§ 571.72 — GENERAL GARNISHMENT PROVISIONS
This text of Minnesota § 571.72 (GENERAL GARNISHMENT PROVISIONS) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Subdivision 1.Rules of Civil Procedure.
Unless this chapter specifically provides otherwise, the Rules of Civil Procedure for the District Courts shall apply in all proceedings under this chapter.
Subd. 2.Service of garnishment summons.
To enforce a claim asserted in a civil action venued in a court of record, a garnishment summons may be issued by a creditor and served upon the garnishee in the same manner as other summons in that court of record, except that service may not be made by publication. Service of a garnishment summons on the garnishee may also be made by certified mail, return receipt requested. A garnishment summons served by certified mail is effective if served at the garnishee's regular place of business. The effective date of service by certified mail is the time of receipt by the garnishee. A single garnishment summons may be addressed to two or more garnishees but must state whether each is summoned separately or jointly.
The garnishment summons must state:
(1) the full name of the debtor, the debtor's last known mailing address, and the amount of the claim that remains unpaid;
(2) the date of the entry of judgment against the debtor or that the debtor is in default pursuant torule 55.01of the Minnesota Rules of Civil Procedure for the District Courts. Where there is a prejudgment garnishment pursuant to section571.93, the garnishment summons must include a copy of the court order;
(3) if the garnishment is on any indebtedness, money, or property other than earnings, the garnishee shall serve upon the creditor and upon the debtor within 20 days after service of the garnishment summons, a written disclosure, of the garnishee's indebtedness, money, or other property owing to the debtor and answers to all written interrogatories that are served with the garnishment summons. The garnishment summons shall also state that if the garnishment is on earnings and the debtor has garnishable earnings, the garnishee shall serve the disclosure within ten days of the last payday to occur within the 90 days after the date of service of the garnishment summons;
(4) that the creditor shall not require disclosure of the disposable earnings, indebtedness, money, or property of debtor in the garnishee's possession or under the garnishee's control in excess of 110 percent of the amount of the claim that remains unpaid;
(5) that the garnishee shall retain disposable earnings, indebtedness, money, or property of the debtor in the garnishee's possession or under the garnishee's control not in excess of 110 percent of the amount of the claim that remains unpaid, until the creditor causes a writ of execution to be served upon the garnishee, until the debtor authorizes release to the creditor, until the creditor authorizes release to the debtor, upon court order, or by operation of law;
(6) that after the expiration of the period of time specified in section571.79from the date of service of the garnishment summons, the garnishee's retention obligation automatically expires;
(7) that an assignment of wages made by the debtor within ten days before the service of the first garnishment summons on a debt is void and that any indebtedness to the garnishee incurred with ten days before the service of the first garnishment summons on a debt may not be set off against amounts otherwise subject to the garnishment.
Subd. 3.Representation by an attorney.
Whenever a creditor is represented by an attorney, a responsive pleading or document from the garnishee or debtor under this chapter must be served on the creditor's attorney.
Subd. 4.Service of garnishment summons on debtor.
A copy of the garnishment summons and copies of all other papers served on the garnishee must be served by mail at the last known mailing address of the debtor not later than five days after the service is made upon the garnishee. The first time a garnishment summons is served on the debtor pursuant to section571.71, clause (2), the creditor shall also serve a copy of the affidavit of service of the original summons and complaint. Service of the garnishment documents on the debtor is effective upon mailing.
Subd. 5.Garnishment disclosure form.
The creditor shall serve with the garnishment summons the applicable garnishment disclosure form substantially in the form set forth in section571.75. The creditor may also serve written interrogatories with the garnishment summons.
Subd. 6.Bad faith claim.
If, in a proceeding brought under subdivision 9, section571.91, or a similar proceeding under this chapter to determine a claim of exemption, the claim of exemption is not upheld, and the court finds that it was asserted in bad faith, the creditor shall be awarded actual damages, costs, reasonable attorney fees resulting from the additional proceedings, and an amount not to exceed $100. If the claim of exemption is upheld, and the court finds that the creditor disregarded the claim of exemption in bad faith, the debtor shall be awarded actual damages, costs, reasonable attorney fees resulting from the additional proceedings, and an amount not to exceed $100. The underlying judgment shall be modified to reflect assessment of damages, costs, and attorney fees. However, if the party in whose favor a penalty assessment is made is not actually indebted to that party's attorney for fees, the attorney's fee award shall be made directly to the attorney and if not paid an appropriate judgment in favor of the attorney shall be entered.
Subd. 7.Forms.
No creditor shall use a form that contains alterations or changes from the statutory forms that mislead debtors as to their rights and the garnishment procedure generally. If a court finds that a creditor has used a misleading form, the debtor shall be awarded actual damages, costs, reasonable attorney's fees resulting from additional proceedings, and an amount not to exceed $100. All forms must be clearly legible and printed in not less than the equivalent of 10-point type. A form that uses both sides of a sheet must clearly indicate on the front side that there is additional information on the back side of the sheet.
Forms, including the statutory forms, used in garnishments of earnings for the satisfaction of judgments for child support must be changed by the creditor to reflect the fact that the 90-day period of effectiveness does not apply to these garnishments if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied.
Subd. 8.Exemption notice.
In every garnishment where the debtor is a natural person, the debtor shall be provided with a garnishment exemption notice. If the creditor is garnishing earnings, the earnings exemption notice provided in section571.924must be served ten or more days before the service of the first garnishment summons. If the creditor is garnishing funds in a financial institution, the exemption notice provided in section571.912must be served with the garnishment summons. In all other cases, the exemption notice must be in the following form and served on the debtor with a copy of the garnishment summons.
A Garnishment Summons is being served on you. This means a creditor with a court judgment against you wants to take some of your money or property to pay the judgment. Some of your property may be exempt and can't be taken. 'Exempt' means protected. The following is a list of some common exemptions. It is not a complete list. For full details and dollar amounts set by law see section550.37of the Minnesota Statutes. If you have questions about an exemption, contact a lawyer for legal advice.
These things you or your family might have are protected:
(1) equity in your home, or money from recently selling your home - up to $510,000 total;
(2) (i) all clothing, one watch, utensils, and foodstuffs;
(ii) household furniture, household appliances, radios, computers, tablets, televisions, printers, cell phones, smart phones, and other consumer electronics up to $12,150 in all; and
(iii) jewelry - total value can't be more than $3,308;
(3) a manufactured (mobile) home you live in;
(4) one motor vehicle, counting only the amount you have paid off:
(i) $10,000;
(ii) $12,500 if it is necessary for your business, trade, or profession;
(iii) $25,000 if used by or to help someone with a disability that makes it hard to walk; or
(iv) $100,000 if designed or modified for someone with a disability that makes it hard to walk;
(5) farm machinery if your main business is farming. Tools, machines, or office furniture used in your business - the total value can't be more than $13,000;
(6) relief based on need. This includes:
(i)MFIP- Minnesota Family Investment Program;
(ii)DWP- MFIP Diversionary Work Program;
(iii)SNAP- Supplemental Nutrition Assistance Program;
(iv)GA- General Assistance;
(v)EGA- Emergency General Assistance;
(vi)MSA- Minnesota Supplemental Aid;
(vii)MSA-EA- MSA Emergency Assistance;
(viii)EA- Emergency Assistance;
(ix)Energy or Fuel Assistance;
(x)Work Participation Cash Benefit;
(xi)MA- Medical Assistance;
(xii)MinnesotaCare;
(xiii)Medicare Part B- Premium Payments help;
(xiv)Medicare Part D- Extra;
(xv)SSI- Supplemental Security Income;
(xvi)Tax Credits- federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit; and
(xvii)Renter's Refund(also called Renter's Property Tax Credit);
(7) wages. 100% is protected if you get government assistance based on need. Otherwise, between 75-100% is protected depending on how much you earn;
(8) retirement benefits - the total interest under all plans and contracts can't be more than $81,000;
(9) Social Security benefits;
(10) unemployment benefits, workers' compensation, or veterans' benefits;
(11) a retirement, disability, or accident pension or annuity;
(12) life insurance proceeds that are not more than $54,000;
(13) earnings of your minor child;
(14) money from a claim for damage or destruction of exempt property - like household goods, farm tools, business equipment, a manufactured (mobile) home, or a car;
(15) sacred possessions - like the Bible, Torah, Qur'an, prayer rug, and other religious items. Total value can't be more than $2,000;
(16) personal library - total value can't be more than $750;
(17) musical instruments - total value can't be more than $2,000;
(18) family pets - current value can't be more than $1,000;
(19) a seat or pew in any house or place of public worship and a lot in any burial ground;
(20) tools you need to work in your business or profession - the total value can't be more than $13,500;
(21) household tools and equipment - things like hand and power tools, snow removal equipment, lawnmowers, and more. Total value can't be more than $3,000; and
(22) health savings accounts, medical savings accounts - the total value can't be more than $25,000.
Subd. 9.Motion to determine objections.
(a) This subdivision applies to all garnishment proceedings governed by this chapter. An objection regarding a garnishment must be interposed as provided in section571.914, subdivision 1, in the form provided under section571.914, subdivision 2.
(b) Upon motion of any party in interest, on notice, the court shall determine the validity of any claim of exemption and may make any order necessary to protect the rights of those interested.
(c) Upon receipt of a claim of exemption by the debtor, the creditor must, within six business days of the receipt of the exemption claim, either return any of the debtor's funds released by the garnishee and held by the creditor or interpose an objection. An objection must be interposed by:
(1) in the district court that issued the judgment, filing the Notice of Objection and requesting a hearing; and
(2) mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the garnishee and one copy of the Notice of Objection and Notice of Hearing to the debtor.
Subd. 10.Exemption notice for prejudgment garnishment.
Exemption Notice
Important Notice:A garnishment summons may be served on your employer, bank, or other third parties. This can happen without any further court proceeding or notice to you. See the attached Notice of Intent to Garnish for more information.
Some of your money in your account may be protected (the legal word is exempt) from garnishment.
Earnings (Wages)
ALL or SOME of my wages may be protected.
...Someof my wages are protected because they were only deposited in my account in the last 20 days.
For wages that were deposited in your account within the last 20 days, the amount protected is whichever is more:
(i) 75 percent of your wages or more (after taxes are taken out), or
(ii) The current minimum wage times 40 per week. You can find the current minimum wage here: https://www.dli.mn.gov/minwage.
Allof my wages are protected because:
... I get government benefits (a list of government benefits is on the next page)
... I am getting other assistance based on need
... I have gotten government benefits in the last 6 months
... I was in jail or prison in the last 6 months
If you check one of these four boxes, your wages are only protected for 60 days after they are deposited in your account. YouMUST send the creditor copies of bank statementsthat show what was in your accountfor the 60 days right before the bank froze your money.
Government Benefits
Government benefits can include many things. For example:
...MFIP- Minnesota Family Investment Program
...DWP- MFIP Diversionary Work Program
...SNAP- Supplemental Nutrition Assistance Program
...GA- General Assistance
...EGA- Emergency General Assistance
...MSA- Minnesota Supplemental Aid
...MSA-EA- MSA Emergency Assistance
...EA- Emergency Assistance
...Energy or Fuel Assistance
...Work Participation Cash Benefit
...MA- Medical Assistance
...MinnesotaCare
...Medicare Part B- Premium Payments help
...Medicare Part D- Extra
...SSI- Supplemental Security Income
...Tax Credits- federal Earned Income Tax Credit (EITC), Minnesota Working Family Credit
...Renter's Refund(also called Renter's Property Tax Credit)
List the case number and county for every box you checked:
Government benefits also include:
...Social Security benefits
...Unemployment benefits
...Workers' compensation
...Veterans' benefits
If you get any of these government benefits, include copies of any documents that show you get them.
... I get other assistance based on need that is not on the list. It comes from:.
.
Make sure you include copies of any documents that show this.
Other Protected Funds
The money from these things are also completely protected after they are deposited in my account.
... Child Support
... A retirement, disability, or accident pension or annuity
... Earnings of my child who is under 18 years of age
... Payments to me from a life insurance policy
... Money paid to me from a claim for damage or destruction of property. Property includes household goods, farm tools or machinery, tools for my job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances
... Death benefits paid to me
You can claim these exemptions when you get a notice.You will get the notice at least 10 days BEFORE a wage garnishment. BUT if the creditor garnishes your bank account, you won't get the notice until AFTER the account has been frozen. If you believe the money in your bank account or your wages are exempt, contact the person below right away. Tell them why you think your account or wages are exempt to see if you can avoid garnishment.
Subd. 11.Notice of intent to garnish.
The notice of intent to garnish must be in substantially the following form:
IMPORTANT! READ THIS CAREFULLY!
NOTICE OF INTENT TO GARNISH
Your money, property, or earnings are in danger of being garnished because you did not send a written "Answer" to the Summons and Complaint served on you over 20 days ago.
There may not be a case filed in court, BUT because you did not send a written "Answer" the creditor may serve a garnishment summons on your employer, bank, or other third parties. This means that your money or wages can be garnished (held or taken). Under Minnesota law, this can happen any time 20 days after the date you receive this notice.
There will beNO COURT HEARINGor any further notice to you prior to a garnishment if you do nothing. There may not be a file open at the Clerk of the Court's office.There are things you can do to avoid a garnishment, but you must act quickly.
Please read these instructions carefully.You have 20 daysto do one of the following:
1.Send an Answer.If you do not think you owe the money or if you have a legal reason that you did not pay, send a written "Answer" to the Summons and Complaint. Your "Answer" should tell the creditor why you think you do not owe some or all of the money. Contact a lawyer if you do not know what to do, need help with an answer, or have any questions about the debt.
2.Claim an Exemption.Even if you do not have a defense to the complaint, some of your money may be protected (the legal word is exempt) from garnishment. This means it is protected and cannot be taken. The creditor will send you a form to claim these exemptions at a later time,but you can possibly avoid the garnishmentby contacting the person belowimmediatelyto claim your exemption. Attached to this notice is a list of exemptions you may be able to claim.
3.If you do not have a defense and your money is not exemptyou cancallthe person below before the 20 days are up and try to set up a payment plan that works for both you and your creditor. You can contact the person below at any time to try to work out a payment plan, but if you wait too long or cannot agree on a payment plan, they may garnish your wages, bank accounts, or assets.
If you do not do any of these things, your money can be garnished.The creditor can garnish your wages, bank accounts, or other assets. They do not have to go to court to let you know when they start taking your money.
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Minnesota § 571.72, Counsel Stack Legal Research, https://law.counselstack.com/statute/mn/571.72.