2005 Minnesota Statutes

     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.  

    HIST: 1990 c 606 art 3 s 26; 1992 c 464 art 1 s 56; 2000 c 405 
 s 23