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Minnesota Legislature

Office of the Revisor of Statutes

570.041 BONDING REQUIREMENTS.
    Subdivision 1. Amount and condition. Before issuing any order of attachment, the court
shall require the claimant to post a bond in the penal sum of at least $500, conditioned that if
judgment be given for the respondent or if the order is vacated, the claimant will pay all costs
that may be awarded against the claimant and all damages caused by the attachment. Damages
may be awarded in a sum in excess of the bond only if, before issuance of the order establishing
the amount of the bond, the respondent specifically notified the claimant and the court of the
likelihood that the respondent would suffer the specific damages, or the court finds that the
claimant acted in bad faith in bringing or pursuing the attachment proceeding. In establishing the
amount of the bond, the court shall consider the value and nature of the property attached, the
method of retention or storage of the property, the potential harm to the respondent or any party,
and other factors that the court deems appropriate. Nothing in this section shall modify or restrict
the application of section 549.20 or 549.211.
    Subd. 2. Modifications. The court may at any time modify the amount of the bond upon
its own motion or upon the motion of any party based on the value of the property attached, the
nature of the property attached, the methods of retention or storage of the property, the potential
harm to the respondent or any party, or other factor which the court deems appropriate.
    Subd. 3. Alternatives. In lieu of filing a bond, either the claimant or the respondent may
satisfy bonding requirements by depositing cash, a letter of credit, a cashier's check, or a certified
check with the court.
History: 1985 c 153 s 6; 1997 c 213 art 2 s 3