§ 571.81 — GARNISHMENT LIEN; PRIORITIES OF CREDITORS

Minnesota § 571.81

• Jurisdiction: Minnesota
• Part: POSTJUDGMENT REMEDIES; ALTERNATIVE DISPUTE RESOLUTION; BONDS
• Ch. 571: GARNISHMENT

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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 section571.73, subdivision 3.

Subd. 2.Priorities of creditors.
Except as provided in this subdivision or in section518A.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 section571.923. 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.

Legislative 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