2006 Minnesota Statutes

CHAPTER 571. GARNISHMENT

571.01-571.31 [Repealed, 1945 c 424 s 27]

571.41 [Repealed, 1990 c 606 art 3 s 39]

571.42 [Repealed, 1990 c 606 art 3 s 39]

571.43 [Repealed, 1990 c 606 art 3 s 39]

571.44 [Repealed, 1990 c 606 art 3 s 39]

571.45 [Repealed, 1990 c 606 art 3 s 39]

571.46 [Repealed, 1990 c 606 art 3 s 39]

571.47 [Repealed, 1976 c 335 s 24]

571.471 [Repealed, 1990 c 606 art 3 s 39]

571.48 [Repealed, 1976 c 335 s 24]

571.49 [Repealed, 1976 c 335 s 24]

571.495 [Repealed, 1990 c 606 art 3 s 39]

571.50 [Repealed, 1990 c 606 art 3 s 39]

571.51 [Repealed, 1990 c 606 art 3 s 39]

571.52 [Repealed, 1990 c 606 art 3 s 39]

571.53 [Repealed, 1990 c 606 art 3 s 39]

571.54 [Repealed, 1990 c 606 art 3 s 39]

571.55 [Repealed, 1990 c 606 art 3 s 39]

571.56 [Repealed, 1990 c 606 art 3 s 39]

571.57 [Repealed, 1990 c 606 art 3 s 39]

571.58 [Repealed, 1990 c 606 art 3 s 39]

571.59 [Repealed, 1990 c 606 art 3 s 39]

571.60 [Repealed, 1990 c 606 art 3 s 39]

571.61 [Repealed, 1990 c 606 art 3 s 39]

571.62 [Repealed, 1990 c 606 art 3 s 39]

571.63 [Repealed, 1990 c 606 art 3 s 39]

571.64 [Repealed, 1990 c 606 art 3 s 39]

571.65 [Repealed, 1990 c 606 art 3 s 39]

    Subdivision 1.[Renumbered 181.063]
    Subd. 2.[Repealed, 1953 c 110 s 4; 1990 c 606 art 3 s 39]
    Subd. 3.[Repealed, 1953 c 110 s 4; 1990 c 606 art 3 s 39]

571.67 [Repealed, 1990 c 606 art 3 s 39]

571.68 [Repealed, 1990 c 606 art 3 s 39]

571.69 [Repealed, 1990 c 606 art 3 s 39]

571.71 GARNISHMENT; WHEN AUTHORIZED.
As an ancillary proceeding to a civil action for the recovery of money, a creditor may issue
a garnishment summons as provided in this chapter against any third party in the following
instances:
(1) at the time the civil action is commenced or at any time after the commencement of the
civil action, but before the entry of a judgment, if the court orders the issuance of the garnishment
summons pursuant to section 571.93;
(2) at any time 40 days or more after service of the summons and complaint upon the debtor
in the civil action when a judgment by default could have, but has not, been entered pursuant to
Rule 55.01(a) of the Minnesota Rules of Civil Procedure for the District Courts. No filing of a
pleading or other documents by the creditor is required to issue a garnishment summons under
this clause; however, the creditor must comply with the service requirement of section 571.72,
subdivision 4 ; or
(3) at any time after entry of a money judgment in the civil action.
History: 1990 c 606 art 3 s 1

571.711 SCOPE OF GENERAL AND SPECIFIC PROVISIONS.
General provisions and definitions relating to all garnishment proceedings, as authorized
in this chapter, are set forth in sections 571.71 to 571.90. Specific provisions relating to
garnishments involving financial institutions are set forth in sections 571.911 to 571.915. Specific
provisions relating to the garnishment of earnings are set forth in sections 571.92 to 571.927.
When a garnishment summons is issued against either earnings or funds in a financial institution,
the applicable provisions cited in this chapter must be complied with in addition to the general
provisions and definitions relating to all garnishment proceedings. Provisions contained in the
statutory forms are incorporated in this chapter and have the same force of law as any other
provision in this chapter.
History: 1990 c 606 art 3 s 2

571.712 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have
the meanings given them.
    Subd. 2. Definitions. (a) "Creditor" means the party who has a claim for the recovery of
money in the civil action whether that party is the plaintiff, defendant, or other party in the civil
action and who is issuing or requesting the issuance of a garnishment summons.
(b) "Debtor" means a party against whom the creditor has a claim for the recovery of money
in the civil action whether that party is the plaintiff, defendant, or other party in the civil action.
(c) "Garnishee" means the third party upon whom the garnishment summons is served.
(d) "Claim" means the unpaid balance of the creditor's judgment against the debtor or, in a
prejudgment garnishment proceeding, the unpaid balance of the creditor's claim against the debtor
and all lawful interest and costs and disbursements paid or incurred in the civil action or in the
garnishment proceedings.
    Subd. 3. Designation of parties. Each pleading or other document in the ancillary
proceeding of garnishment must designate each party as creditor or debtor or garnishee.
History: 1990 c 606 art 3 s 3

571.72 GENERAL GARNISHMENT PROVISIONS.
    Subdivision 1. Rules of Civil Procedure. Unless this chapter specifically provides
otherwise, the Rules of Civil Procedure for the District Courts shall apply in all proceedings
under this chapter.
    Subd. 2. Service of a garnishment summons. To enforce a claim asserted in a civil action
venued in a court of record, a garnishment summons may be issued by a creditor and served
upon the garnishee in the same manner as other summons in that court of record, except that
service may not be made by publication. Service of a garnishment summons on the garnishee
may also be made by certified mail, return receipt requested. A garnishment summons served
by certified mail is effective if served at the garnishee's regular place of business. The effective
date of service by certified mail is the time of receipt by the garnishee. A single garnishment
summons may be addressed to two or more garnishees but must state whether each is summoned
separately or jointly.
The garnishment summons must state:
(1) the full name of the debtor, the debtor's last known mailing address, and the amount
of the claim that remains unpaid;
(2) the date of the entry of judgment against the debtor or that the debtor is in default
pursuant to Rule 55.01 of the Minnesota Rules of Civil Procedure for the District Courts. Where
there is a prejudgment garnishment pursuant to section 571.93, the garnishment summons must
include a copy of the court order;
(3) if the garnishment is on any indebtedness, money, or property other than earnings, the
garnishee shall serve upon the creditor and upon the debtor within 20 days after service of the
garnishment summons, a written disclosure, of the garnishee's indebtedness, money, or other
property owing to the debtor and answers to all written interrogatories that are served with the
garnishment summons. The garnishment summons shall also state that if the garnishment is on
earnings and the debtor has garnishable earnings, the garnishee shall serve the disclosure within
ten days of the last payday to occur within the 70 days after the date of service of the garnishment
summons;
(4) that the creditor shall not require disclosure of the disposable earnings, indebtedness,
money, or property of debtor in the garnishee's possession or under the garnishee's control in
excess of 110 percent of the amount of the claim that remains unpaid;
(5) that the garnishee shall retain disposable earnings, indebtedness, money, or property
of the debtor in the garnishee's possession or under the garnishee's control not in excess of
110 percent of the amount of the claim that remains unpaid, until the creditor causes a writ of
execution to be served upon the garnishee, until the debtor authorizes release to the creditor, until
the creditor authorizes release to the debtor, upon court order, or by operation of law;
(6) that after the expiration of the period of time specified in section 571.79 from the date of
service of the garnishment summons, the garnishee's retention obligation automatically expires;
(7) that an assignment of wages made by the debtor within ten days before the service of the
first garnishment summons on a debt is void and that any indebtedness to the garnishee incurred
with ten days before the service of the first garnishment summons on a debt may not be set off
against amounts otherwise subject to the garnishment.
    Subd. 3. Representation by an attorney. Whenever a creditor is represented by an attorney,
a responsive pleading or document from the garnishee or debtor under this chapter must be served
on the creditor's attorney.
    Subd. 4. Service of garnishment summons on debtor. A copy of the garnishment summons
and copies of all other papers served on the garnishee must be served by mail at the last known
mailing address of the debtor not later than five days after the service is made upon the garnishee.
The first time a garnishment summons is served on the debtor pursuant to section 571.71, clause
(2), the creditor shall also serve a copy of the affidavit of service of the original summons and
complaint. Service of the garnishment documents on the debtor is effective upon mailing.
    Subd. 5. Garnishment disclosure form. The creditor shall serve with the garnishment
summons the applicable garnishment disclosure form substantially in the form set forth in section
571.75. The creditor may also serve written interrogatories with the garnishment summons.
    Subd. 6. Bad faith claim. If, in a proceeding brought under section 571.91, or a similar
proceeding under this chapter to determine a claim of exemption, the claim of exemption is not
upheld, and the court finds that it was asserted in bad faith, the creditor shall be awarded actual
damages, costs, reasonable attorney fees resulting from the additional proceedings, and an amount
not to exceed $100. If the claim of exemption is upheld, and the court finds that the creditor
disregarded the claim of exemption in bad faith, the debtor shall be awarded actual damages,
costs, reasonable attorney fees resulting from the additional proceedings, and an amount not to
exceed $100. The underlying judgment shall be modified to reflect assessment of damages, costs,
and attorney fees. However, if the party in whose favor a penalty assessment is made is not
actually indebted to that party's attorney for fees, the attorney's fee award shall be made directly
to the attorney and if not paid an appropriate judgment in favor of the attorney shall be entered.
    Subd. 7. Forms. No creditor shall use a form that contains alterations or changes from the
statutory forms that mislead debtors as to their rights and the garnishment procedure generally.
If a court finds that a creditor has used a misleading form, the debtor shall be awarded actual
damages, costs, reasonable attorney's fees resulting from additional proceedings, and an amount
not to exceed $100. All forms must be clearly legible and printed in not less than the equivalent of
10-point type. A form that uses both sides of a sheet must clearly indicate on the front side that
there is additional information on the back side of the sheet.
Forms, including the statutory forms, used in garnishments of earnings for the satisfaction of
judgments for child support must be changed by the creditor to reflect the fact that the 70-day
period of effectiveness does not apply to these garnishments if the judgment creditor is a county
and the employer is notified by the county when the judgment is satisfied.
    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.

	STATE OF MINNESOTA		DISTRICT COURT
	COUNTY OF		JUDICIAL DISTRICT
	(Creditor)
	against
	(Debtor)		EXEMPTION NOTICE
	and
	(Garnishee)

A Garnishment Summons is being served upon you. Some of your property may be exempt
and cannot be garnished. The following is a list of some of the more common exemptions. It is
not complete and is subject to section 550.37 of the Minnesota Statutes 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 garnishment. If you have questions about an exemption, you should
obtain legal advice.
(1) a homestead or the proceeds from the sale of a homestead;
(2) household furniture, appliances, phonographs, radios, and televisions up to a total current
value of $5,850;
(3) a manufactured (mobile) home used as your home;
(4) one motor vehicle currently worth less than $2,600 after deducting any security interest;
(5) farm machinery used by an individual principally engaged in farming, or tools, machines,
or office furniture used in your business or trade. This exemption is limited to $13,000;
(6) relief based on need. This includes:
(i) Minnesota Family Investment Program (MFIP) and Work First Program;
(ii) Medical Assistance (MA);
(iii) General Assistance (GA);
(iv) General Assistance Medical Care (GAMC);
(v) Emergency General Assistance (EGA);
(vi) Minnesota Supplemental AID (MSA);
(vii) MSA-Emergency Assistance (MSA-EA);
(viii) Supplemental Security Income (SSI);
(ix) Energy Assistance; and
(x) Emergency Assistance (EA);
(7) Social Security benefits;
(8) unemployment benefits, workers' compensation, or veteran's benefits;
(9) an accident, disability, or retirement pension or annuity;
(10) life insurance proceeds;
(11) earnings of your minor child; and
(12) money from a claim for damage or destruction of exempt property (such as household
goods, farm tools, business equipment, a manufactured (mobile) home, or a car).
    Subd. 9. Motion to determine objections. Upon motion of any party in interest, on notice,
the court shall determine the validity of any claim of exemption and may make any order
necessary to protect the rights of those interested.
History: 1990 c 606 art 3 s 4; 1993 c 156 s 15; 1994 c 488 s 8; 1999 c 107 s 66; 1999 c
159 s 148; 2000 c 343 s 4; 2000 c 405 s 17

571.73 PROPERTY ATTACHABLE BY GARNISHMENT; GOOD FAITH
REQUIREMENT.
    Subdivision 1. Retention obligation. Except as provided in subdivision 4 and section
571.79, service of the garnishment summons upon the garnishee shall obligate the garnishee to
retain possession and control of the disposable earnings, indebtedness, money, and property of
the debtor specified in subdivision 3, except that the garnishee shall not retain possession and
control of disposable earnings, indebtedness, money, or property of the debtor in the garnishee's
possession or under the garnishee's control in excess of 110 percent of the amount claimed by the
creditor in the garnishment summons.
    Subd. 2. Garnishee good faith requirement. The garnishee is not liable to the debtor,
creditor, or other person for wrongful retention if the garnishee retains disposable earnings,
indebtedness, money, or property of the debtor or any other person, pending the garnishee's
disclosure or consistent with the disclosure the garnishee makes, if the garnishee has a good faith
belief that the property retained is subject to the garnishment summons. In addition, the garnishee
may, at any time before or after disclosure, proceed under Rule 67 of the Minnesota Rules of Civil
Procedure for the District Courts to make deposit into court. No garnishee is liable for damages
if the garnishee complies with the provisions of this chapter.
    Subd. 3. Property attachable. Subject to the exemptions provided by sections 550.37
and 571.922 and any other applicable statute, the service of a garnishment summons under this
chapter attaches:
(1) except as otherwise provided in clause (4), all unpaid nonexempt disposable earnings
owed or to be owed by the garnishee and earned or to be earned by the debtor within the pay
period in which the garnishment summons is served and within all subsequent pay periods whose
paydays occur within the 70 days after the date of service of the garnishment summons. "Payday"
means the day upon which the garnishee pays earnings to the debtor 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;
(2) all other nonexempt indebtedness, money, or other property due or belonging to the
debtor and owing by the garnishee or in the possession or under the control of the garnishee at
the time of service of the garnishment summons, whether or not the same has become payable.
The garnishee shall not be compelled to pay or deliver the same before the time specified by
any agreement unless the agreement was fraudulently contracted to defeat a garnishment or
other collection remedy;
(3) all other nonexempt intangible or tangible personal property of the debtor in the
possession or under the control of the garnishee at the time of service of the garnishment
summons, including property of any kind due from or in the hands of an executor, administrator,
personal representative, receiver, or trustee, and all written evidences of indebtedness whether or
not negotiable or not yet underdue or overdue; and
(4) for a garnishment on a judgment for child support by a county, all unpaid nonexempt
disposable earnings owed or to be owed by the garnishee and earned or to be earned by the debtor
within the pay period in which the garnishment summons is served and within all subsequent pay
periods until the judgment is satisfied.
    Subd. 4. Property not attachable. The following property is not subject to attachment
by garnishment:
(1) any indebtedness, money, or other property due to the debtor, unless at the time of the
garnishment summons the same is due absolutely or does not depend upon any contingency;
(2) any judgment in favor of the debtor against the garnishee, if the garnishee or the
garnishee's property is liable on an execution levy upon the judgment;
(3) any debt owed by the garnishee to the debtor for which any negotiable instrument has
been issued or endorsed by the garnishee;
(4) any indebtedness, money, or other property due to the debtor where the debtor is a
bank, savings bank, trust company, credit union, savings association, or industrial loan and thrift
companies with deposit liabilities;
(5) any indebtedness, money, or other property due to the debtor with a cumulative value
of less than $10; and
(6) any disposable earnings, indebtedness, money, or property that is exempt under
Minnesota or federal law.
History: 1990 c 606 art 3 s 5; 1993 c 156 s 16; 1995 c 202 art 1 s 25

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.

	GARNISHMENT SUMMONS
	STATE OF MINNESOTA		DISTRICT COURT
	COUNTY OF		JUDICIAL DISTRICT
	(Creditor)
	(Debtor)		UNPAID BALANCE
	(Debtor's Address)		Date of Entry
	(Garnishee)		of Judgment (or) Subject to Minnesota Statutes, section 571.71, subd. 2

GARNISHMENT SUMMONS

The State of Minnesota
To the Garnishee named above:
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 70 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.
Your disclosure need not exceed 110 percent of the amount of the creditor's claim that
remains unpaid.
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.

EARNINGS

In the event you are summoned as a garnishee because you owe "earnings" (as defined on the
Earnings Garnishment Disclosure form attached to this Garnishment Summons, if applicable)
to the debtor, then you are required to serve upon the creditor's attorney, or the creditor if not
represented by an attorney, a written earnings disclosure form within the time limit set forth above.
In the case of earnings you are further required to retain in your possession all unpaid
nonexempt disposable earnings owed or to be owed by you and earned or to be earned to the
debtor within the pay period in which this garnishment summons is served and within all
subsequent pay periods whose paydays (defined above) occur within the 70 days after the date of
service of this garnishment summons.
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 are prohibited by law from discharging or disciplining the debtor because the debtor's
earnings have been subject to garnishment.
This Garnishment Summons includes:
(check applicable box)

			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

A Garnishment Summons, Earnings Garnishment Disclosure form, Nonwage Garnishment
Disclosure form, Garnishment Exemption Notices and/or written Interrogatories (strike out if
not applicable), copies of which are hereby served on you, were served upon the Garnishee by
delivering copies to the Garnishee. The Garnishee was paid $15.

	Dated:
		Attorney for Creditor (or creditor)
		Address
		Telephone
		Attorney I.D. No

History: 1990 c 606 art 3 s 6; 2000 c 405 s 18

571.75 GARNISHEE DISCLOSURE.
    Subdivision 1. Garnishee to disclose. The garnishee shall serve on both the creditor and
the debtor, within 20 days after service of the garnishment summons, a written disclosure of
the garnishee's indebtedness, money, or other property owing to the debtor. However, if the
garnishment is on earnings and the debtor has garnishable earnings, the garnishee shall serve the
disclosure and earnings disclosure worksheet within ten days after the last payday to occur within
the 70 days after the date of the service of this garnishment summons. "Payday" means the day
upon which the garnishee pays earnings to the debtor 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.
The amount of the garnishee's disclosure need not exceed 110 percent of the amount of the
creditor's claim that remains unpaid, after subtracting the total of setoffs, defenses, exemptions,
ownership claims, or other interests. The answers to the garnishment disclosure form may be
served personally or by first class mail. If the disclosure is by a corporation, it shall be made by an
officer, managing agent, or other authorized person having knowledge of the facts.
    Subd. 2. Contents of disclosure. The disclosure must state:
(a) If an earnings garnishment disclosure, the amount of disposable earnings earned by the
debtor within the debtor's pay periods as specified in section 571.921.
(b) If a nonearnings garnishment disclosure, a description of any personal property or any
instrument or papers relating to this property belonging to the judgment debtor or in which the
debtor is interested or other indebtedness of the garnishee to the debtor.
(c) If the garnishee asserts any setoff, defense, claim, or lien on disposable earnings, other
indebtedness, money, or property, the garnishee shall disclose the amount and the facts concerning
the same.
(d) Whether the debtor asserts any exemption, or any other objection, known to the garnishee
against the right of the creditor to garnish the disposable earnings, other indebtedness, money,
or property disclosed.
(e) If other persons assert claims to any disposable earnings, other indebtedness, money, or
property disclosed, the garnishee shall disclose the names and addresses of these claimants and,
so far as known by the garnishee, the nature of their claims.
(f) The garnishment disclosure forms and earnings disclosure worksheet must be the same or
substantially similar to the following forms. If the garnishment affects earnings of the debtor,
the creditor shall use the earnings garnishment disclosure form. If the garnishment affects any
indebtedness, money, or property of the debtor, other than earnings, the creditor shall use
the nonearnings garnishment disclosure form. Nothing contained in this paragraph limits the
simultaneous use of the earnings and nonearnings garnishment disclosure forms.

EARNINGS DISCLOSURE FORM AND WORKSHEET

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

DEFINITIONS

"EARNINGS": For the purpose of garnishment, "earnings" means compensation paid or
payable to an employee for personal services or compensation paid or payable to the producer for
the sale of agricultural products; milk or milk products; or fruit or other horticultural products
produced when the producer is operating a family farm, a family farm corporation, or an
authorized farm corporation, as defined in section 500.24, subdivision 2, whether denominated
as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant
to a pension or retirement.
"DISPOSABLE EARNINGS": Means that part of the earnings of an individual remaining
after the deduction from those earnings of amounts required by law to be withheld. (Amounts
required by law to be withheld do not include items such as health insurance, charitable
contributions, or other voluntary wage deductions.)
"PAYDAY": For the purpose of garnishment, "payday(s)" means the date(s) upon which
the employer pays earnings to the debtor in the ordinary course of business. If the debtor has no
regular payday, payday(s) means the fifteenth and the last day of each month.
THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTIONS:
1. Do you now owe, or within 70 days from the date the garnishment summons was served
on you, will you or do you expect to owe money to the debtor for earnings?

Yes

No

    2. Does the debtor earn more than $........ per week? (This amount is the federal minimum
wage per week.)

Yes

No

INSTRUCTIONS FOR COMPLETING THE

EARNINGS DISCLOSURE
A. If your answer to either question 1 or 2 is "No," then you must sign the affirmation on
Page 2 and return this disclosure to the creditor's attorney (or the creditor if not represented
by an attorney) within 20 days after it was served on you, and you do not need to answer the
remaining questions.
B. If your answers to both questions 1 and 2 are "Yes," you must complete this form and the
Earnings Disclosure Worksheet as follows:
For each payday that falls within 70 days from the date the garnishment summons was
served on you, YOU MUST calculate the amount of earnings to be retained by completing
Steps 3 through 11, and enter the amounts on the Earnings Disclosure Worksheet. UPON
REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH INFORMATION
AS TO HOW THE CALCULATIONS REQUIRED BY THIS DISCLOSURE WERE
MADE.
Each payday, you must retain the amount of earnings listed in Column I on the Earnings
Disclosure Worksheet.
You must return this Earnings Disclosure Form and the Earnings Disclosure Worksheet to
the creditor's attorney (or the creditor if not represented by an attorney) and deliver a copy
to the debtor within ten days after the last payday that falls within the 70-day period.
If the claim is wholly satisfied or if the debtor's employment ends before the expiration of
the 70-day period, your disclosure should be made within ten days after the last payday
for which earnings were attached.
For Steps 3 through 11, "Columns" refers to columns on the Earnings Disclosure Worksheet.

	3.	COLUMN A.		Enter the date of debtor's payday.
	4.	COLUMN B.		Enter debtor's gross earnings for each payday.
	5.	COLUMN C.		Enter debtor's disposable earnings for each payday.
	6.	COLUMN D.		Enter 25 percent of disposable earnings. (Multiply Column C by .25.)
	7.	COLUMN E.		Enter here 40 times the hourly federal minimum wage ($..........) times the number of work weeks included in each payday. (Note: If a pay period includes days in excess of whole work weeks, the additional days should be counted as a fraction of a work week equal to the number of work days in excess of a whole work week divided by the number of work days in a normal work week.)
	8.	COLUMN F.		Subtract the amount in Column E from the amount in Column C, and enter here.
	9.	COLUMN G.		Enter here the lesser of the amount in Column D and the amount in Column F.
	10.	COLUMN H.		Enter here any amount claimed by you as a setoff, defense, lien, or claim, or any amount claimed by any other person as an exemption or adverse interest which would reduce the amount of earnings owing to the debtor. (Note: Any indebtedness to you incurred by the debtor within the ten days before the receipt of the first garnishment on a debt may not be set off against amounts otherwise subject to the garnishment. Any assignment of earnings made by the debtor to any party within ten days before the receipt of the first garnishment on a debt is void.)
				You must also describe your claim(s) and the claims of others, if known, in the space provided below the worksheet and state the name(s) and address(es) of these persons.
				Enter zero in Column H if there are no claims by you or others which would reduce the amount of earnings owing to the debtor.
	11.	COLUMN I.		Subtract the amount in Column H from the amount in Column G and enter here. This is the amount of earnings that you must retain for the payday for which the calculations were made.

AFFIRMATION

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

	Dated:
		Signature
		Title
		Telephone Number

EARNINGS DISCLOSURE WORKSHEET

.............................

Debtor's Name

	A		B		C
	Payday		Gross		Disposable
	Date		Earnings		Earnings

	1.
	2.
	3.
	4.
	5.
	6.
	7.
	8.
	9.
	10.

	D		E		F
	25% of Column C		40 X Min. Wage		Column C minus Column E

	1.
	2.
	3.
	4.
	5.
	6.
	7.
	8.
	9.
	10.

	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.
	8.
	9.
	10.
				TOTAL OF COLUMN I		$

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

---

---

---

AFFIRMATION

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

EARNINGS DISCLOSURE FORM AND WORKSHEET

FOR CHILD SUPPORT DEBTOR

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

DEFINITIONS

"EARNINGS": For the purpose of execution, "earnings" means compensation paid or
payable to an employee for personal services or compensation paid or payable to the producer for
the sale of agricultural products; milk or milk products; or fruit or other horticultural products
produced when the producer is operating a family farm, a family farm corporation, or an
authorized farm corporation, as defined in section 500.24, subdivision 2, whether denominated as
wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a
pension or retirement, workers' compensation, or unemployment 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 70 days from the date the execution levy was served on you,
will you or may you owe money to the debtor for earnings?

Yes

No

INSTRUCTIONS FOR COMPLETING THE

EARNINGS DISCLOSURE
A. If your answer to question 1 is "No," then you must sign the affirmation below and return
this disclosure to the creditor's attorney (or the creditor if not represented by an attorney) within
20 days after it was served on you, and you do not need to answer the remaining questions.
B. If your answer to question 1 is "Yes," you must complete this form and the Earnings
Disclosure Worksheet as follows:
For each payday that falls within 70 days from the date the garnishment summons
was served on you, YOU MUST calculate the amount of earnings to be retained by
completing steps 2 through 8 on page 2, and enter the amounts on the Earnings Disclosure
Worksheet. UPON REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR
WITH INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS
DISCLOSURE WERE MADE.
Each payday, you must retain the amount of earnings listed in column G on the Earnings
Disclosure Worksheet.
You must pay the attached earnings and return this earnings disclosure form and the
Earnings Disclosure Worksheet to the creditor's attorney (or the creditor if not represented
by an attorney) and deliver a copy to the debtor within ten days after the last payday that
falls within the 70-day period. If the claim is wholly satisfied or if the debtor's employment
ends before the expiration of the 70-day period, your disclosure should be made within ten
days after the last payday for which earnings were attached.
For steps 2 through 8, "columns" refers to columns on the Earnings Disclosure Worksheet.
(2) COLUMN A. Enter the date of debtor's payday.
(3) COLUMN B. Enter debtor's gross earnings for each payday.
(4) COLUMN C. Enter debtor's disposable earnings for each payday.
(5) COLUMN D. Enter either 50, 55, 60, or 65 percent of disposable earnings, based on
which of the following descriptions fits the child support judgment debtor:
(a) 50 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received);
(b) 55 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received);
(c) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received); or
(d) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received). (Multiply
column C by .50, .55, .60, or .65, as appropriate.)
(6) COLUMN E. 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		Gross		Disposable
	Date		Earnings		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

	STATE OF MINNESOTA	DISTRICT COURT
	COUNTY OF	JUDICIAL DISTRICT
	(Creditor)
	against
	(Debtor)	NONEARNINGS DISCLOSURE
	and
	(Garnishee)

On the ......... day of .............., ............, the time of service of garnishment summons herein,
there was due and owing the debtor from the garnishee the following:
(1) Money. Enter on the line below any amounts due and owing the debtor, except earnings,
from the garnishee.

---

(2) Property. Describe on the line below any personal property, instruments, or papers
belonging to the debtor and in the possession of the garnishee.

---

(3) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim which
the garnishee claims against the amount set forth on lines (1) and (2) above. State the facts by
which the setoff, defense, lien, or claim is claimed. (Any indebtedness to a garnishee incurred by
the debtor within the ten days before the receipt of the first garnishment on a debt may not be
set off against amounts otherwise subject to the garnishment.)

---

(4) Exemption. Enter on the line below any amounts or property claimed by the debtor to
be exempt from execution.

---

(5) Adverse Interest. Enter on the line below any amounts claimed by other persons by
reason of ownership or interest in the debtor's property.

---

(6) Enter on the line below the total of lines (3), (4), and (5).

---

(7) Enter on the line below the difference obtained (never less than zero) when line (6) is
subtracted from the sum of lines (1) and (2).

---

(8) Enter on the line below 110 percent of the amount of the creditor's claim which remains
unpaid.

---

(9) Enter on the line below the lesser of line (7) and line (8). Retain this amount only if it
is $10 or more.

---

AFFIRMATION

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

	Dated:
		Signature
		Title
		Telephone Number

    Subd. 3. Oral disclosure. Before or after the service of a written disclosure by a garnishee
under subdivision 1, upon a showing by affidavit upon information and belief that an oral
examination of the garnishee would provide a complete disclosure of relevant facts, any party
to the garnishment proceedings may obtain an ex parte order requiring the garnishee, or a
representative of the garnishee designated by name or by title, to appear for oral examination
before the court or a referee appointed by the court. Notice of the examination must be given to
all parties.
    Subd. 4. Supplemental complaint. If a garnishee holds property, money, or other
indebtedness by a title that is void as to the debtor's creditors, the property may be garnished
although the debtor would be barred from maintaining an action to recover the property, money,
or indebtedness. In this and all other cases where the garnishee denies liability, the creditor may
move the court at any time before the garnishee is discharged, on notice to both the debtor and the
garnishee for an order making the garnishee a party to the civil action and granting the creditor
leave to file a supplemental complaint against the garnishee and the debtor. The supplemental
complaint shall set forth the facts upon which the creditor claims to charge the garnishee. If
probable cause is shown, the motion shall be granted. The supplemental complaint shall be served
upon the garnishee and the debtor and any other parties. The parties served shall answer or
respond pursuant to the Minnesota Rules of Civil Procedure for the District Courts, and if they
fail to do so, judgment by default may be rendered against them pursuant to section 571.82.
History: 1990 c 606 art 3 s 7; 1991 c 156 s 19; 1991 c 199 art 1 s 82; 1994 c 488 s 8; 1998 c
254 art 1 s 107; 1999 c 107 s 66; 2000 c 343 s 4

571.76 GARNISHEE FEES.
A garnishee shall be paid a $15 fee by the creditor at the time of service of a garnishment
summons. Failure to pay the fee renders the garnishment void, and the garnishee shall take no
action. If a garnishee is required to appear and submit to oral examination, the garnishee shall be
tendered, in advance of the examination, fees and mileage for attendance at the rate allowed by
law to a witness. These fees may be recovered by the creditor as an allowable disbursement. In
extraordinary cases, the garnishee may be allowed additional sums the court considers reasonable
for attorneys fees and other necessary expenses. The court shall then determine which party bears
the burden of this expense. If specific articles of personal property are garnished, the garnishee is
not required to deliver the property to any person until payment of the garnishee's reasonable
charges for storage.
History: 1990 c 606 art 3 s 8

571.77 SALARY OF PUBLIC SERVANTS.
The salary or wages of an official or employee of a county, town, city, or school district, or
any department of these bodies, is subject to garnishment. The garnishment summons shall be
served upon the auditor, treasurer, or clerk of the body, or head of the department of the body
of which that person is an official or employee. The disclosure shall be made by the officer or
person so served, or by some person designated by that person having knowledge of the facts. If
payment is made by the county, town, city, or school district, or any department of these bodies
pursuant to a judgment against it as garnishee, a certified copy of the judgment with a certificate
of satisfaction to the extent of the payment endorsed on it shall be delivered to the treasurer as a
voucher for the payment.
History: 1990 c 606 art 3 s 9

571.771 MONEY DUE FROM STATE DEPARTMENTS.
Money due or owing to any entity or person by the state on account of any employment,
work, contract with, or services provided to any state department or agency is subject to
garnishment. The garnishment summons may be served upon the head of the department or
agency in the same manner as other summons in that court of record except that service may not
be made by publication. Service of the garnishment summons may also be made by certified mail,
return receipt requested. The disclosure must be made by the head of the department or agency,
or by some person designated by the head having knowledge of the facts. If payment is made
pursuant to judgment against the state as garnishee, a certificate of satisfaction to the extent
of the payment endorsed on it must be delivered to the head of the department or agency as a
voucher for the payment.
History: 2000 c 405 s 19

571.78 DUTIES OF A GARNISHEE.
A garnishee shall:
(1) complete the garnishment disclosure form and return it to the creditor, and serve a copy
on the debtor as required by section 571.75;
(2) retain nonexempt disposable earnings, indebtedness, money, or other property belonging
to the debtor up to 110 percent of the amount claimed in the garnishment summons, as required
by section 571.73, except as limited by section 571.922;
(3)(a) remit and deliver the garnished nonexempt disposable earnings, indebtedness, money,
or other property to the creditor upon levy, written authorization of the debtor, court order, or
operation of law. However, the garnishee shall not be compelled to deliver the nonexempt
earnings, indebtedness, money, or other property at any time or place other than as stipulated in
the contract between the garnishee and the debtor; or
(b) return the garnished nonexempt disposable earnings, indebtedness, money, or other
property to the debtor when the garnishment retention period expires as set forth in section 571.79.
History: 1990 c 606 art 3 s 10

571.79 DISCHARGE OF A GARNISHEE.
Except as provided in paragraph (h), the garnishee, after disclosure, shall be discharged of
any further retention obligation to the creditor with respect to a specific garnishment summons
when one of the following conditions are met:
(a) The garnishee discloses that the garnishee is not indebted to the debtor or does not
possess any money or other property belonging to the debtor that is attachable as defined in
section 571.73, subdivision 3. The disclosure is conclusive against the creditor and discharges the
garnishee from any further obligation to the creditor other than to retain all nonexempt disposable
earnings, indebtedness, money, and property of the debtor which was disclosed.
(b) The garnishee discloses that the garnishee is indebted to the debtor as indicated on the
garnishment disclosure form. The disclosure is conclusive against the creditor and discharges the
garnishee from any further obligation to the creditor other than to retain all nonexempt disposable
earnings, indebtedness, money, and property of the debtor that was disclosed.
(c) If the garnishee was served with a garnishment summons before entry of judgment
against the debtor by the creditor in the civil action and the garnishee has retained any disposable
earnings, indebtedness, money, or property of the debtor, 270 days after the garnishment summons
is served the garnishee is discharged and the garnishee shall return any disposable earnings,
indebtedness, money, and property to the debtor.
(d) If the garnishee was served with a garnishment summons after entry of judgment against
the debtor by the creditor in the civil action and the garnishee has retained any disposable
earnings, indebtedness, money, or property of the debtor, 180 days after the garnishment summons
is served the garnishee is discharged and the garnishee shall return any disposable earnings, other
indebtedness, money, and property to the debtor.
(e) If the garnished indebtedness, money, or other property is destroyed without any
negligence of the garnishee, the garnishee is discharged of any liability to the creditor for
nondelivery of the garnished indebtedness, money, and other property.
(f) The court may, upon motion of an interested person, discharge the garnishee as to any
disposable earnings, other indebtedness, money, and property in excess of the amount that may be
required to satisfy the creditor's claim.
(g) The discharge of the garnishee pursuant to paragraph (a), (b), (c), or (d) is not
determinative of the rights of the creditor, debtor, or garnishee with respect to any other
garnishment summons, even another garnishment summons involving the same parties, unless
and to the extent adjudicated pursuant to the procedures described in paragraph (h).
(h) The garnishee is not discharged if within 20 days of the service of the garnishee's
disclosure or the return to the debtor of any disposable earnings, indebtedness money, or other
property of the debtor, whichever is later, an interested person (1) serves a motion scheduled to
be heard within 30 days of the service of the motion relating to the garnishment, or (2) serves a
motion scheduled to be heard within 30 days of the service of the motion for leave to file a
supplemental complaint against the garnishee, as provided under section 571.75, subdivision 4,
and the court upon proper showing vacates the discharge of the garnishee.
History: 1990 c 606 art 3 s 11; 2000 c 405 s 20

571.80 [Repealed, 2000 c 405 s 25]

571.81 GARNISHMENT LIEN; PRIORITIES OF CREDITORS.
    Subdivision 1. Garnishment lien. From the time of service of a garnishment summons upon
a garnishee, either before or after judgment, the creditor has a perfected lien upon all disposable
earnings, indebtedness, money, or other property of the debtor that is attached by garnishment
pursuant to section 571.73, subdivision 3.
    Subd. 2. Priorities of creditors. Except as provided in this subdivision or in section
518A.53, a perfected lien by garnishment is subordinate to a preexisting voluntary or involuntary
transfer, setoff, security interest, lien, or other encumbrance that is perfected, but a lien perfected
by garnishment is superior to such interests subsequently perfected. Priorities of creditors relating
to multiple wage garnishments are set forth in section 571.923. An 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 the 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.
    Subd. 3. Continuity of garnishment lien. When a lien by garnishment is perfected in
disposable earnings, indebtedness, money, or property, neither that lien nor the date and priority
of that lien is lost for any purpose when the creditor: (1) obtains the debtor's assignment of the
same to the creditor; (2) levies execution upon the same or against the garnishee whether or not a
release of garnishment accompanies the levy; or (3) obtains a court-ordered sale of the same.
History: 1990 c 606 art 3 s 13; 1991 c 199 art 1 s 83; 1997 c 203 art 6 s 92; 2005 c 164 s
29; 1Sp2005 c 7 s 28

571.82 JUDGMENT AGAINST GARNISHEE.
    Subdivision 1. Judgment upon failure to disclose. If a garnishee fails to serve a disclosure
as required in this chapter, the court may render judgment against the garnishee, upon motion by
the creditor, for an amount not exceeding 110 percent of the amount claimed in the garnishment
summons. The motion shall be supported by an affidavit of the facts and shall be served upon
both the debtor and the garnishee. The court upon good cause shown may remove the default and
permit the garnishee to disclose on just terms.
    Subd. 2. Limitation of liability. Judgment against a garnishee shall be rendered, if at all,
for the amount due to the debtor, or as much as may be necessary to satisfy the creditor's claim
against the debtor, with costs taxed and allowed in the proceeding against the garnishee but
not to exceed 110 percent of the amount claimed in the garnishment summons. This judgment
discharges the garnishee from all claims of all parties named in the process in and to the property
or money paid, delivered, or accounted for by the garnishee by force of the judgment.
History: 1990 c 606 art 3 s 14; 2000 c 405 s 21

571.83 JOINDER AND INTERVENTION BY PERSONS IN INTEREST.
If it appears that a person, who is not a party to the action, has or claims an interest in any
of the disposable earnings, other indebtedness, money, or other property, the court shall permit
that person to intervene or join in the garnishment proceeding. If that person does not appear, the
court may summon that person to appear or order the claim barred. The person so appearing or
summoned shall be joined as a party and be bound by the judgment.
History: 1990 c 606 art 3 s 15

571.84 VALUATION AND DISPOSITION OF PROPERTY IN HANDS OF THE
GARNISHEE.
On motion of a person in interest the court may: (1) determine the value of property of the
debtor in the hands of the garnishee; (2) make an order relative to the keeping, delivery, or sale of
the property that is necessary to protect the rights of those interested; or (3) require the property
to be delivered to a receiver or other person appointed by the court. If the garnishee refuses or
neglects to comply with an order of the court, the garnishee may be held in contempt of court, and
is also liable to the creditor for the value of the property, less the amount of a lien.
History: 1990 c 606 art 3 s 16

571.85 LIEN OF GARNISHEE.
If it appears that the garnishee has a security interest or lien on the indebtedness or property,
the creditor, on motion, may be permitted to pay the amount of the lien or security interest,
and the amount that is paid shall be repaid to the creditor, with interest, out of the proceeds
from the sale of the indebtedness or property. The garnishee may sell the property to satisfy the
lien, if a sale is authorized by the contract between the debtor and garnishee, at any time before
the payment or tender.
History: 1990 c 606 art 3 s 17

571.86 DISCHARGE NOT A BAR.
If a person summoned as a garnishee is discharged pursuant to section 571.79, or released by
the creditor, the discharge is no bar to an action brought against the garnishee by the debtor or
other claimants.
History: 1990 c 606 art 3 s 18

571.87 TRANSFER TO ANOTHER COURT.
In case of a change in venue or removal to a United States District Court, whether before
or after full disclosure, the garnishment proceeding must be changed to the county or court to
which the action is transferred. Written notice of the transfer, specifying the court to which the
transfer is made, shall be served by the creditor on the garnishee. The transfer carries with it all
pending proceedings and any disclosure made in those proceedings.
History: 1990 c 606 art 3 s 19

571.88 APPEAL.
A party to a garnishment proceeding aggrieved by an order or final judgment may appeal as
in other civil cases.
History: 1990 c 606 art 3 s 20

571.90 PENALTY IN CERTAIN GARNISHMENT PROCEEDINGS.
A creditor who serves or causes to be served a garnishment summons before entry of
judgment in the main action, except when garnishment before entry of judgment is permitted
under this chapter, is liable to the debtor named in the garnishment proceedings in the amount of
$100, plus actual damages, plus reasonable attorney's fees and costs. Any action by a creditor
made in bad faith and in violation of this chapter renders the garnishment void and the creditor
liable to the debtor named in the garnishment in the amount of $100, actual damages, and
reasonable attorney's fees and costs.
History: 1990 c 606 art 3 s 21

571.91 GARNISHMENT OF FUNDS AT A FINANCIAL INSTITUTION.
Sections 571.911 to 571.915 relate to the garnishment of funds at a financial institution.
History: 1990 c 606 art 3 s 22

571.911 EXEMPTION NOTICE; DUTY OF FINANCIAL INSTITUTION.
If the garnishment summons is used to garnish funds of a debtor who is a natural person and
if the funds to be garnished are held on deposit at a financial institution, the creditor shall serve
with the garnishee summons two copies of an exemption notice. The notice must be substantially
in the form set forth in section 571.912. Failure of the creditor to send the exemption notice
renders the garnishment void, and the financial institution shall take no action. Upon receipt of the
garnishment summons and exemption notices, the financial institution shall retain as much of the
amount under section 571.73 as the financial institution has on deposit owing to the debtor, but
not more than 110 percent of the creditor's claim.
History: 1990 c 606 art 3 s 23

571.912 FORM OF EXEMPTION NOTICE.
The notice informing a debtor that an order for attachment, garnishment summons, or levy
by execution has been used to attach funds of the debtor to satisfy a claim must be substantially in
the following form:

	STATE OF MINNESOTA		DISTRICT COURT
	COUNTY OF		JUDICIAL DISTRICT
	(Creditor)
	(Debtor)
	TO: Debtor		EXEMPTION NOTICE

An order for attachment, garnishment summons, or levy of execution (strike inapplicable
language) has been served on ............ (bank or other financial institution) ............... where you
have an account.
Your account balance is $..................
The amount being held is $.................
However, all or a portion of the funds in your account will normally be exempt from
creditors' claims if they are in one of the following categories:
(1) relief based on need. This includes the Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance
(GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA),
Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental
Security Income (SSI), and Energy Assistance;
(2) Social Security benefits (Old Age, Survivors, or Disability Insurance);
(3) unemployment benefits, workers' compensation, or veterans' benefits;
(4) an accident, disability, or retirement pension or annuity;
(5) life insurance proceeds;
(6) the earnings of your minor child and any child support paid to you; or
(7) money from a claim for damage or destruction of exempt property (such as household
goods, farm tools, business equipment, a mobile home, or a car).
The following funds are also exempt:
(8) all earnings of a person in category (1);
(9) all earnings of a person who has received relief based on need, or who has been an
inmate of a correctional institution, within the last six months;
(10) 75 percent of every debtor's after tax earnings; and
(11) all of a debtor's after tax earnings below 40 times the federal minimum wage.
TIME LIMIT ON EXEMPTIONS AFTER DEPOSIT IN BANK:
Categories (10) and (11): 20 days
Categories (8) and (9): 60 days
All others: no time limit, as long as funds are traceable to the exempt source. (In tracing
funds, the first-in, first-out method is used. This means money deposited first is spent first.)
The money being sought by the creditor is being held in your account to give you a chance to
claim an exemption.
TO CLAIM AN EXEMPTION:
Fill out, sign, and mail or deliver one copy of the attached exemption claim form to the
institution which sent you this notice and mail or deliver one copy to the creditor's attorney. In
the event that there is no attorney for the creditor, then such notice shall be sent directly to the
creditor. The address for the creditor's attorney or the creditor is set forth below. Both copies
must be mailed or delivered on the same day.
NOTE: You may help resolve your claim faster if you send to the creditor's attorney
written proof or documents that show why your money is exempt. If you have
questions regarding the documents to send as proof of an exemption, call the creditor's
attorney. If you do not send written proof and the creditor's attorney has questions
about your exemption claim, the creditor's attorney may object to your claim which
may result in a further delay in releasing your exempt funds.
If they do not get the exemption claim back from you within 14 days of the date they mailed
or gave it to you, they will be free to turn the money over to the sheriff or the creditor. If you
are going to claim an exemption, do so as soon as possible, because your money may be held
until it is decided.
IF YOU CLAIM AN EXEMPTION:
(1) nonexempt money can be turned over to the creditor or sheriff;
(2) the financial institution will keep holding the money claimed to be exempt; and
(3) seven days after receiving your exemption claim, the financial institution will release the
money to you unless before then it receives an objection to your exemption claim.
IF THE CREDITOR OBJECTS TO YOUR EXEMPTION CLAIM:
The institution will hold the money until a court decides if your exemption claim is valid,
BUT ONLY IF the institution gets a copy of your court motion papers asserting the exemption
WITHIN TEN DAYS after the objection is personally served on you, or within 13 days from the
date the objection is mailed to you. You may wish to consult an attorney at once if the creditor
objects to your exemption claim.
MOTION TO DETERMINE EXEMPTION:
At any time after your funds have been held, you may ask for a court decision on the validity
of your exemption claim by filing a request for hearing which may be obtained at the office
of the court administrator of the above court.
PENALTIES:
If you claim an exemption in bad faith, or if the creditor wrongly objects to an exemption in
bad faith, the court may order the person who acted in bad faith to pay costs, actual damages,
attorney fees, and an additional amount of up to $100.

		Name and address of (Attorney for) Judgment Creditor

EXEMPTION:
(If you claim an exemption complete the following):
(a) Amount of exemption claim.
/ / I claim ALL the funds being held are exempt.
/ / I claim SOME of the funds being held are exempt.

The exempt amount is $............

(b) Basis for exemption.
Of the eleven categories listed above, I am in category number ............ (If more than one
category applies, you may fill in as many as apply.) The source of the exempt funds is the
following:
(If the source is a type of relief based on need, list the case number and county:
case number: ...............;
county: ....................)
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 its attorney only whether or
not I am or have been a recipient of relief based on need or an inmate of a correctional institute
within the last six months.
I have mailed or delivered a copy of the exemption notice to the creditor's attorney at the
address indicated above.

	DATED:
			DEBTOR
			DEBTOR ADDRESS
			DEBTOR TELEPHONE NUMBER

History: 1990 c 606 art 3 s 24; 1992 c 464 art 1 s 56; 1993 c 156 s 17; 1994 c 488 s 8; 1999
c 107 s 66; 1999 c 159 s 149; 2000 c 343 s 4; 2000 c 405 s 22

571.913 EFFECT OF EXEMPTION NOTICE.
Within two business days after receipt of the garnishment summons and exemption notices,
the financial institution shall serve upon the debtor two copies of the exemption notice. The
financial institution shall serve the notice by first class mail to the last known address of the
debtor. If no claim of exemption is received by the financial institution within 14 days after the
exemption notices are mailed to the debtor, the funds remain subject to the garnishment summons.
If the debtor elects to claim an exemption, the debtor shall complete the exemption notice, sign
it under penalty of perjury, and deliver one copy to the financial institution and one copy to the
attorney for the creditor within 14 days of the date postmarked on the correspondence mailed to
the debtor containing the exemption notices. In the event that there is no attorney for the creditor,
then the notice must be sent directly to the creditor. Failure of the debtor to deliver the executed
exemption notice does not constitute a waiver of a claimed right to an exemption. Upon timely
receipt of a claim of exemption, funds not claimed to be exempt by the debtor remain subject
to the garnishment summons. All money claimed to be exempt shall be released to the debtor
upon the expiration of seven days after the date postmarked on the envelope containing the
executed exemption notice mailed to the financial institution, or the date of personal delivery of
the executed exemption notice to the financial institution, unless within that time the creditor
interposes an objection to the exemption.
History: 1990 c 606 art 3 s 25

571.914 OBJECTION TO EXEMPTION CLAIM.
    Subdivision 1. Objections. An objection shall be interposed by mailing or delivering one
copy of the written objection to the financial institution and one copy of the written objection to
the debtor. A Request for Hearing and Notice of Hearing form must accompany each copy of
the written objection.
Both copies of an objection to an exemption claim must be mailed or delivered on the same
date. The financial institution may rely on the date of mailing or delivery of a notice to it in
computing any time periods in this section.
The written objection, and Request for Hearing and Notice of Hearing, must be substantially
in the forms set out in subdivisions 2 and 3.
The court shall provide clerical assistance to help with the writing and filing of a Request for
Hearing by any person not represented by counsel. The court administrator may charge a fee of
$1 for the filing of a Request for Hearing. Upon the filing of a Request for Hearing, the court
administrator shall schedule the matter for hearing no later than five business days from the
date of filing. The court administrator shall immediately send a completed copy of the request,
including the hearing date, time, and place to the adverse party and to the financial institution by
first class mail.
An order stating whether the debtor's funds are exempt shall be issued by the court within
three days of the date of the hearing.
    Subd. 2. Notice of objection. (a) The written objection to the debtor must be in substantially
the following form:

	STATE OF MINNESOTA		DISTRICT COURT
	COUNTY OF		JUDICIAL DISTRICT
	(Creditor)
	(Debtor)		CREDITOR'S OBJECTION
	(Garnishee)		TO EXEMPTION CLAIM

The creditor objects to your claim for exemption from garnishment, levy of execution, order
for attachment (strike inapplicable language) for the following reason(s):
Because of this objection, your financial institution will retain the funds you claimed to be
exempt for an additional ten days. If you wish to request a hearing on your exemption claim, you
need to do so within ten days from the date the objection was personally served on you, or within
13 days of the date the objection was mailed to you. You may request a hearing by completing the
attached form and filing it with the court administrator.
1. The court shall provide clerical assistance to help with the writing and filing of a Request
for Hearing by any person not represented by counsel. The court administrator may charge a fee
of $1 for the filing of a Request for Hearing.
2. Upon the filing of a Request for Hearing, the clerk shall schedule the matter for a hearing
no later than five business days from the date of filing. The court administrator shall forthwith
send a completed copy of the request, including the hearing date, time, and place to the adverse
party and to the financial institution by first class mail.
3. If it is possible that the financial institution might not receive the request mailed from the
court administrator within ten days, then you may want to personally deliver a copy of the request
to the financial institution after you have filed your request with the court.
4. An order stating whether your funds are exempt shall be issued by the court within three
days of the date of the hearing.
If you do not file a Request for Hearing within ten days of the date the objection was
personally served on you, or within 13 days from the date the objection was mailed to you, your
financial institution may turn your funds over to your creditor.
If you file a Request for Hearing and your financial institution receives it within ten days
of the date it received this objection, your financial institution will retain your funds claimed
to be exempt until otherwise ordered by the court, or until the garnishment lapses pursuant to
Minnesota Statutes, section 571.79.

	(CREDITOR OR CREDITOR'S ATTORNEY.)

    Subd. 3. Request for hearing and notice for hearing. The request for hearing
accompanying the objection notice must be in substantially the following form:

	STATE OF MINNESOTA		DISTRICT COURT
	COUNTY OF		JUDICIAL DISTRICT
	(Creditor)
	(Debtor)		REQUEST FOR HEARING AND NOTICE FOR HEARING
	(Garnishee)

I hereby request a hearing to resolve the exemption claim which has been made in this case
regarding funds in the account of ............. (Debtor) at the ......... (Financial Institution).
    I believe the property being held is exempt because

	Dated:

			(DEBTOR)
			(ADDRESS)
	HEARING DATE:	TIME:
	HEARING PLACE:

(Note to both parties: Bring with you to the hearing all documents and materials relevant to
the exemption claim. Failure to do so could delay the court's decision.)
    Subd. 4. Duties of financial institution if objection is made to exemption claim. Upon
receipt of a written objection from the creditor within the specified seven-day period, the financial
institution shall retain the funds claimed to be exempt. Unless the financial institution receives a
request for hearing from the debtor asserting exemption rights within ten days after receipt of the
written objection to the exemption, the funds remain subject to the garnishment summons as if no
claim of exemption had been made. If a notice of motion and motion to determine the validity
of a claim of exemption is received by the financial institution within the period provided, the
financial institution shall retain the funds claimed to be exempt until otherwise ordered by the
court, or until the garnishment lapses pursuant to section 571.79.
History: 1990 c 606 art 3 s 26; 1992 c 464 art 1 s 56; 2000 c 405 s 23

571.915 RELEASE OF FUNDS.
At any time the debtor or the creditor may, by a writing dated after the service of the
garnishment summons, direct the financial institution to release the funds in question to the other
party. Upon receipt of a release, the financial institution shall release the funds as directed.
History: 1990 c 606 art 3 s 27

571.92 GARNISHMENT OF EARNINGS.
Sections 571.921 to 571.926 relate to the garnishment of earnings.
History: 1990 c 606 art 3 s 28

571.921 DEFINITIONS.
For purposes of sections 571.921 to 571.926, the following terms have the meanings given
them:
(a) "Earnings" means:
(1) compensation paid or payable to an employee for personal service whether denominated
as wages, salary, commissions, bonus, or otherwise, and includes periodic payments pursuant
to a pension or retirement program;
(2) compensation paid or payable to the producer for the sale of agricultural products;
livestock or livestock 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; or
(3) maintenance as defined in section 518.003, subdivision 3a.
(b) "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.
(c) "Employee" means an individual who performs services subject to the right of the
employer to control both what is done and how it is done.
(d) "Employer" means a person for whom an individual performs services as an employee.
History: 1990 c 606 art 3 s 29; 1998 c 382 art 2 s 19; 2005 c 164 s 29; 1Sp2005 c 7 s 28

571.922 LIMITATION ON WAGE GARNISHMENT.
Unless the judgment is for child support, the maximum part of the aggregate disposable
earnings of an individual for any pay period subjected to garnishment may not exceed the lesser of:
(1) 25 percent of the debtor's disposable earnings; or
(2) the amount by which the debtor's disposable earnings exceed the following product: 40
times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair Labor Standards
Act of 1938, United States Code, title 29, section 206(a)(1), in effect at the time the earnings are
payable, times the number of work weeks in the pay period. When a pay period consists of
other than a whole number of work weeks, each day of that pay period in excess of the number
of completed work weeks shall be counted as a fraction of a work week equal to the number of
excess work days divided by the number of days in the normal work week.
If the judgment is for child support, the garnishment may not exceed:
(1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received);
(2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the garnishment summons is received);
(3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is received); or
(4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not
supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the garnishment summons is received).
Wage garnishments on judgments for child support are effective until the judgments are
satisfied if the judgment creditor is a county and the employer is notified by the county when the
judgment is satisfied.
No court may make, execute, or enforce an order or any process in violation of this section.
History: 1990 c 606 art 3 s 30; 1991 c 156 s 20; 1993 c 156 s 18

571.923 MULTIPLE EARNINGS GARNISHMENTS.
Except as otherwise provided in this chapter or section 518A.53, the priority of multiple
earnings garnishments shall be determined by the order in which the garnishment summonses
were served on the employer. If the employer is served with two or more garnishment summonses
at the same time on the same day, the garnishment summons issued pursuant to the first judgment
entered has priority. If two or more garnishment summonses are served on the same day and are
based on judgments entered on the same day or if there are two or more garnishment summonses
based on prejudgment garnishment pursuant to section 571.93, then the employer shall select
the priority of the earnings garnishments. However, in all cases except wage garnishments on
judgments for child support if the judgment creditor is a county and the employer is notified by
the county when the judgment is satisfied, garnishments shall be effective no longer than 70 days
from the date of the service of the garnishment summons.
History: 1990 c 606 art 3 s 31; 1993 c 156 s 19; 1997 c 203 art 6 s 92; 2005 c 164 s 29;
1Sp2005 c 7 s 28

571.924 GARNISHMENT EXEMPTION NOTICE.
    Subdivision 1. Requirement. The creditor shall serve upon the debtor, no less than ten days
before the service of the garnishment summons, a notice that a summons may be issued. The
notice shall: (1) be substantially in the form set out in section 571.925; (2) be served personally,
in the manner of a summons and complaint, or by first class mail to the last known address of
the debtor; (3) inform the debtor that a garnishment summons may be served on the debtor's
employer after ten days, and that the debtor may, within that time, cause to be served on the
creditor a signed statement under penalties of perjury asserting an entitlement to an exemption
from garnishment; (4) inform the debtor of the earnings garnishment exemptions contained in
section 550.37, subdivision 14; and (5) advise the debtor of the relief set forth in this chapter
to which the debtor may be entitled if a creditor in bad faith disregards a valid claim and the
fee, costs, and penalty that may be assessed against a debtor who in bad faith falsely claims an
exemption or in bad faith takes action to frustrate the garnishment process.
    Subd. 2. Additional notices. If the garnishment summons has not been served within one
year after service of the notice, the creditor shall serve another notice upon the debtor before
serving the garnishment summons on the debtor's employer. If more than one year has passed
since the service of the creditor's most recent garnishment summons, the creditor shall, no
less than ten days before service of another garnishment summons, serve notice that another
garnishment summons may be served.
History: 1990 c 606 art 3 s 32

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:

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

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.
Your earnings are completely exempt from garnishment 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.
Relief based on need includes the Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance
(GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA),
Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental
Security Income (SSI), and Energy Assistance.
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.
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.

PENALTIES

(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.
(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.
(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.

	Dated:
		(Attorney for) Creditor
		Address
		Telephone

DEBTOR'S EXEMPTION CLAIM NOTICE

I hereby claim that my earnings are exempt from garnishment because:
(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.)

	Program		Case Number (if known)		County

(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.)

	Program		Case Number (if known)		County

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

	Correctional Institution		Location

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.

	Date		Debtor
			Address
			Debtor Telephone Number

History: 1986 c 444; 1990 c 606 art 3 s 33; 1999 c 159 s 150; 2000 c 405 s 24

571.926 PROCEEDINGS IF NO EXEMPTION STATEMENT IS RECEIVED.
If no statement of exemption is received by the creditor on an earnings garnishment within
ten days from the service of the notice, the creditor may proceed with the garnishment. Failure of
the debtor to serve a statement does not constitute a waiver of any right the debtor may have to an
exemption. If the statement of exemption is received by the creditor, the creditor may still cause a
garnishment summons to be issued subject to sanctions provided in section 571.72, subdivision 6.
History: 1990 c 606 art 3 s 34

571.927 PENALTY FOR RETALIATION FOR GARNISHMENT.
    Subdivision 1. Prohibition. An employer shall not discharge or otherwise discipline an
employee as a result of an earnings garnishment authorized by this chapter.
    Subd. 2. Remedy. If an employer violates this section, a court may order the reinstatement
of an aggrieved party who demonstrates a violation of this section, and other relief the court
considers appropriate. The aggrieved party may bring a civil action within 90 days of the date of
the prohibited action. If an employer-employee relationship existed before the violation of this
section, the employee shall recover twice the wages lost as a result of this violation.
    Subd. 3. Nonwaiver. The rights guaranteed by this section may not be waived or altered by
employment contract.
History: 1990 c 606 art 3 s 35

571.93 GARNISHMENT BEFORE JUDGMENT OR DEFAULT.
    Subdivision 1. Grounds. The court may order the issuance of a garnishment summons
before judgment or default in the civil action, if a summons and complaint, or copies of these
documents, are filed with the appropriate court, and if, upon application to the court, it appears
that any of the following grounds exist:
(1) the debtor has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose
of, any of the debtor's nonexempt property, with intent to delay or defraud any of debtor's creditors;
(2) the debtor has removed, or is about to remove, any of the debtor's nonexempt property
from this state, with intent to delay or defraud any of debtor's creditors;
(3) the debtor has converted or is about to convert any of the debtor's nonexempt property
into money or credits, for the purpose of placing the property beyond the reach of any of debtor's
creditors;
(4) the debtor has committed an intentional fraud giving rise to the claim upon which the
civil action is brought;
(5) the debtor has committed any act or omission, for which the debtor has been convicted of
a felony, giving rise to the claim upon which the civil action is brought; or
(6) the purpose of the garnishment is to establish quasi in rem jurisdiction and
(i) debtor is a resident individual having left the state with intent to defraud creditors, or
to avoid service; or
(ii) a judgment had previously been obtained in another state consistent with due process; or
(iii) the claim in the civil action is directly related to and arises from the property sought to
be attached; or
(iv) no forum is available to obtain a personal judgment against the debtor in the United
States or elsewhere; or
(7) the creditor has been unable to serve upon the debtor the summons and complaint in the
civil action because the debtor has been inaccessible due to residence and employment in a
building where access is restricted.
    Subd. 2. Notice and hearing requirements. If the garnishment is before notice and hearing,
the requirements of section 571.931 must be met. If the garnishment is after notice and hearing,
the requirements of section 571.932 must be met.
History: 1990 c 606 art 3 s 36

571.931 PREJUDGMENT GARNISHMENT BEFORE NOTICE AND HEARING.
    Subdivision 1. Written application. A creditor seeking a prejudgment garnishment order in
extraordinary circumstances to secure property before the hearing specified in section 571.932
shall proceed by written application. The application must be accompanied by affidavits or by
oral testimony, or both, setting forth in detail:
(1) the basis and the amount of the claim in the civil action;
(2) the facts which constitute the conditions for prejudgment garnishment as specified in
section 571.93, subdivision 1; and
(3) a good faith estimate, based on facts known to the creditor, of any harm that would be
suffered by the debtor if a prejudgment garnishment order is entered without notice and hearing.
    Subd. 2. Conditions. A prejudgment garnishment order may be issued before the hearing
specified in subdivision 4 only if the following conditions are met:
(1) the creditor has made a good faith effort to inform the debtor of the application for a
prejudgment garnishment order or that informing the debtor would endanger the ability of the
creditor to recover upon a judgment subsequently awarded;
(2) the creditor has demonstrated the probability of success on the merits;
(3) the creditor has demonstrated the existence of one or more of the grounds specified in
section 571.93, subdivision 1; and
(4) due to extraordinary circumstances, the creditor's interests cannot be protected pending
a hearing by an appropriate order of the court, other than by directing a prehearing seizure of
property.
    Subd. 3. Order. All prejudgment garnishment orders must:
(1) state the names and addresses of all persons whose affidavits were submitted to the court
and of all witnesses who gave oral testimony;
(2) contain specific findings of fact, based upon competent evidence presented either in the
form of affidavits or oral testimony, supporting the conclusion that each of the conditions in
subdivision 1 have been met;
(3) be narrowly drafted to minimize any harm to the debtor as a result of the seizure of
the debtor's property; and
(4) provide for the bond required by section 571.932, subdivision 6.
    Subd. 4. Subsequent hearing. If the court issues a prejudgment garnishment order, the order
must establish a date for a hearing at which the debtor may be heard. The subsequent hearing
must be conducted at the earliest practicable time. At the hearing, the burden of proof is on the
creditor to establish the grounds justifying the prejudgment garnishment order.
    Subd. 5. Standards at subsequent hearing. The hearing held pursuant to subdivision 4
must be conducted in accordance with the standards established in section 571.932. In addition,
if the court finds that the motion for a prejudgment garnishment order was made in bad faith,
the court shall award debtor the actual damages, costs, and reasonable attorney's fees, suffered
by reason of the prejudgment garnishment.
    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:

NOTICE OF HEARING

TO: (the debtor)
The (insert the name of court) Court has ordered the prejudgment garnishment of some of
your property in the possession or control of a third party. Some of your property may be exempt
from seizure. See the exemption notice below.
The Court issued this Order based upon the claim of (insert name of creditor) that (insert
name of creditor) is entitled to a court order for garnishment of your property to secure your
payment of any money judgment that (insert name of creditor) may later be obtained against
you and that immediate action was necessary.
You have the legal right to challenge (insert name of creditor) claims at a court hearing
before a judge. The hearing will be held at the (insert place) on (insert date) at (insert time). You
may attend the court hearing alone or with an attorney. After you have presented your side of the
matter, the court will decide what should be done with your property until the lawsuit against
you is finally decided.
IF YOU DO NOT ATTEND THIS HEARING, THE COURT MAY ORDER
GARNISHMENT OF YOUR PROPERTY.

EXEMPTION NOTICE

Some of your property may be exempt and cannot be garnished. The following is a list
of some of the more common exemptions. It is not complete and is subject to section 550.37,
and other state and federal laws. If you have questions about an exemption, you should obtain
competent legal advice.
(1) A homestead or the proceeds from the sale of a homestead.
(2) Household furniture, appliances, phonographs, radios, and televisions up to a total current
value of $4,500 at the time of attachment.
(3) A manufactured (mobile) home used as your home.
(4) One motor vehicle currently worth less than $2,000 after deducting any security interests.
(5) Farm machinery used by someone principally engaged in farming, or tools, machines, or
office furniture used in your business or trade. This exemption is limited to $10,000.
(6) Relief based on need. This includes the Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance
(GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA),
Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental
Security Income (SSI), and Energy Assistance.
(7) Social Security benefits.
(8) Unemployment benefits, workers' compensation, or veterans' benefits.
(9) An accident, disability or retirement pension or annuity.
(10) Life insurance proceeds.
(11) The earnings of your minor child.
(12) Money from a claim for damage or destruction of exempt property (such as household
goods, farm tools, business equipment, a manufactured (mobile) home, or a car).
History: 1990 c 606 art 3 s 37; 1994 c 488 s 8; 1999 c 107 s 66; 1999 c 159 s 151; 2000
c 343 s 4

571.932 PREJUDGMENT GARNISHMENT AFTER NOTICE AND HEARING.
    Subdivision 1. Motion. A creditor seeking to obtain an order of garnishment in other than
extraordinary circumstances shall proceed by motion. The motion must be accompanied by
an affidavit setting forth in detail:
(1) the basis and amount of the claim in the civil action; and
(2) the facts that constitute one or more of the grounds for garnishment as specified in
section 571.93, subdivision 1.
    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:

NOTICE OF HEARING

TO: (the debtor)
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.
You may attend the court hearing alone or with an attorney. After you have presented your
side of the matter, the court will decide whether your property should be garnished until the
lawsuit which has been commenced against you is finally decided.
If the court directs the issuance of a garnishment summons while the lawsuit is pending,
you may still keep the property until the lawsuit is decided if you file a bond in an amount set by
the court.
IF YOU DO NOT ATTEND THIS HEARING, THE COURT MAY ORDER YOUR
NONEXEMPT PROPERTY TO BE GARNISHED.

EXEMPTION NOTICE

Some of your property may be exempt and cannot be garnished. The following is a list of
some of the more common exemptions. It is not complete and is subject to section 550.37, 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 the garnishment. If you have questions about an
exemption, you should obtain competent legal advice.
(1) A homestead or the proceeds from the sale of a homestead.
(2) Household furniture, appliances, phonographs, radios, and televisions up to a total
current value of $5,850.
(3) A manufactured (mobile) home used as your home.
(4) One motor vehicle currently worth less than $2,600 after deducting any security interests.
(5) Farm machinery used by an individual principally engaged in farming, or tools, machines,
or office furniture used in your business or trade. This exemption is limited to $13,000.
(6) Relief based on need. This includes the Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance
(GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA),
Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental
Security Income (SSI), and Energy Assistance.
(7) Social Security benefits.
(8) Unemployment benefits, workers' compensation, or veterans' benefits.
(9) An accident, disability or retirement pension or annuity.
(10) Life insurance proceeds.
(11) The earnings of your minor child.
(12) Money from a claim for damage or destruction of exempt property (such as household
goods, farm tools, business equipment, a manufactured (mobile) home, or a car).
    Subd. 3. Standards for order. An order for prejudgment garnishment may be issued only if
the creditor has demonstrated the probability of success on the merits, and the creditor has stated
facts that show the existence of at least one of the grounds stated in section 571.93, subdivision 1.
However, even if those standards are met, the order may not be issued if:
(1) the circumstances do not constitute a risk to collectibility of any judgment that may be
entered; or
(2)(i) the debtor has raised a defense to the merits of the creditor's claim or has raised a
counterclaim in an amount equal to or greater than the claim and the defense or counterclaim
is not frivolous; and
(ii) the interests of the debtor cannot be adequately protected by a bond filed by the creditor
pursuant to section 571.932, subdivision 6, if property is garnished; and
(iii) the harm suffered by the debtor as a result of garnishment would be greater than the
harm that would be suffered by the creditor if property is not attached.
    Subd. 4. Protection of creditor. If the creditor makes the showing prescribed by subdivision
3 but the court nevertheless determines that an order of garnishment should not be issued for the
reasons set forth in subdivision 3, clause (2), the court shall enter a further order protecting the
rights of the creditor to the extent possible. The order may require that the debtor post a bond
in an amount set by the court, that the debtor make the property available for inspection from
time to time, that the debtor be restrained from certain activities, including, but not limited to,
selling, disposing, or otherwise encumbering property, or any other provision the court considers
appropriate.
    Subd. 5. Stay of order. An order permitting prejudgment garnishment of property may be
stayed up to three days to allow the debtor time to post a bond.
    Subd. 6. Bonding requirement. (a) Before issuing an order of garnishment, the court
shall require the creditor to post a bond in the penal sum of at least $500, conditioned that if
judgment be given for the debtor or if the order is vacated, the creditor will pay all costs that may
be awarded against the creditor and all damages caused by the garnishment. Damages may be
awarded in a sum in excess of the bond only if, before the issuance of the order establishing the
amount of the bond, the debtor specifically notified the creditor and the court of the likelihood
that the debtor would suffer the specific damages, or the court finds that the creditor acted in bad
faith in bringing or pursuing the garnishment proceeding. In establishing the amount of the bond,
the court shall consider the value and nature of the property garnished, the method of retention
or storage of the property, the potential harm to the debtor or any party, and other factors that
the court considers appropriate. Nothing in this section modifies or restricts the application of
section 549.20 or 549.211.
(b) The court may at any time modify the amount of the bond upon its own motion or upon
the motion of a party based on the value of the property garnished, the nature of the property
attached, the methods of retention or storage of the property, the potential harm to the debtor or a
party, or other factor that the court considers appropriate.
(c) In lieu of filing a bond, either the creditor or the debtor may satisfy the bonding
requirements by depositing cash, an irrevocable letter of credit, a cashier's check, or a certified
check with the court.
    Subd. 7. Requirements of order. An order for prejudgment garnishment after notice and
hearing must:
(1) contain the findings required by section 571.932, subdivision 3;
(2) state with particularity the facts upon which the findings are made;
(3) state that a debtor who attended the hearing was offered an opportunity to identify exempt
property, without waiver of the right to claim exemption in property not identified at the hearing;
(4) direct the issuance of a garnishment summons; and
(5) specify the amount of the bond.
History: 1990 c 606 art 3 s 38; 1994 c 488 s 8; 1997 c 213 art 2 s 4; 1999 c 107 s 66;
1999 c 159 s 152; 2000 c 343 s 4