2007 Minnesota Statutes

268.059 GARNISHMENT FOR DELINQUENT TAXES AND UNEMPLOYMENT
BENEFIT OVERPAYMENTS.
    Subdivision 1. Notice. The commissioner may give notice to any employer that an employee
owes any amounts due under this chapter or section 116L.20, and that the obligation should be
withheld from the employee's wages. The commissioner may proceed only if the amount due is
uncontested or if the time for any appeal has expired. The commissioner may not proceed until 30
calendar days after sending to the debtor employee, by mail or electronic transmission, a notice of
intent to garnish wages and exemption notice. That notice must list:
    (1) the amount due from the debtor;
    (2) demand for immediate payment; and
    (3) the intention to serve a garnishment notice on the debtor's employer.
    The notice expires 180 calendar days after it has been sent to the debtor provided that the
notice may be renewed by sending a new notice that is in accordance with this section. The
renewed notice has the effect of reinstating the priority of the original notice. The exemption
notice must be in substantially the same form as in section 571.72. The notice must inform the
debtor of the right to claim exemptions contained in section 550.37, subdivision 14. If no claim of
exemption is received by the commissioner within 30 calendar days after sending of the notice,
the commissioner may proceed with the garnishment. The notice to the debtor's employer may
be served by mail or electronic transmission and must be in substantially the same form as in
section 571.75.
    Subd. 2. Employer action. (a) Upon receipt of the garnishment notice, the employer must
withhold from the earnings due or to become due to the employee, the amount shown on the
notice plus accrued interest, subject to section 571.922. The employer must continue to withhold
each pay period the amount shown on the notice plus accrued interest until the garnishment
notice is released by the commissioner. Upon receipt of notice by the employer, the claim of
the commissioner has priority over any subsequent garnishments or wage assignments. The
commissioner may arrange between the employer and employee for withholding a portion of the
total amount due the employee each pay period, until the total amount shown on the notice plus
accrued interest has been withheld.
    The "earnings due" any employee is as defined in section 571.921.
    (b) The maximum garnishment allowed for any one pay period shall be decreased by any
amounts payable under any other garnishment action served before the garnishment notice, and
any amounts covered by any irrevocable and previously effective assignment of wages; the
employer must give notice to the commissioner of the amounts and the facts relating to the
assignment within ten calendar days after the service of the garnishment notice on the form
provided by the commissioner.
    (c) Within ten calendar days after the expiration of the pay period, the employer must remit
to the commissioner, on a form and in the manner prescribed by the commissioner, the amount
withheld during each pay period.
    Subd. 3. Discharge or discipline prohibited. (a) If the employee ceases to be employed by
the employer before the full amount set forth on the garnishment notice plus accrued interest has
been withheld, the employer must immediately notify the commissioner in writing or by electronic
transmission, as prescribed by the commissioner, of the termination date of the employee and
the total amount withheld. No employer may discharge or discipline any employee because
the commissioner has proceeded under this section. If an employer discharges an employee in
violation of this section, the employee has the same remedy as provided in section 571.927,
subdivision 2 .
    (b) This section applies if the employer is the state of Minnesota or any political subdivision.
    (c) The commissioner shall refund to the employee any excess amounts withheld from
the employee.
    (d) An employer that fails or refuses to comply with this section is jointly and severally
liable for the total amount due from the employee. Any amount due from the employer under
this paragraph may be collected in the same manner as any other amounts due from an employer
under this chapter.
History: 1996 c 417 s 28; 1997 c 66 s 70,79; 1998 c 265 s 18; 2000 c 343 s 4; 2000 c 499 s
1; 2001 c 175 s 22; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 39,40; 2007 c 128 art 6 s 42