Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
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
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
Official Publication of the State of Minnesota
Revisor of Statutes