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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