Minn. Stat. § 332.71 — MN Code / Part 324_342 / Chapter 332 / Section 332.71
§ 332.71 DEFINITIONS.
Status: repealed

§ Subdivision 1. Scope. For the purposes of sections 332.71 to 332.75 , the definitions in this section have the meanings given them.

§ Subd. 2. Coerced debt. (a) "Coerced debt" means all or a portion of debt in a debtor's name that has been incurred as a result of: (1) the use of the debtor's personal information without the debtor's knowledge, authorization, or consent; (2) the use or threat of force, intimidation, undue influence, fraud, deception, coercion, or other similar means against the debtor; or (3) economic abuse perpetrated against the debtor. (b) Coerced debt does not include secured debt.

§ Subd. 3. Creditor. "Creditor" means a person, or the person's successor, assignee, or agent, claiming to own or have the right to collect a debt owed by the debtor.

§ Subd. 4. Debtor. "Debtor" means a person who (1) is a victim of domestic abuse, economic abuse, or sex or labor trafficking, and (2) owes coerced debt.

§ Subd. 5. Documentation. "Documentation" means: (1) a police report; (2) a Federal Trade Commission identity theft report; (3) an order in a dissolution proceeding under chapter 518 that declares that one or more debts are coerced; or (4) a sworn written certification.

§ Subd. 6. Domestic abuse. "Domestic abuse" has the meaning given in section 518B.01 , subdivision 2.

§ Subd. 7. Economic abuse. "Economic abuse" means behavior in the context of a domestic relationship that controls, restrains, restricts, impairs, or interferes with the ability of a debtor to acquire, use, or maintain economic resources, including but not limited to: (1) withholding or restricting access to, or the acquisition of, money, assets, credit, or financial information; (2) interfering with the victim's ability to work and earn wages; or (3) exerting undue influence over a person's financial and economic behavior or decisions.

§ Subd. 8. MS 2023 Supp [Repealed, 2024 c 114 art 3 s 104 ]

§ Subd. 9. Labor trafficking. "Labor trafficking" has the meaning given in section 609.281 , subdivision 5.

§ Subd. 10. Qualified third-party professional. "Qualified third-party professional" means: (1) a domestic abuse advocate, as defined under section 595.02, subdivision 1 , paragraph (l); (2) a sexual assault counselor, as defined under section 595.02, subdivision 1 , paragraph (k); (3) a licensed health care provider, mental health care provider, social worker, or marriage and family therapist; or (4) a nonprofit organization in Minnesota that provides direct assistance to victims of domestic abuse, sexual assault, or sex or labor trafficking.

§ Subd. 11. Sex trafficking. "Sex trafficking" has the meaning given in section 609.321 , subdivision 7a.

§ Subd. 12. Sworn written certification. "Sworn written certification" means a statement by a qualified third-party professional in the following form: "CERTIFICATION OF QUALIFIED THIRD-PARTY PROFESSIONAL I, .................... (name of qualified third-party professional), do hereby certify under penalty of perjury as follows: 1. I am a licensed health care provider, mental health care provider, social worker, marriage and family therapist, domestic abuse advocate, as that term is defined in Minnesota Statutes, section 595.02, subdivision 1 , paragraph (l), or sexual assault counselor, as that term is defined in Minnesota Statutes, section 595.02, subdivision 1 , paragraph (k), or a staff member of a nonprofit organization that provides direct assistance to victims of domestic abuse, sexual assault, or sex or labor trafficking, who has had in-person contact or face-to-face contact through an electronic medium with .................... (name of debtor). 2. Based on my professional interactions with the debtor and information presented to me in my professional capacity, I have a reasonable basis to believe .................... (name of debtor) is a victim of domestic abuse, harassment, sex trafficking, or labor trafficking, and has incurred all or a portion of debt that is coerced debt, as that term is defined in Minnesota Statutes, section 332.71, subdivision 2 . 3. Based on my professional interactions with the debtor and on information presented to me, I have reason to believe that the circumstances under which the coerced debt was incurred are as follows: 4. The following debts or portions of the debts have been identified to me as coerced: I attest that the foregoing is true and correct. (Printed name of qualified third party) (Signature of qualified third party) (Business address and business telephone) (Date)"