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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

570.025 PRELIMINARY ATTACHMENT ORDER UPON EXTRAORDINARY
CIRCUMSTANCES.
    Subdivision 1. Application. A claimant seeking a preliminary attachment order in
extraordinary circumstances to secure property prior to the hearing specified in section 570.026
shall proceed by written application. The application shall be accompanied by affidavits or by oral
testimony if allowed by the court, 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 grounds for attachment as specified in subdivision 2; and
(3) a good faith estimate, based on facts known to the claimant, of any harm that would be
suffered by the respondent if a preliminary attachment order is entered.
    Subd. 2. Conditions. A preliminary attachment order may be issued before the hearing
specified in section 570.026 only if the following conditions are met:
(1) the claimant has made a good faith effort to inform the respondent of the application for a
preliminary attachment order or that informing the respondent would endanger the ability of the
claimant to recover upon a judgment subsequently awarded;
(2) the claimant has demonstrated the probability of success on the merits;
(3) the claimant has demonstrated the existence of one or more of the grounds specified in
section 570.02, subdivision 1, clause (1), (2), (3), or (6); and
(4) due to extraordinary circumstances, the claimant'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 preliminary attachment orders shall:
(1) state the names and addresses of all affiants 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, if the court permits, supporting the conclusion that each of the
conditions in subdivision 2 have been met;
(3) be narrowly drafted to minimize any harm to the respondent as a result of the seizure of
the respondent's property; and
(4) to the extent possible, specify the property to be seized.
    Subd. 4. Subsequent hearing. If the court issues a preliminary attachment order, the order
must establish a date for a hearing at which the respondent may be heard. The subsequent hearing
shall be conducted at the earliest practicable time. At the hearing, the burden of proof shall
be on the claimant.
    Subd. 5. Standards at subsequent hearing. The hearing held pursuant to subdivision 4
shall be conducted in accordance with the standards established in section 570.026. In addition,
if the court finds that the motion for a prehearing attachment order was made in bad faith, the
court shall award respondent the actual damages, including reasonable attorney's fees, suffered
by reason of seizure of the property.
    Subd. 6. Notice. The respondent shall be served with a copy of the preliminary attachment
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 preliminary hearing
upon which the claimant intends to rely and a notice of hearing. Service shall 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 respondent.
The notice of hearing served upon the respondent shall be signed by claimant or the attorney
for claimant and shall provide, at a minimum, the following information in substantially the
following language:
NOTICE OF HEARING
To: (the respondent)
The (insert name of court) Court has ordered the sheriff to seize some of your property. The
court has directed the sheriff to seize the following specific property: (insert list of property).
(List other action taken by the court). 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 claimant) that (insert
name of claimant) is entitled to a court order for seizure of your property to secure your payment
of any money judgment that (insert name of claimant) may later be obtained against you and
that immediate action was necessary.
You have the legal right to challenge (insert name of claimant) 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 THE SHERIFF
TO KEEP PROPERTY THAT HAS BEEN SEIZED.
EXEMPTION NOTICE
An order of attachment is being served upon you. Some of your property is exempt and
cannot be seized. 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 $5,000.
6. Relief based on need. This includes Minnesota Family Investment Program (MFIP),
Emergency Assistance (EA), Work First Program, Supplemental Security Income, Minnesota
Supplemental Assistance, and General 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 or the earnings of your minor child and any child support paid
to you.
11. 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: 1985 c 153 s 4; 1993 c 156 s 13; 1994 c 488 s 8; 1994 c 632 art 3 s 60; 1999 c
107 s 66; 1999 c 159 s 146; 2000 c 343 s 4

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