reglab/housing_qa huggingface dataset:
MN Stat § 570.01 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.01 — Allowance Of Attachment.

570.01 ALLOWANCE OF ATTACHMENT. As a proceeding ancillary to a civil action for the recovery of money and to any action brought by the attorney general under the authority of section 8.31, subdivision 1, or any other law respecting unfair, discriminatory, or other unlawful practices in business, commerce, or trade, the claimant, at the time of commencement of the civil action or at any time afterward, may have the property of the respondent attached in the manner and in the circumstances prescribed in sections 570.01 to 570.14, as security for the satisfaction of any judgment that the claimant may recover. The order for attachment may be issued only by a judge of the court in the county in which the civil action is pending. All property not exempt from execution under the judgment demanded in the civil action is subject to attachment. History:  (9342) RL s 4215; 1965 c 51 s 82; 1985 c 153 s 1; 1994 c 632 art 3 s 58
MN Stat § 570.011 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.011 — Definitions.

570.011 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 570.01 to 570.14, the terms defined in this section have the meanings given them. Subd. 2. Claimant. "Claimant" means a party requesting an order of attachment, whether that party is the plaintiff, defendant, or any other party in the civil action. Subd. 3. Respondent. "Respondent" means a party against whom an order of attachment is requested. Subd. 4. Designation of parties. Each pleading or other document presented for filing pertaining to the ancillary proceeding for attachment shall designate each party as claimant or respondent. History:   1985 c 153 s 2
MN Stat § 570.02 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.02 — Grounds For Attachment.

570.02 GROUNDS FOR ATTACHMENT. Subdivision 1. Grounds. An order of attachment that is intended to provide security for the satisfaction of a judgment may be issued only in the following situations: (1) when the respondent has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the respondent's nonexempt property, with intent to delay or defraud the respondent's creditors; (2) when the respondent has removed, or is about to remove, any of the respondent's nonexempt property from this state, with intent to delay or defraud the respondent's creditors; (3) when the respondent has converted or is about to convert any of the respondent's nonexempt property into money or credits, for the purpose of placing the property beyond the reach of the respondent's creditors; (4) when the respondent has committed an intentional fraud giving rise to the claim upon which the civil action is brought; (5) when the respondent has committed any act or omission, for which the respondent has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or (6) when the respondent has violated the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, including but not limited to any of the statutes specifically enumerated in section 8.31, subdivision 1. Subd. 2. Quasi-in-rem jurisdiction. Attachment may be used to obtain quasi-in-rem jurisdiction over a party to the extent consistent with due process of law. History:  (9343) RL s 4216; 1981 c 277 s 1; 1983 c 243 s 3; 1985 c 153 s 3; 1994 c 632 art 3 s 59
MN Stat § 570.041 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.041 — Bonding Requirements.

570.041 BONDING REQUIREMENTS. Subdivision 1. Amount and condition. Before issuing any order of attachment, the court shall require the claimant to post a bond in the penal sum of at least $500, conditioned that if judgment be given for the respondent or if the order is vacated, the claimant will pay all costs that may be awarded against the claimant and all damages caused by the attachment. Damages may be awarded in a sum in excess of the bond only if, before issuance of the order establishing the amount of the bond, the respondent specifically notified the claimant and the court of the likelihood that the respondent would suffer the specific damages, or the court finds that the claimant acted in bad faith in bringing or pursuing the attachment proceeding. In establishing the amount of the bond, the court shall consider the value and nature of the property attached, the method of retention or storage of the property, the potential harm to the respondent or any party, and other factors that the court deems appropriate. Nothing in this section shall modify or restrict the application of section 549.20 or 549.211. Subd. 2. Modifications. The court may at any time modify the amount of the bond upon its own motion or upon the motion of any party based on the value of the property attached, the nature of the property attached, the methods of retention or storage of the property, the potential harm to the respondent or any party, or other factor which the court deems appropriate. Subd. 3. Alternatives. In lieu of filing a bond, either the claimant or the respondent may satisfy bonding requirements by depositing cash, a letter of credit, a cashier's check, or a certified check with the court. History:  1985 c 153 s 6; 1997 c 213 art 2 s 3
MN Stat § 570.051 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.051 — Attachment Order.

570.051 ATTACHMENT ORDER. Subdivision 1. Requirements of order. An order for attachment shall: (1) contain the findings required by section 570.026; (2) state with particularity the facts upon which the findings are made; (3) state that any respondent who attended the hearing was offered an opportunity to identify exempt property, without waiver of the right to claim exemption in property not identified at the hearing; (4) direct the sheriff of the county in which the court is located or of any other county to seize and safely keep all nonexempt property of the respondent or such specific property as the court may specify, or so much as is necessary to satisfy the amount claimed with expenses and costs using the full force of the county; (5) authorize the sheriff to keep the property attached in any manner considered appropriate in the reasonable judgment of the sheriff, unless the order otherwise specifies the method of keeping; and (6) specify the amount of the bond. Subd. 2. Other provisions of order. An order for attachment may: (1) describe the place or places which may be entered by the sheriff using the full force of the county subject to the limitations of clause (3); (2) require the respondent, the respondent's agents or employees, or any other person having possession of the property subject to the order to deliver the property to the sheriff. The order may also require the respondent, its officers or managing agent, or any other person named in the order to disclose the location of any nonexempt property that was assigned, secreted, or disposed of, or removed or about to be removed from the state with intent to delay or hinder the respondent's creditors, or property that was converted or was about to be converted for the purpose of putting it beyond the reach of the respondent's creditors. The order may also provide that, if delivery is not made or the location is not disclosed, the respondent or any other person specified in the order appear in court at a specified time and place to give testimony as to the location of the property and to show cause why an order should not be entered finding the respondent or other person specified in this section in contempt of court for failure to deliver the property or to disclose its location; and (3) provide that if the property, or any of it, is concealed in a building or elsewhere, and a public demand made by the sheriff for its delivery is refused or there is no response, the sheriff shall cause the building or enclosure to be broken open and shall take the property from it. The sheriff may not enter the residence of a person other than the respondent unless the order so specifies, identifying with particularity the residence or residences which may be entered, on the basis of a finding by the court that probable cause exists to believe that the property is at this residence. History:   1985 c 153 s 7
MN Stat § 570.061 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.061 — Execution Of Order Of Attachment.

570.061 EXECUTION OF ORDER OF ATTACHMENT. Subdivision 1. Time of execution. The sheriff shall execute an attachment order without delay after receiving it. If the sheriff does not attach property within 90 days after the order is issued by the court, or such further time as the court may order, the order shall automatically terminate. If property is attached within this time period, the attachment will remain effective until executed, satisfied, discharged, or vacated, as provided in this chapter. Subd. 2. Execution on real estate. Real estate shall be attached by the recording of the sheriff's certified copy of the order and of a return of attachment containing a description of the real estate with the county recorder, or with the registrar of titles with respect to registered property, for the county in which the real estate is located, and serving a copy of the order and return upon the respondent in the manner provided for a service of a summons, if the respondent can be found in the county. If the respondent cannot be found in that county, the order and return shall be mailed by registered mail or certified mail to the respondent's last known address. The attachment shall be a lien on the interest of the respondent in the real estate from the time of recording with the recorder or registrar. Subd. 3. Execution on personal property. Personal property shall be attached in the manner provided by law for levy of execution and, so far as practicable, the provisions relating to the levy shall govern the execution of the attachment order. When an attachment of personal property has been made, the sheriff shall affix to the order an inventory of the property attached, specifying any proposed sale of perishable property, and shall serve a copy of the order and inventory upon the respondent in the manner provided for the service of a summons if the respondent can be found in the county. If the respondent cannot be found in the county, the order and return shall be mailed by registered or certified mail to the respondent's last known address. Attachment of personal property shall be a lien on the interest of the respondent in the personal property from the time of seizure by the sheriff or subjection to the control of the sheriff. Subd. 4. Perishable property. If any of the property attached is perishable, the sheriff shall sell the perishable property in the manner provided for the sale of personal property on execution. The sheriff shall also take such legal proceedings, either in the sheriff's own name or that of the respondent, as may be necessary for the recovery of credits and affects attached. Subd. 5. Record of execution of order. When any attachment order is fully executed or discharged, the sheriff shall return the order to the court administrator, with an attached record of the sheriff's actions in executing or discharging the order of the court. History:  1985 c 153 s 8; 1Sp1986 c 3 art 1 s 82; 2005 c 4 s 138
MN Stat § 570.071 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.071 — Public Employees; Attachment Of Wages.

570.071 PUBLIC EMPLOYEES; ATTACHMENT OF WAGES. The salary or wages of an officer or employee of a county, city, town, or school district, or of any department of the subdivision may be attached. Where the respondent is an officer, the order shall be served upon the auditor, treasurer, or clerk of the subdivision or department of which the respondent is an officer. Where the respondent is an employee other than an officer, the order shall be served upon the person in charge of the office or department in which the employee works. When payment has been made pursuant to levy, a copy of the attachment with certificate of satisfaction shall be delivered to the treasurer as a voucher for payment. History:   1985 c 153 s 9
MN Stat § 570.08 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.08 — Judgment For Claimant, How Satisfied.

570.08 JUDGMENT FOR CLAIMANT, HOW SATISFIED. If judgment is recovered by the claimant, the sheriff shall satisfy the judgment out of the property attached, if sufficient, first paying to claimant the proceeds of sales of perishable property and of all credits collected by the sheriff, or so much as may be required. If a balance remains due and an execution on the judgment is issued, the sheriff shall sell as much of the attached property as may be necessary to satisfy the balance. The fees and costs of the sheriff shall be deducted before any payment to the claimant. History:  (9349) RL s 4222; 1985 c 153 s 10
MN Stat § 570.094 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.094 — Attached Property Retaken; Damages.

570.094 ATTACHED PROPERTY RETAKEN; DAMAGES. If any of the attached property belonging to the respondent passes out of the sheriff's hands without being converted into money, the sheriff may retake the property, and for that purpose has all the powers originally conferred by the order; and any person who conceals or willfully withholds the property from the sheriff shall be liable for actual damages and punitive damages, in an appropriate case, at the suit of the party injured. History:   1985 c 153 s 11
MN Stat § 570.11 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.11 — Satisfaction And Discharge; Real Estate.

570.11 SATISFACTION AND DISCHARGE; REAL ESTATE. An attachment of real estate may be released by recording with the county recorder or the registrar of titles for registered property: (1) a certified copy of an order of the court vacating the attachment, or of a final judgment in the respondent's favor, or a satisfaction of judgment in the claimant's favor, rendered in the civil action; (2) a certificate of satisfaction or discharge of the attachment, executed and acknowledged by the claimant or the claimant's attorney, as required for the satisfaction of a mortgage; or (3) a deed of release of the attached premises, or of any part or interest therein, in which case the parts or interests not described in the deed shall remain subject to the attachment lien. History:  (9352) RL s 4225; 1975 c 148 s 2; 1976 c 181 s 2; 1985 c 153 s 12; 2005 c 4 s 139
MN Stat § 570.12 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.12 — Satisfaction And Discharge; Personal Property.

570.12 SATISFACTION AND DISCHARGE; PERSONAL PROPERTY. When an attachment of personal property has been made by filing a copy of the order with any public official, its discharge shall be effected by filing in the same office as any instrument mentioned in section 570.11. History:  (9353) RL s 4226; 1985 c 153 s 13
MN Stat § 570.131 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.131 — Modification Or Expiration Of Attachment.

570.131 MODIFICATION OR EXPIRATION OF ATTACHMENT. Subdivision 1. Modification. Before the entry of judgment, any party may obtain vacation of the order of attachment, the release of any property, or the modification of any term or condition of the order upon a bond or other condition as the court orders. Subd. 2. Expiration. The attachment shall expire upon the demand of the respondent or upon the discretion of the sheriff if: (1) in cases in which the civil action was commenced by delivery of the summons and complaint to the sheriff, service of process in the civil action is not obtained on the respondent within 60 days after the order for attachment or such further time as the court specifies; (2) judgment is entered in favor of the respondent; (3) no judgment is entered against the respondent within three years after the date of the order of attachment or such further time as the court specifies; or (4) the property subject to an attachment is not sold or otherwise applied to the judgment within six months after the date when the judgment becomes final and nonappealable. If the order of attachment is vacated, the claimant shall be responsible for payment of any charges and expenses incurred by the sheriff. After the attachment is vacated, upon request of the respondent, the claimant or the claimant's attorney shall execute any satisfaction or other document that is necessary to clear title to the respondent's property. If the claimant fails to do so, the claimant is liable for the respondent's costs in obtaining a court order to clear title. History:   1985 c 153 s 14
MN Stat § 570.14 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 570 — Attachment|Section 570.14 — Attachments And Releases; Record And Index.

570.14 ATTACHMENTS AND RELEASES; RECORD AND INDEX. All copies of orders of attachment prescribed for recording, and all satisfactions or releases of attachments of real estate thereunder, shall be recorded by the county recorder in the current method of recording mortgages, and shall be indexed as if the respondent in the attachment were a mortgagor and the claimant a mortgagee. History:  (9355) RL s 4228; 1976 c 181 s 2; 1985 c 153 s 15; 2005 c 4 s 140
MN Stat § 571.71 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.71 — Garnishment; When Authorized.

571.71 GARNISHMENT; WHEN AUTHORIZED. As an ancillary proceeding to a civil action for the recovery of money, a creditor may issue a garnishment summons as provided in this chapter against any third party in the following instances: (1) at the time the civil action is commenced or at any time after the commencement of the civil action, but before the entry of a judgment, if the court orders the issuance of the garnishment summons pursuant to section 571.93; (2) at any time 45 days or more after service of the summons and complaint upon the debtor in the civil action when a judgment by default could have, but has not, been entered pursuant to Rule 55.01(a) of the Minnesota Rules of Civil Procedure for the District Courts. Garnishment under this clause is effective only after the Notice of Intent to Garnish form in section 571.72, subdivision 11, and the Exemption form in section 571.72, subdivision 10, are served on the debtor at any time 20 or more days after the service of the Summons and Complaint and, in addition, the creditor does not receive an Answer from the debtor within 25 days after service of the Notice of Intent to Garnish. The Notice of Intent to Garnish form and the Exemption form must be substantially in the form set forth in section 571.72, subdivisions 10 and 11. If a creditor sends a Notice of Intent to Garnish form to a debtor under this clause, the creditor cannot obtain a default judgment against the debtor under Rule 55.01(a) of the Minnesota Rules of Civil Procedure for the District Courts until 25 days after the service of the Notice of Intent to Garnish form. No filing of a pleading or other documents by the creditor is required to issue a garnishment summons under this clause; however, the creditor must comply with the service requirement of section 571.72, subdivision 4; or (3) at any time after entry of a money judgment in the civil action. History:  1990 c 606 art 3 s 1; 2009 c 31 s 4
MN Stat § 571.711 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.711 — Scope Of General And Specific Provisions.

571.711 SCOPE OF GENERAL AND SPECIFIC PROVISIONS. General provisions and definitions relating to all garnishment proceedings, as authorized in this chapter, are set forth in sections 571.71 to 571.90. Specific provisions relating to garnishments involving financial institutions are set forth in sections 571.911 to 571.915. Specific provisions relating to the garnishment of earnings are set forth in sections 571.92 to 571.927. When a garnishment summons is issued against either earnings or funds in a financial institution, the applicable provisions cited in this chapter must be complied with in addition to the general provisions and definitions relating to all garnishment proceedings. Provisions contained in the statutory forms are incorporated in this chapter and have the same force of law as any other provision in this chapter. History:   1990 c 606 art 3 s 2
MN Stat § 571.712 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.712 — Definitions.

571.712 DEFINITIONS. Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have the meanings given them. Subd. 2. Definitions. (a) "Creditor" means the party who has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action and who is issuing or requesting the issuance of a garnishment summons. (b) "Debtor" means a party against whom the creditor has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action. (c) "Garnishee" means the third party upon whom the garnishment summons is served. (d) "Claim" means the unpaid balance of the creditor's judgment against the debtor or, in a prejudgment garnishment proceeding, the unpaid balance of the creditor's claim against the debtor and all lawful interest and costs and disbursements paid or incurred in the civil action or in the garnishment proceedings. Subd. 3. Designation of parties. Each pleading or other document in the ancillary proceeding of garnishment must designate each party as creditor or debtor or garnishee. History:   1990 c 606 art 3 s 3
MN Stat § 571.76 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.76 — Garnishee Fees.

571.76 GARNISHEE FEES. A garnishee shall be paid a $15 fee by the creditor at the time of service of a garnishment summons. Failure to pay the fee renders the garnishment void, and the garnishee shall take no action. If a garnishee is required to appear and submit to oral examination, the garnishee shall be tendered, in advance of the examination, fees and mileage for attendance at the rate allowed by law to a witness. These fees may be recovered by the creditor as an allowable disbursement. In extraordinary cases, the garnishee may be allowed additional sums the court considers reasonable for attorneys fees and other necessary expenses. The court shall then determine which party bears the burden of this expense. If specific articles of personal property are garnished, the garnishee is not required to deliver the property to any person until payment of the garnishee's reasonable charges for storage. History:   1990 c 606 art 3 s 8