1997 Minnesota Statutes

     571.79 Discharge of a garnishee. 

    Subject to sections 571.78 and 571.80, the garnishee, after 
 disclosure, shall be discharged of any further obligation to the 
 creditor when one of the following conditions are met: 

    (a) The garnishee discloses that the garnishee is not 
 indebted to the debtor or does not possess any money or other 
 property belonging to the debtor that is attachable as defined 
 in section 571.73, subdivision 3.  The disclosure is conclusive 
 against the creditor and discharges the garnishee from any 
 further obligation to the creditor other than to retain all 
 nonexempt disposable earnings, indebtedness, money, and property 
 of the debtor which was disclosed. 

    (b) The garnishee discloses that the garnishee is indebted 
 to the debtor as indicated on the garnishment disclosure form.  
 The disclosure is conclusive against the creditor and discharges 
 the garnishee from any further obligation to the creditor other 
 than to retain all nonexempt disposable earnings, indebtedness, 
 money, and property of the debtor that was disclosed.  

    (c) If the garnishee was served with a garnishment summons 
 before entry of judgment against the debtor by the creditor in 
 the civil action, 270 days after the garnishment summons is 
 served the garnishee is discharged and the garnishee shall 
 return any disposable earnings, indebtedness, money, and 
 property to the debtor.  

    (d) If the garnishee was served with a garnishment summons 
 after entry of judgment against the debtor by the creditor in 
 the civil action, 180 days after the garnishment summons is 
 served the garnishee is discharged and the garnishee shall 
 return any disposable earnings, other indebtedness, money, and 
 property to the debtor.  

    (e) If the garnished indebtedness, money, or other property 
 is destroyed without any negligence of the garnishee, the 
 garnishee is discharged of any liability to the creditor for 
 nondelivery of the garnished indebtedness, money, and other 
 property.  

    (f) The court may, upon motion of an interested person, 
 discharge the garnishee as to any disposable earnings, other 
 indebtedness, money, and property in excess of the amount that 
 may be required to satisfy the creditor's claim.  

    HIST: 1990 c 606 art 3 s 11