end new text begin eachnew text end , and deleted text begin the nature ofdeleted text end new text begin describenew text end their deleted text begin claimdeleted text end new text begin claimsnew text end , if deleted text begin knowndeleted text end new text begin you knownew text end .

.

.

.

deleted text begin AFFIRMATION deleted text end

new text begin Earnings Worksheet Affirmation new text end

I, ........................ (person signing Affirmation), am the third deleted text begin partydeleted text end new text begin party/employernew text end or I am authorized by the third deleted text begin partydeleted text end new text begin party/employernew text end to complete this earnings disclosure deleted text begin worksheet,deleted text end and have done so truthfully and to the best of my knowledge.

deleted text begin Dated: . deleted text end
deleted text begin Signature . deleted text end
deleted text begin Title . deleted text end
deleted text begin Telephone Number (....) . deleted text end
new text begin Date: . new text end
new text begin Third Party's Name: . new text end
new text begin Third Party's Signature: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

EARNINGS DISCLOSURE FORM AND WORKSHEET

FOR CHILD SUPPORT DEBTOR

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

DEFINITIONS

"EARNINGS": For the purpose of execution, "earnings" means compensation paid or payable to an employee for personal services or compensation paid or payable to the producer for the sale of agricultural products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement, workers' compensation, or unemployment benefits.

"DISPOSABLE EARNINGS": Means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. (Amounts required by law to be withheld do not include items such as health insurance, charitable contributions, or other voluntary wage deductions.)

"PAYDAY": For the purpose of execution, "payday(s)" means the date(s) upon which the employer pays earnings to the debtor in the ordinary course of business. If the judgment debtor has no regular payday, payday(s) means the 15th and the last day of each month.

THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTION:

(1) Do you now owe, or within 90 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 90 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 90-day period. If the claim is wholly satisfied or if the debtor's employment ends before the expiration of the 90-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. Enter here any amount claimed by you as a setoff, defense, lien, or claim, or any amount claimed by any other person as an exemption or adverse interest that would reduce the amount of earnings owing to the debtor. (Note: Any assignment of earnings made by the debtor to any party within ten days before the receipt of the first garnishment on a debt is void. Any indebtedness to you incurred by the debtor within the ten days before the receipt of the first garnishment on a debt may not be set off against amounts otherwise subject to the garnishment.)

You must also describe your claim(s) and the claims of others, if known, in the space provided below the worksheet and state the name(s) and address(es) of these persons.

Enter zero in column E if there are no claims by you or others that would reduce the amount of earnings owing to the judgment debtor.

(7) COLUMN F. Subtract the amount in column E from the amount in column D and enter here. This is the amount of earnings that you must remit for the payday for which the calculations were made.

AFFIRMATION

I, ................... (person signing Affirmation), am the garnishee or I am authorized by the garnishee to complete this earnings disclosure, and have done so truthfully and to the best of my knowledge.

Dated: . .
Signature
.
Title
.
Telephone Number
EARNINGS DISCLOSURE WORKSHEET .
Debtor's Name
A B C
Payday Date Gross Earnings Disposable Earnings
1. . $ . $ .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
8. . . .
9. . . .
10. . . .
D E F
Either 50, 55, 60, or 65% of Column C Setoff, Lien, Adverse Interest, or Other Claims Column D minus Column E
1. . . .
2. . . .
3. . . .
4. . . .
5. . . .
6. . . .
7. . . .
8. . . .
9. . . .
10. . . .
TOTAL OF COLUMN F $ .

*If you entered any amount in column E for any payday(s), you must describe below either your claims, or the claims of others. For amounts claimed by others, you must both state the names and addresses of such persons, and the nature of their claim, if known.

.

.

.

AFFIRMATION

I, ................. (person signing Affirmation), am the third party or I am authorized by the third party to complete this earnings disclosure worksheet, and have done so truthfully and to the best of my knowledge.

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

NONEARNINGS DISCLOSURE FORM

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

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

new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Non-Earnings Disclosure new text end
new text begin against new text end new text begin For Non-Child Support Judgments new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin This form is called a "Non-Earnings Disclosure" or "Disclosure." It is being sent to you because you might be holding property that belongs to the debtor, or you might owe money to the debtor. new text end

new text begin You are the "third party" or "garnishee." The "debtor" is the person who owes money. The debtor is also called the "judgment debtor." The "creditor" is the person the debtor owes money to. The creditor is also called the "judgment creditor." The debtor owes $.................. to the creditor. new text end

new text begin You must list any money or property you owe the debtor on the lines below and sign the affirmation. Write "none" on the line if that is your answer. You must then return this disclosure to the creditor (or the creditor's lawyer) within 20 days after you got it. new text end

new text begin Fill in the date you got this disclosure: new text end

new text begin . (month) new text end new text begin . (day), new text end new text begin . (year) new text end

new text begin On the date you got this disclosure, you owed the debtor: new text end

(1) Money. deleted text begin Enter on the line below any amounts due and owing the debtor, except earnings, from the garnisheedeleted text end new text begin Write down the amount of money you owe the debtor (except earnings)new text end .

.

(2) Property. deleted text begin Describe on the line belowdeleted text end new text begin Write a short description ofnew text end any personal property, instruments, or papers belonging to the debtor deleted text begin and in the possession of the garnisheedeleted text end new text begin that you have in your possession. List the monetary value of each thingnew text end .

.

(3) Setoff. deleted text begin Enter on the line below the amount of anydeleted text end new text begin If you claim anew text end setoff, defense, lien, or claim deleted text begin which the garnishee claimsdeleted text end against the amount deleted text begin set forthdeleted text end on lines (1) and (2) abovenew text begin enter that amount on the line belownew text end . State the facts deleted text begin by which the setoff, defense, lien, ordeleted text end new text begin about yournew text end claim deleted text begin is claimeddeleted text end . deleted text begin (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.)deleted text end new text begin Note: Any payment the debtor makes to the garnishee within the 10 days before they get the first garnishment order on that debt can't be used to lower the amount that is being garnished.new text end

.

(4) Exemption. Enter deleted text begin on the line belowdeleted text end any amounts or property deleted text begin claimed by the debtor to be exempt from executiondeleted text end new text begin that the debtor claims is exempt on the line belownew text end .

.

(5) Adverse Interest. Enter on the line below any amounts deleted text begin claimed by other persons by reason of ownership or interest in the debtor's propertydeleted text end new text begin of the debtor's property that other people claim they own or have interest innew text end .

.

(6) Enter deleted text begin ondeleted text end the deleted text begin line below thedeleted text end total of lines (3), (4), and (5)new text begin on the line belownew text end .

.

(7) Enter deleted text begin on the line belowdeleted text end the difference obtained (never less than zero) when line (6) is subtracted from the sum of lines (1) and (2)new text begin on the line belownew text end .

.

(8) deleted text begin Enter on the line belowdeleted text end new text begin Figure outnew text end 110 percent of the amount of the creditor's claim which deleted text begin remainsdeleted text end new text begin is stillnew text end unpaid.new text begin Enter it on the line below.new text end

.

(9) deleted text begin Enter on the line below the lesser of linedeleted text end new text begin Look atnew text end (7) and deleted text begin linedeleted text end (8). deleted text begin Retaindeleted text end new text begin Put the smaller number on the line below. Holdnew text end 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 disclosuredeleted text begin , anddeleted text end new text begin . Inew text end have done so truthfully and to the best of my knowledge.

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin Signature deleted text end
deleted text begin . deleted text end
deleted text begin Title deleted text end
deleted text begin . deleted text end
deleted text begin Telephone Number deleted text end
new text begin Date: . new text end
new text begin Name: . new text end
new text begin Signature: . new text end
new text begin Title: . new text end
new text begin Phone: . new text end new text begin Email: . new text end

Sec. 16.

Minnesota Statutes 2024, section 571.912, is amended to read:

571.912 FORM OF NOTICE, INSTRUCTIONS, AND EXEMPTION NOTICE.

Subdivision 1.

Form of notice.

The notice, instructions, and exemption notice informing a debtor that a garnishment summons has been used to attach funds of the debtor to satisfy a claim must be a separate notice and must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end
deleted text begin . (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

Important Notice

deleted text begin YOUR FUNDS HAVE BEEN GARNISHED deleted text end

new text begin Money in Your Account Has Been Frozen new text end

The Creditor has frozen money in your account at your deleted text begin financial institutiondeleted text end new text begin banknew text end .

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

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

The amount being held deleted text begin will bedeleted text end new text begin isnew text end frozen for 14 days from the date of this notice.

Some of your money in your account may be protected (the legal word is exempt). You may be able to get it sooner than 14 days if you act quickly and follow the instructions on the next page.

The attached exemption form lists some different deleted text begin sources ofdeleted text end new text begin waysnew text end money in your account deleted text begin thatdeleted text end may be protected. If your money deleted text begin isdeleted text end new text begin comesnew text end from deleted text begin one or more of these sources, placedeleted text end new text begin a benefit on the list, putnew text end a check on the line deleted text begin on the form next to the sources of your money. If it is from one of these sources,deleted text end new text begin next to it.new text end The creditor deleted text begin cannotdeleted text end new text begin can'tnew text end take it.

BUT,new text begin if you want the bank to unfreeze your money,new text end you must follow the instructions and return the exemption form deleted text begin anddeleted text end new text begin withnew text end copies of your bank statements from the last 60 days deleted text begin to have the bank unfreeze your moneydeleted text end . new text begin Instructions and the form are attached. new text end If you deleted text begin do notdeleted text end new text begin don'tnew text end follow the instructions deleted text begin or your Creditor gets an order from the court or writ of execution,deleted text end your deleted text begin financial institution will givedeleted text end new text begin bank givesnew text end the money to your creditor. new text begin If your creditor gets an order from the court or writ of execution, your bank gives the money to them. new text end If that happens and deleted text begin itdeleted text end new text begin your moneynew text end is protected, you can still get it back from the creditor laterdeleted text begin ,deleted text end new text begin .new text end But deleted text begin that is not as easy to do asdeleted text end filling deleted text begin indeleted text end new text begin outnew text end the form nownew text begin is easiestnew text end .

See next pages for instructions and the exemption form.

Subd. 2.

Form of instructions.

The instructions required must be in a separate form and must be substantially in the following form:

Instructions

Note: The creditor is who you owe the money to. You are the debtor.

1. Fill out both of the attached exemption forms in this packet.

If you check one of the lines, you should also give proofnew text begin . Use proofnew text end that deleted text begin showsdeleted text end new text begin shownew text end that some or all of the money in your account is from one or more of the protected sources. new text begin This might be letters or account statements. new text end Creditors may ask for a hearing if they question your exemptions.

To avoid a hearing:

new text begin (i) new text end Case numbers should be added to the form.

new text begin (ii) new text end Copies of documents should be sent with the form.

Notice: You must send deleted text begin to the creditor's attorney (or to the creditor, if no attorney)deleted text end copies of your bank statements for the past 60 days before the garnishment. new text begin Send them to the creditor (or to the creditor's lawyer). new text end Keep a copy of your bank statements in case there are questions about your claim. If you deleted text begin do notdeleted text end new text begin don'tnew text end send new text begin bank statements new text end to the deleted text begin creditor's attorney (or to the creditor, if no attorney) bank statementsdeleted text end new text begin creditor (or to the creditor's lawyer) alongnew text end with your exemption claim, the financial institution may deleted text begin releasedeleted text end new text begin givenew text end your money to the creditornew text begin . They would do thisnew text end once the creditor gives deleted text begin the financial institutiondeleted text end new text begin themnew text end a court order deleted text begin directing itdeleted text end new text begin saying they havenew text end to turn over the funds.

2. Sign the exemption forms. Make deleted text begin onedeleted text end new text begin anew text end copy to keep for yourself.

3. Mail or deliver the other copies of the form by (insert date).

Both Copies Must Be Mailed or Delivered the Same Day.

One copy of the form and the copies of your bank statements go to:

deleted text begin . deleted text end
deleted text begin (Insert name of creditor or creditor's attorney) deleted text end
deleted text begin . deleted text end
deleted text begin (Insert address of creditor or creditor's attorney) deleted text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

One copy goes to:

deleted text begin . deleted text end
deleted text begin (Insert name of bank) deleted text end
deleted text begin . deleted text end
deleted text begin (Insert address of bank) deleted text end
new text begin Bank's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

How The Process Works

If You deleted text begin Do Notdeleted text end new text begin Don'tnew text end Send in the Exemption Form and Bank Statements:

14 days after the date of this letter some or all of your money may be turned over to the creditornew text begin . This happensnew text end once they get an order from the court telling the deleted text begin financial institutiondeleted text end new text begin banknew text end to do this.

If You new text begin Do new text end Send in the Exemption Form and Bank Statements:

Any money that is NOT protected can be turned over to the creditor once they get an order from the court.

If the Creditor Does Not Objectnew text begin to Your Claimed Exemptionsnew text end :

The deleted text begin financial institution willdeleted text end new text begin bank shouldnew text end unfreeze your money deleted text begin sixdeleted text end new text begin 6new text end business days after deleted text begin the institution getsdeleted text end new text begin they getnew text end your completed form.new text begin If they don't, ask the creditor or the creditor's lawyer to send a release letter to the bank.new text end

If the Creditor Objectsnew text begin to Your Claimed Exemptionsnew text end :

The money you deleted text begin havedeleted text end said is protected on the form deleted text begin will bedeleted text end new text begin isnew text end held by the bank. The creditor has deleted text begin sixdeleted text end new text begin 6new text end business days to object (disagree) and ask the court to hold a hearing. You deleted text begin will receivedeleted text end new text begin getnew text end a Notice of Objection and a Notice of Hearing.

The deleted text begin financial institution will holddeleted text end new text begin bank holdsnew text end the money until a court decides deleted text begin whetherdeleted text end new text begin ifnew text end your money is protected or not. Some reasons a creditor may object are because you deleted text begin did notdeleted text end new text begin didn'tnew text end send copies of your bank statements or other proof of the benefits you deleted text begin receiveddeleted text end new text begin gotnew text end . Be sure to include these when you send your exemption form.

You may want to talk to a lawyer for advice about this process. If you are low income you can call Legal Aidnew text begin statewide at 1(877) 696-6529new text end .

deleted text begin PENALTIES: deleted text end

new text begin Warnings and Fines new text end

If you claim that your money is protected and a court decides you made that claim in bad faith, deleted text begin the courtdeleted text end new text begin theynew text end can order you to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100. new text begin Bad faith is when someone does something wrong on purpose. new text end For example, it may be bad faith if you claim you deleted text begin receivedeleted text end new text begin getnew text end government benefits deleted text begin that you do not receivedeleted text end new text begin and you don'tnew text end .

If the creditor made a bad faith objection to your claim that your money is protected, the court can order them to pay costs, actual damages, deleted text begin attorneydeleted text end new text begin lawyernew text end fees, and deleted text begin an additional amount ofdeleted text end new text begin a finenew text end up to $100.

Subd. 3.

Exemption notice.

The exemption notice must be a separate form and must be in substantially the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end
deleted text begin . (Financial institution) deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Exemption Form new text end
new text begin vs. new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Bank's name new text end
new text begin . new text end

deleted text begin EXEMPTION FORM deleted text end

A. How Much Money is Protectednew text begin (exempt)new text end
deleted text begin . deleted text end new text begin ... new text end I claim ALL of the money being frozen by the bank is protected.
deleted text begin . deleted text end new text begin ... new text end I claim SOME of the money is protected. The amount I claim is protected is $.......
B. Why The Money is Protected
My money is protected because I get it from one or more of the following places: (Check all that apply)
new text begin Earnings (Wages) new text end
new text begin ALL or SOME of my wages may be protected. new text end
new text begin ... Some of my wages are protected because they were only deposited in my account in the last 20 days. new text end
new text begin For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more: new text end
new text begin (i) 75% of your wages or more (after taxes are taken out), or new text end
new text begin (ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage. new text end
new text begin new text begin Allnew text end of my wages are protected because: new text end
new text begin ... I get government benefits (a list of government benefits is on the next page) new text end
new text begin ... I am getting other assistance based on need new text end
new text begin ... I have gotten government benefits in the last 6 months new text end
new text begin ... I was in jail or prison in the last 6 months new text end
new text begin If you check one of these 4 boxes, your wages are only protected for 60 days after they are deposited in your account. You MUST send the creditor copies of bank statements that show what was in your account for the 60 days right before the bank froze your money. new text end
deleted text begin . deleted text end Government Benefits
Government benefits new text begin can new text end includedeleted text begin , but are not limited to, the followingdeleted text end new text begin many things. For examplenew text end :
new text begin ... new text end MFIP - Minnesota Family Investment Programdeleted text begin ,deleted text end
new text begin ... DWP - new text end MFIP Diversionary Work Programdeleted text begin ,deleted text end
new text begin ... SNAP - Supplemental Nutrition Assistance Program new text end
deleted text begin Work participation cash benefit, deleted text end
new text begin ... new text end GA - General Assistancedeleted text begin ,deleted text end
deleted text begin EA deleted text end deleted text begin - emergency assistance, deleted text end
deleted text begin MA deleted text end deleted text begin - medical assistance, deleted text end
new text begin ... new text end EGA - Emergency General Assistancedeleted text begin ,deleted text end
new text begin ... new text end MSA - Minnesota Supplemental Aiddeleted text begin ,deleted text end
new text begin ... new text end MSA-EA - MSA Emergency Assistancedeleted text begin ,deleted text end
new text begin ... EA - Emergency Assistance new text end
new text begin ... Energy or Fuel Assistance new text end
new text begin ... Work Participation Cash Benefit new text end
new text begin ... MA - Medical Assistance new text end
deleted text begin Supplemental Nutrition Assistance Program (SNAP), deleted text end
deleted text begin SSI - Supplemental Security Income, deleted text end
new text begin ... new text end MinnesotaCaredeleted text begin ,deleted text end
new text begin ... new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin helpnew text end
new text begin ... new text end Medicare Part D new text begin - new text end Extra deleted text begin help,deleted text end
deleted text begin Energy or fuel assistance. deleted text end
new text begin ... SSI - Supplemental Security Income new text end
new text begin ... Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end
new text begin ... Renter's Refund (also called Renter's Property Tax Credit) new text end
deleted text begin LIST SOURCE(S) OF FUNDING IN YOUR ACCOUNT deleted text end
deleted text begin . deleted text end
deleted text begin LIST THE CASE NUMBER AND COUNTY deleted text end
deleted text begin Case Number: . deleted text end
deleted text begin County: . deleted text end
deleted text begin Government benefits also include: deleted text end
deleted text begin . deleted text end deleted text begin Social Security benefits deleted text end
deleted text begin . deleted text end deleted text begin Unemployment benefits deleted text end
deleted text begin . deleted text end deleted text begin Workers' compensation deleted text end
deleted text begin . deleted text end deleted text begin Veterans benefits deleted text end
deleted text begin If you receive any of these government benefits, include copies of any documents you have that show you receive Social Security, unemployment, workers' compensation, or veterans benefits. deleted text end
deleted text begin . deleted text end deleted text begin Other assistance based on need deleted text end

deleted text begin You may have assistance based on need from another source that is not on the list. If you do, check this box, and fill in the source of your money on the line below: deleted text end

deleted text begin Source: . deleted text end

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

deleted text begin EARNINGS deleted text end
deleted text begin ALL or SOME of your earnings (wages) may also be protected. deleted text end
deleted text begin . deleted text end deleted text begin All of your earnings (wages) are protected if: deleted text end
deleted text begin . deleted text end deleted text begin You get government benefits (see list of government benefits) deleted text end
deleted text begin . deleted text end deleted text begin You currently receive other assistance based on need deleted text end
deleted text begin . deleted text end deleted text begin You have received government benefits in the last six months deleted text end
deleted text begin . deleted text end deleted text begin You were in jail or prison in the last six months deleted text end
deleted text begin If you check one of these lines, deleted text end deleted text begin your wages are only protected for 60 days after they are deposited in your account so deleted text end deleted text begin you MUST send the creditor a copy of BANK STATEMENTS deleted text end deleted text begin that show what was in your account deleted text end deleted text begin for the 60 days right before the bank froze your money deleted text end deleted text begin . deleted text end
deleted text begin . deleted text end deleted text begin Some of your earnings (wages) are protected. deleted text end
deleted text begin If all of your earnings are not exempt, then some of your earnings are still protected for 20 days after they were deposited in your account. The amount protected is the larger amount of: deleted text end
deleted text begin 75 percent of your wages (after taxes are taken out); or deleted text end
deleted text begin (insert the sum of the current federal minimum wage) multiplied by 40. deleted text end
deleted text begin OTHER EXEMPT FUNDS deleted text end
deleted text begin The money from the following are also completely protected after they are deposited in your account. deleted text end
deleted text begin . deleted text end deleted text begin An accident, disability, or retirement pension or annuity deleted text end
deleted text begin . deleted text end deleted text begin Payments to you from a life insurance policy deleted text end
deleted text begin . deleted text end deleted text begin Earnings of your child who is under 18 years of age deleted text end
deleted text begin . deleted text end deleted text begin Child support deleted text end
deleted text begin . deleted text end deleted text begin Money paid to you from a claim for damage or destruction of property deleted text end deleted text begin Property includes household goods, farm tools or machinery, tools for your job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances. deleted text end
deleted text begin . deleted text end deleted text begin Death benefits paid to you deleted text end
new text begin List the case number and county for every box you checked: new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Case Number: . new text end new text begin County: . new text end
new text begin Government benefits also include: new text end
new text begin ... Social Security benefits new text end
new text begin ... Unemployment benefits new text end
new text begin ... Workers' compensation new text end
new text begin ... Veterans' benefits new text end

new text begin If you get any of these government benefits, include copies of any documents that show you get them. new text end

new text begin ... I get other assistance based on need that is not on the list. It comes from: . new text end

new text begin . new text end

new text begin Make sure you include copies of any documents that show this. new text end

new text begin C. Other Protected Funds new text end

new text begin The money from these things are also completely protected after they are deposited in my account. new text end

new text begin ... Child Support new text end

new text begin ... A retirement, disability, or accident pension or annuity new text end

new text begin ... Earnings of my child who is under 18 years of age new text end

new text begin ... Payments to me from a life insurance policy new text end

new text begin ... Money paid to me from a claim for damage or destruction of property. Property includes household goods, farm tools or machinery, tools for my job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances new text end

new text begin ... Death benefits paid to me new text end

I give new text begin my new text end permission to any agency that has given me deleted text begin cashdeleted text end benefits to give information about my benefits to the deleted text begin above-nameddeleted text end creditordeleted text begin ,deleted text end new text begin named abovenew text end or deleted text begin its attorneydeleted text end new text begin to the creditor's lawyernew text end . The information will ONLY deleted text begin concern whetherdeleted text end new text begin be ifnew text end I get deleted text begin benefits or not, or whether I have gotten themdeleted text end new text begin assistance, or if I have gotten assistancenew text end in the past deleted text begin sixdeleted text end new text begin 6new text end months.new text begin If I was an inmate in the last 6 months, I give my permission to the correctional institution to tell the creditor named above or the creditor's lawyer that I was an inmate there. new text end

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

You must signnew text begin this formnew text end and send deleted text begin THIS FORMdeleted text end new text begin itnew text end back to the creditor's deleted text begin ATTORNEYdeleted text end new text begin lawyernew text end (or to the creditor, if new text begin there is new text end no deleted text begin ATTORNEYdeleted text end new text begin lawyernew text end ) and the bank. Remember to include a copy of your bank statements for the past 60 days. Fill in the blanks below and go back to the instructions to make sure you deleted text begin dodeleted text end new text begin didnew text end it correctly.

I deleted text begin havedeleted text end mailed or delivered a copy of this form todeleted text begin :deleted text end new text begin the creditor (or to the creditor's lawyer) at the address listed below.new text end

deleted text begin . deleted text end
deleted text begin (Insert name of creditor or creditor's attorney) deleted text end
deleted text begin . deleted text end
deleted text begin (Insert address of creditor or creditor's attorney) deleted text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

I deleted text begin havedeleted text end also mailed or delivered a copy of this exemption form to my bank at the address listed deleted text begin in the instructions.deleted text end new text begin below:new text end

deleted text begin DATED: . deleted text end deleted text begin . deleted text end
deleted text begin DEBTOR deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR ADDRESS deleted text end
deleted text begin . deleted text end
deleted text begin DEBTOR TELEPHONE NUMBER deleted text end
new text begin Bank's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end
new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 17.

Minnesota Statutes 2024, section 571.914, subdivision 2, is amended to read:

Subd. 2.

Form of Notice of Objection and Notice of Hearing.

The Written Objection and Notice of Hearing must be in substantially the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end deleted text begin CREDITOR'S NOTICE OF OBJECTION deleted text end
deleted text begin AND NOTICE OF HEARING ON deleted text end
deleted text begin . (Garnishee) deleted text end deleted text begin EXEMPTION CLAIM deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin . deleted text end
deleted text begin (CREDITOR OR CREDITOR'S ATTORNEY) deleted text end
deleted text begin NOTICE OF HEARING deleted text end
deleted text begin The creditor objects to your exemption claim. This hearing is to resolve your exemption claim. deleted text end
deleted text begin Hearing Date: deleted text end deleted text begin . deleted text end
deleted text begin Time: deleted text end deleted text begin . deleted text end
deleted text begin Hearing Place: deleted text end deleted text begin . deleted text end
new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Creditor's Notice of Objection and new text end
new text begin and new text end new text begin Notice of Hearing on Exemption Claim new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin Hearing Notice new text end

new text begin The creditor objects to your exemption claim. This hearing is to decide if your exemption claim is valid. new text end

new text begin The hearing will be at: new text end
new text begin Place: . new text end new text begin Date: . new text end new text begin Time: . new text end

The creditor objects to your claim of exemption from garnishment for the following reason(s):

.
.
.

deleted text begin (Note: Bring with you to the hearing all documents and materials supporting your exemption claim. Failure to do so could delay the court's decision.) deleted text end

deleted text begin If the creditor receives all documents and materials supporting your exemption claim before the hearing date, the creditor may agree with your claim and you can avoid a hearing. deleted text end

deleted text begin Because a court hearing will be held on your claim that your funds are protected, your financial institution will retain the funds until it receives an order from the court. deleted text end

new text begin Note: Bring all your documents and materials that support your exemption claim to the hearing. If you don't, the court's decision could be held up. new text end

new text begin You can send your documents and materials to the creditor before the hearing. If they review them and agree with your claim, you can avoid a hearing. new text end

new text begin Because there is a court hearing scheduled about your exemption claim, your bank will keep your funds until it gets an order from the court. new text end

new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

Sec. 18.

Minnesota Statutes 2024, section 571.925, is amended to read:

571.925 FORM OF NOTICE.

The ten-day notice informing a debtor that a garnishment summons may be used to garnish the earnings of an individual must be substantially in the following form:

deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin against deleted text end
deleted text begin GARNISHMENT EXEMPTION deleted text end
deleted text begin . (Debtor) deleted text end deleted text begin NOTICE AND NOTICE OF deleted text end
deleted text begin and deleted text end deleted text begin INTENT TO GARNISH EARNINGS deleted text end
deleted text begin . (Garnishee) deleted text end

deleted text begin PLEASE TAKE NOTICE that a garnishment summons or levy may be served upon your employer or other third parties, without any further court proceedings or notice to you, ten days or more from the date hereof. Some or all of your earnings are exempt from garnishment. If your earnings are garnished, your employer must show you how the amount that is garnished from your earnings was calculated. You have the right to request a hearing if you claim the garnishment is incorrect. deleted text end

deleted text begin Your earnings are completely exempt from garnishment if you are now a recipient of assistance based on need, if you have been a recipient of assistance based on need within the last six months, or if you have been an inmate of a correctional institution in the last six months. deleted text end

deleted text begin Assistance based on need includes, but is not limited to: deleted text end

new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Garnishment Exemption Notice and new text end
new text begin and new text end new text begin Notice of Intent to Garnish Earnings new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

new text begin Notice: A garnishment may be served on your employer or other third parties. Garnishment means that part of your earnings can be taken to pay off debts that you owe. This can happen in 10 days or more after you get this notice. This can happen without any other court action or notice to you. But some of your money may be protected. new text end

new text begin new text begin Your earnings cannot be taken if: new text end new text end
new text begin (i) you are getting government assistance based on need, new text end
new text begin (ii) you got any government assistance based on need in the last 6 months, or new text end
new text begin (iii) you were an inmate of a correctional institution in the last 6 months. new text end

new text begin These are called exemptions. Your money is NOT protected unless you fill out the Exemption Claim Notice attached and send it back to the creditor or the creditor's lawyer. If you are not sure if you have any exemptions, talk to a lawyer. new text end

new text begin You can also contact the creditor or their lawyer to talk about a settlement of the debt. new text end

new text begin Examples of government assistance based on need: new text end

new text begin (i) new text end MFIP - Minnesota Family Investment Programdeleted text begin ,deleted text end
new text begin (ii) DWP - new text end MFIP Diversionary Work Programdeleted text begin ,deleted text end
new text begin (iii) SNAP - Supplemental Nutrition Assistance Program new text end
deleted text begin Work participation cash benefit, deleted text end
new text begin (iv) new text end GA - General Assistancedeleted text begin ,deleted text end
deleted text begin EA deleted text end deleted text begin - emergency assistance, deleted text end
deleted text begin MA deleted text end deleted text begin - medical assistance, deleted text end
new text begin (v) new text end EGA - Emergency General Assistancedeleted text begin ,deleted text end
new text begin (vi) new text end MSA - Minnesota Supplemental Aiddeleted text begin ,deleted text end
new text begin (vii) new text end MSA-EA - MSA Emergency Assistancedeleted text begin ,deleted text end
deleted text begin Supplemental Nutrition Assistance Program (SNAP), deleted text end
deleted text begin SSI - Supplemental Security Income, deleted text end
new text begin (viii) EA - Emergency Assistance new text end
new text begin (ix) Energy or Fuel Assistance new text end
new text begin (x) Work Participation Cash Benefit new text end
new text begin (xi) MA - Medical Assistance new text end
new text begin (xii) new text end MinnesotaCaredeleted text begin ,deleted text end
new text begin (xiii) new text end Medicare Part B new text begin - new text end Premium Paymentsdeleted text begin ,deleted text end new text begin helpnew text end
new text begin (xiv) new text end Medicare Part D new text begin - new text end Extra deleted text begin help,deleted text end
deleted text begin Energy or fuel assistance. deleted text end
new text begin (xv) SSI - Supplemental Security Income new text end
new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit new text end
new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit) new text end

deleted text begin If you wish to claim an exemption, you should fill out the appropriate form below, sign it, and send it to the creditor's attorney and the garnishee. deleted text end

deleted text begin You may wish to contact the attorney for the creditor in order to arrange for a settlement of the debt or contact an attorney to advise you about exemptions or other rights. deleted text end

deleted text begin PENALTIES deleted text end

deleted text begin (1) Be advised that even if you claim an exemption, a garnishment summons may still be served on your employer. If your earnings are garnished after you claim an exemption, you may petition the court for a determination of your exemption. If the court finds that the creditor disregarded your claim of exemption in bad faith, you will be entitled to costs, reasonable attorney fees, actual damages, and an amount not to exceed $100. deleted text end

deleted text begin (2) HOWEVER, BE WARNED if you claim an exemption, the creditor can also petition the court for a determination of your exemption, and if the court finds that you claimed an exemption in bad faith, you will be assessed costs and reasonable attorney's fees plus an amount not to exceed $100. deleted text end

deleted text begin (3) If after receipt of this notice, you in bad faith take action to frustrate the garnishment, thus requiring the creditor to petition the court to resolve the problem, you will be liable to the creditor for costs and reasonable attorney's fees plus an amount not to exceed $100. deleted text end

deleted text begin Dated: . deleted text end deleted text begin . deleted text end
deleted text begin (Attorney for) Creditor deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Telephone deleted text end

new text begin Warnings and Fines new text end

new text begin (1) Even if you claim an exemption, a levy may still be served on your employer. If they take money from you after you claim an exemption, you may ask the court to review your exemption. If the court finds that the creditor ignored your claim of exemption in bad faith, you are entitled to costs, reasonable lawyer fees, actual damages, and a fine up to $100. Bad faith is when someone does something wrong on purpose. new text end

new text begin (2) BUT if you claim an exemption, the creditor can also ask the court to review your exemption. If the court finds that you claimed an exemption in bad faith, you are charged costs and reasonable lawyer fees, and a fine up to $100. new text end

new text begin (3) If you get this notice, then do something in bad faith to try to block or stop the levy and the creditor has to take you to court because of it, you will have to pay the creditor's costs, and reasonable lawyer's fees, and a fine up to $100. new text end

new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end

DEBTOR'S EXEMPTION CLAIM NOTICE

new text begin State of Minnesota new text end new text begin District Court new text end
new text begin County of: . new text end new text begin Judicial District: . new text end
new text begin Court File Number: . new text end
new text begin Case Type: . new text end
new text begin Creditor's full name new text end
new text begin . new text end new text begin Debtor's Exemption new text end
new text begin and new text end new text begin Claim Notice new text end
new text begin Debtor's full name new text end
new text begin . new text end
new text begin and new text end
new text begin Third Party (bank, employer, or other) new text end
new text begin . new text end

I deleted text begin herebydeleted text end claim that my earnings are exempt from new text begin this new text end garnishment because:new text begin (check all that apply)new text end

deleted text begin (1) I am presently a recipient of relief based on need. (Specify the program, case number, and the county from which relief is being received.) deleted text end

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end

deleted text begin (2) I am not now receiving relief based on need, but I have received relief based on need within the last six months. (Specify the program, case number, and the county from which relief has been received.) deleted text end

deleted text begin . deleted text end deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Program deleted text end deleted text begin Case Number (if known) deleted text end deleted text begin County deleted text end

deleted text begin (3) I have been an inmate of a correctional institution within the last six months. (Specify the correctional institution and location.) deleted text end

deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Correctional Institution deleted text end deleted text begin Location deleted text end

deleted text begin I hereby authorize any agency that has distributed relief to me or any correctional institution in which I was an inmate to disclose to the above-named creditor or the creditor's attorney only whether or not I am or have been a recipient of relief based on need or an inmate of a correctional institution within the last six months. I have mailed or delivered a copy of this form to the creditor or creditor's attorney. deleted text end

deleted text begin . deleted text end deleted text begin . deleted text end
deleted text begin Date deleted text end deleted text begin Debtor deleted text end
deleted text begin . deleted text end
deleted text begin Address deleted text end
deleted text begin . deleted text end
deleted text begin Debtor Telephone Number deleted text end
deleted text begin STATE OF MINNESOTA deleted text end deleted text begin DISTRICT COURT deleted text end
deleted text begin COUNTY OF . deleted text end deleted text begin . JUDICIAL DISTRICT deleted text end
deleted text begin . (Creditor) deleted text end
deleted text begin . (Debtor) deleted text end
deleted text begin . (Financial institution) deleted text end

new text begin ... I am getting government assistance based on need. (State the program, case number if you know it, and the county you got it from.) new text end

new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

new text begin ... I am not getting assistance based on need right now, but I did get government assistance based on need within the last 6 months. (State the program, case number if you know it, and the county you got it from.) new text end

new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end
new text begin Program: . new text end new text begin Case #: . new text end new text begin County: . new text end

new text begin ... I was an inmate of a correctional institution within the last 6 months. (State the correctional institution and location.) new text end

new text begin Correctional Institution . new text end new text begin Location . new text end

new text begin I give my permission to any agency listed above to give information about my benefits to the creditor named above, or to the creditor's lawyer. The information will ONLY be if I get assistance, or if I have gotten assistance in the past 6 months. If I was an inmate in the last 6 months, I give my permission to the correctional institution to tell the creditor named above or the creditor's lawyer that I was an inmate there. new text end

new text begin Sign and send this form back to the creditor or the creditor's lawyer. new text end

new text begin Fill in the blanks below. new text end

new text begin I mailed or delivered a copy of this form to the creditor or to the creditor's lawyer if they have one, at the address listed below. new text end

new text begin Date: . new text end
new text begin Creditor's Signature: . new text end
new text begin (or creditor's lawyer's signature) new text end
new text begin Creditor's Name: . new text end
new text begin (or creditor's lawyer's name) new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end new text begin Fax: . new text end
new text begin Email: . new text end
new text begin Date: . new text end
new text begin Debtor's Signature: . new text end
new text begin Debtor's Name: . new text end
new text begin Street Address: . new text end
new text begin City/State/Zip: . new text end
new text begin Phone: . new text end
new text begin Email: . new text end

Sec. 19.

Minnesota Statutes 2024, section 571.931, subdivision 6, is amended to read:

Subd. 6.

Notice.

The debtor shall be served with a copy of the prejudgment garnishment order issued pursuant to this section together with a copy of all pleadings and other documents not previously served, including any affidavits upon which the claimant intends to rely at the subsequent hearing and a transcript of any oral testimony given at the prejudgment garnishment hearing upon which the creditor intends to rely and a notice of hearing. Service must be in the manner prescribed for personal service of a summons unless that service is impracticable or would be ineffective and the court prescribes an alternative method of service calculated to provide actual notice to the debtor.

The notice of hearing served upon the debtor must be signed by the creditor or the attorney for the creditor and must be accompanied by an exemption notice. The notice of hearing must be accompanied by an exemption notice, and both notices must provide, at a minimum, the following information in substantially the following language:

deleted text begin NOTICE OF HEARING deleted text end

new text begin Hearing Notice new text end

TO: new text begin . new text end

deleted text begin (the debtor) deleted text end new text begin (debtor's full name) new text end

The (insert the name of court) Court has ordered the prejudgment garnishment of some of your property deleted text begin in the possession or control of a third partydeleted text end . new text begin This is about property that a third party has or controls. new text end Some of your property may be exempt deleted text begin from seizuredeleted text end new text begin and can't be takennew text end . See the exemption notice below.

The Court issued this Order deleted text begin based upon the claim ofdeleted text end new text begin becausenew text end (insert name of creditor) deleted text begin that (insert name of creditor) isdeleted text end new text begin claims they arenew text end entitled to deleted text begin a court order for garnishmentdeleted text end new text begin take somenew text end of your property deleted text begin to secure your payment of any money judgment that (insert name of creditor) may later be obtained against you and that immediate action was necessarydeleted text end new text begin . They do this to make sure you pay any money they might win in a future case against you. They felt immediate action was needednew text end .

You have the legal right to challenge (insert name of creditor) claims at a court hearing before a judge.

new text begin The hearing will be at: new text end
new text begin Place: . new text end new text begin Date: . new text end new text begin Time: . new text end

deleted text begin The hearing will be held at the (insert place) on (insert date) at (insert time).deleted text end You deleted text begin may attenddeleted text end new text begin can go tonew text end the court hearing alone or with deleted text begin an attorneydeleted text end new text begin a lawyernew text end . deleted text begin After you have presented your side of the matter, the court will decidedeleted text end new text begin You get to tell the court your side of the issue. Then the court decidesnew text end what should be done with your property until the lawsuit against you is finally decided.

If you deleted text begin do not attenddeleted text end new text begin don't go tonew text end this hearing, the court may order garnishment of your property.

Exemption Notice

Some of your property may be exempt and deleted text begin cannot be garnisheddeleted text end new text begin can't be takennew text end . new text begin 'Exempt' means protected. new text end The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not new text begin a new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section 550.37deleted text begin , and other state and federal lawsdeleted text end new text begin of the Minnesota Statutesnew text end . If you have questions about an exemption, deleted text begin you should obtain competentdeleted text end new text begin contact a lawyer fornew text end legal advice.

new text begin These things you or your family might have are protected: new text end

(1) deleted text begin a homestead or the proceeds from the sale of a homestead.deleted text end new text begin equity in your home, or money from recently selling your home - up to $510,000 totalnew text end ;

(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;new text end

new text begin (ii)new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers, tablets,new text end televisions deleted text begin up to a total current value of $4,500 at the time of attachment.deleted text end new text begin , printers, cell phones, smart phones, and other consumer electronics up to $12,150 in all; andnew text end

new text begin (iii) jewelry - total value can't be more than $3,308; new text end

(3) a manufactured (mobile) home deleted text begin used as your home.deleted text end new text begin you live innew text end ;

(4) one motor vehicle deleted text begin currently worth less than $2,000 after deducting any security interest.deleted text end new text begin , counting only the amount you have paid off:new text end

new text begin (i) $10,000; new text end

new text begin (ii) $12,500 if it is necessary for your business, trade, or profession; new text end

new text begin (iii) $25,000 if used by or to help someone with a disability that makes it hard to walk; or new text end

new text begin (iv) $100,000 if designed or modified for someone with a disability that makes it hard to walk; new text end

(5) farm machinery deleted text begin used by someone principally engaged in farming, ordeleted text end new text begin if your main business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade. This exemption is limited to $10,000.deleted text end new text begin - the total value can't be more than $13,000;new text end

(6) relief based on need. This includes deleted text begin thedeleted text end new text begin :new text end

new text begin (i) MFIP -new text end Minnesota Family Investment Program deleted text begin (MFIP), Emergency Assistance (EA), Work First Program, Medical Assistance (MA),deleted text end new text begin ;new text end

new text begin (ii) DWP - MFIP Diversionary Work Program; new text end

new text begin (iii) SNAP - Supplemental Nutrition Assistance Program; new text end

new text begin (iv) GA -new text end General Assistance deleted text begin (GA),deleted text end new text begin ;new text end

new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA),deleted text end new text begin ;new text end

new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA),deleted text end new text begin ;new text end

new text begin (vii) MSA-EA - new text end MSA Emergency Assistance deleted text begin (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance.deleted text end new text begin ;new text end

new text begin (viii) EA - Emergency Assistance; new text end

new text begin (ix) Energy or Fuel Assistance; new text end

new text begin (x) Work Participation Cash Benefit; new text end

new text begin (xi) MA - Medical Assistance; new text end

new text begin (xii) MinnesotaCare; new text end

new text begin (xiii) Medicare Part B - Premium Payments help; new text end

new text begin (xiv) Medicare Part D - Extra; new text end

new text begin (xv) SSI - Supplemental Security Income; new text end

new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit; and new text end

new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit); new text end

new text begin (7) wages. 100% is protected if you get government assistance based on need. Otherwise, between 75-100% is protected depending on how much you earn; new text end

new text begin (8) retirement benefits - the total interest under all plans and contracts can't be more than $81,000; new text end

deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefitsdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or veterans' benefitsdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (9) An accident, disability or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension or annuitydeleted text begin .deleted text end new text begin ;new text end

deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsdeleted text begin .deleted text end new text begin that are not more than $54,000;new text end

deleted text begin (11) Thedeleted text end new text begin (13)new text end earnings of your minor childdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin - likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or a deleted text begin car).deleted text end new text begin car;new text end

new text begin (15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious items. Total value can't be more than $2,000; new text end

new text begin (16) personal library - total value can't be more than $750; new text end

new text begin (17) musical instruments - total value can't be more than $2,000; new text end

new text begin (18) family pets - current value can't be more than $1,000; new text end

new text begin (19) a seat or pew in any house or place of public worship and a lot in any burial ground; new text end

new text begin (20) tools you need to work in your business or profession - the total value can't be more than $13,500; new text end

new text begin (21) household tools and equipment - things like hand and power tools, snow removal equipment, lawnmowers, and more. Total value can't be more than $3,000; and new text end

new text begin (22) health savings accounts, medical savings accounts - the total value can't be more than $25,000. new text end

Sec. 20.

Minnesota Statutes 2024, section 571.932, subdivision 2, is amended to read:

Subd. 2.

Service.

The creditor's motion to obtain an order of garnishment together with the creditor's affidavit and notice of hearing must be served in the manner prescribed for service of a summons in a civil action in district court unless that service is impracticable or would be ineffective and the court prescribes an alternative method of service calculated to provide actual notice to the debtor. If the debtor has already appeared in the action, the motion must be served in the manner prescribed for service of pleadings subsequent to the summons. The date of the hearing must be fixed in accordance with rule 6 of the Minnesota Rules of Civil Procedure for the District Courts, unless a different date is fixed by order of the court.

The notice of hearing served upon the debtor shall be signed by the creditor or the attorney for the creditor and shall provide, at a minimum, the following information in substantially the following language:

deleted text begin NOTICE OF HEARING deleted text end

new text begin Hearing Notice new text end

TO: new text begin . new text end

deleted text begin (the debtor) deleted text end new text begin (debtor's full name) new text end

deleted text begin A hearing will be held (insert place) on (insert date) at (insert time) to determine whether nonexempt property belonging to you will be garnished to secure a judgment that may be entered against you. deleted text end

new text begin There will be a hearing to decide if your nonexempt property will be garnished to help pay a judgment that may be entered against you. new text end

new text begin The hearing will be at: new text end
new text begin Place: . new text end new text begin Date: . new text end new text begin Time: . new text end

You deleted text begin may attenddeleted text end new text begin can go tonew text end the court hearing alone or with deleted text begin an attorneydeleted text end new text begin a lawyernew text end . deleted text begin After you have presented your side of the matter, the court will decide whetherdeleted text end new text begin You get to tell the court your side of the issue. Then the court decides ifnew text end your property should be garnished until the lawsuit deleted text begin which has been commenceddeleted text end against you is finally decided.

If the court deleted text begin directs the issuance ofdeleted text end new text begin issuesnew text end a garnishment summons deleted text begin whiledeleted text end new text begin duringnew text end the lawsuit deleted text begin is pendingdeleted text end , you deleted text begin may stilldeleted text end new text begin cannew text end keep the property until the lawsuit is decided if you file a bond deleted text begin in an amountdeleted text end new text begin . The amount of the bond isnew text end set by the court.

If you deleted text begin DO NOT ATTEND THIS deleted text end new text begin don't go to thisnew text end hearing, the court may order new text begin garnishment of new text end your nonexempt property deleted text begin TO BE GARNISHED deleted text end .

Exemption Notice

Some of your property may be exempt and deleted text begin cannotdeleted text end new text begin can'tnew text end be deleted text begin garnisheddeleted text end new text begin takennew text end . new text begin 'Exempt' means protected. new text end The following is a list of some deleted text begin of the moredeleted text end common exemptions. It is not new text begin a new text end complete deleted text begin and is subject todeleted text end new text begin list. For full details and dollar amounts set by law seenew text end section 550.37deleted text begin , and other state and federal lawsdeleted text end new text begin of the Minnesota Statutesnew text end . deleted text begin The dollar amounts contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the time of the garnishment.deleted text end If you have questions about an exemption, deleted text begin you should obtain competentdeleted text end new text begin contact a lawyer fornew text end legal advice.

new text begin These things you or your family might have are protected: new text end

(1) deleted text begin A homestead or the proceeds from the sale of a homestead.deleted text end new text begin equity in your home, or money from recently selling your home - up to $510,000 total;new text end

(2)new text begin (i) all clothing, one watch, utensils, and foodstuffs;new text end

new text begin (ii)new text end household furniture, new text begin household new text end appliances, deleted text begin phonographs,deleted text end radios, deleted text begin anddeleted text end new text begin computers, tablets,new text end televisions deleted text begin up to a total current value of $5,850.deleted text end new text begin , printers, cell phones, smart phones, and other consumer electronics up to $12,150 in all; andnew text end

new text begin (iii) jewelry - total value can't be more than $3,308; new text end

(3) a manufactured (mobile) home deleted text begin used as your home.deleted text end new text begin you live in;new text end

(4) one motor vehicle deleted text begin currently worth less than $2,600 after deducting any security interests.deleted text end new text begin , counting only the amount you have paid off:new text end

new text begin (i) $10,000; new text end

new text begin (ii) $12,500 if it is necessary for your business, trade, or profession; new text end

new text begin (iii) $25,000 if used by or to help someone with a disability that makes it hard to walk; or new text end

new text begin (iv) $100,000 if designed or modified for someone with a disability that makes it hard to walk; new text end

(5) farm machinery deleted text begin used by an individual principally engaged in farming, ordeleted text end new text begin if your main business is farming.new text end Tools, machines, or office furniture used in your business deleted text begin or trade. This exemption is limited todeleted text end new text begin - the total value can't be more thannew text end $13,000deleted text begin .deleted text end new text begin ;new text end

(6) relief based on need. This includes deleted text begin thedeleted text end new text begin :new text end

new text begin (i) MFIP -new text end Minnesota Family Investment Program deleted text begin (MFIP), Emergency Assistance (EA), Work First Program, Medical Assistance (MA),deleted text end new text begin ;new text end

new text begin (ii) DWP - MFIP Diversionary Work Program; new text end

new text begin (iii) SNAP - Supplemental Nutrition Assistance Program; new text end

new text begin (iv) GA -new text end General Assistance deleted text begin (GA),deleted text end new text begin ;new text end

new text begin (v) EGA -new text end Emergency General Assistance deleted text begin (EGA),deleted text end new text begin ;new text end

new text begin (vi) MSA -new text end Minnesota Supplemental Aid deleted text begin (MSA),deleted text end new text begin ;new text end

new text begin (vii) MSA-EA - new text end MSA Emergency Assistance deleted text begin (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance.deleted text end new text begin ;new text end

new text begin (viii) EA - Emergency Assistance; new text end

new text begin (ix) Energy or Fuel Assistance; new text end

new text begin (x) Work Participation Cash Benefit; new text end

new text begin (xi) MA - Medical Assistance; new text end

new text begin (xii) MinnesotaCare; new text end

new text begin (xiii) Medicare Part B - Premium Payments help; new text end

new text begin (xiv) Medicare Part D - Extra; new text end

new text begin (xv) SSI - Supplemental Security Income; new text end

new text begin (xvi) Tax Credits - federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit; and new text end

new text begin (xvii) Renter's Refund (also called Renter's Property Tax Credit); new text end

new text begin (7) wages. 100% is protected if you get government assistance based on need. Otherwise, between 75-100% is protected depending on how much you earn; new text end

new text begin (8) retirement benefits - the total interest under all plans and contracts can't be more than $81,000; new text end

deleted text begin (7)deleted text end new text begin (9)new text end Social Security benefitsdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (8)deleted text end new text begin (10)new text end unemployment benefits, workers' compensation, or veterans' benefitsdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (9) An accident, disability or retirementdeleted text end new text begin (11) a retirement, disability, or accidentnew text end pension or annuitydeleted text begin .deleted text end new text begin ;new text end

deleted text begin (10)deleted text end new text begin (12)new text end life insurance proceedsdeleted text begin .deleted text end new text begin that are not more than $54,000;new text end

deleted text begin (11) Thedeleted text end new text begin (13)new text end earnings of your minor childdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (12)deleted text end new text begin (14)new text end money from a claim for damage or destruction of exempt property deleted text begin (such asdeleted text end new text begin - likenew text end household goods, farm tools, business equipment, a manufactured (mobile) home, or a deleted text begin car).deleted text end new text begin car;new text end

new text begin (15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious items. Total value can't be more than $2,000; new text end

new text begin (16) personal library - total value can't be more than $750; new text end

new text begin (17) musical instruments - total value can't be more than $2,000; new text end

new text begin (18) family pets - current value can't be more than $1,000; new text end

new text begin (19) a seat or pew in any house or place of public worship and a lot in any burial ground; new text end

new text begin (20) tools you need to work in your business or profession - the total value can't be more than $13,500; new text end

new text begin (21) household tools and equipment - things like hand and power tools, snow removal equipment, lawnmowers, and more. Total value can't be more than $3,000; and new text end

new text begin (22) health savings accounts, medical savings accounts - the total value can't be more than $25,000. new text end

Sec. 21.

Laws 2024, chapter 114, article 3, section 101, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective deleted text begin Aprildeleted text end new text begin Junenew text end 1, 2025, and applies to causes of action commenced on or after that date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2025. new text end

Sec. 22.

new text begin CONSTRUCTION AND APPLICATION. new text end

new text begin The forms in sections 1 to 20 must be made available on the state court website on or before June 1, 2025. The failure to use the forms as amended by sections 1 to 20 before June 1, 2025, is not a basis for a complaint or violation of a federal statute, Minnesota Statutes, or the Minnesota Rules of Professional Conduct. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 23.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 20 are effective June 1, 2025. new text end

Presented to the governor May 6, 2025

Signed by the governor May 8, 2025, 9:27 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes