reglab/housing_qa huggingface dataset:
MN Stat § 571.77 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.77 — Salary Of Public Servants.

571.77 SALARY OF PUBLIC SERVANTS. The salary or wages of an official or employee of a county, town, city, or school district, or any department of these bodies, is subject to garnishment. The garnishment summons shall be served upon the auditor, treasurer, or clerk of the body, or head of the department of the body of which that person is an official or employee. The disclosure shall be made by the officer or person so served, or by some person designated by that person having knowledge of the facts. If payment is made by the county, town, city, or school district, or any department of these bodies pursuant to a judgment against it as garnishee, a certified copy of the judgment with a certificate of satisfaction to the extent of the payment endorsed on it shall be delivered to the treasurer as a voucher for the payment. History:   1990 c 606 art 3 s 9
MN Stat § 571.771 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.771 — Money Due From State Departments.

571.771 MONEY DUE FROM STATE DEPARTMENTS. Money due or owing to any entity or person by the state on account of any employment, work, contract with, or services provided to any state department or agency is subject to garnishment. The garnishment summons may be served upon the head of the department or agency in the same manner as other summons in that court of record except that service may not be made by publication. Service of the garnishment summons may also be made by certified mail, return receipt requested. The disclosure must be made by the head of the department or agency, or by some person designated by the head having knowledge of the facts. If payment is made pursuant to judgment against the state as garnishee, a certificate of satisfaction to the extent of the payment endorsed on it must be delivered to the head of the department or agency as a voucher for the payment. History:   2000 c 405 s 19
MN Stat § 571.78 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.78 — Duties Of A Garnishee.

571.78 DUTIES OF A GARNISHEE. A garnishee shall: (1) complete the garnishment disclosure form and return it to the creditor, and serve a copy on the debtor as required by section 571.75; (2) retain nonexempt disposable earnings, indebtedness, money, or other property belonging to the debtor up to 110 percent of the amount claimed in the garnishment summons, as required by section 571.73, except as limited by section 571.922; (3)(a) remit and deliver the garnished nonexempt disposable earnings, indebtedness, money, or other property to the creditor upon levy, written authorization of the debtor, court order, or operation of law. However, the garnishee shall not be compelled to deliver the nonexempt earnings, indebtedness, money, or other property at any time or place other than as stipulated in the contract between the garnishee and the debtor; or (b) return the garnished nonexempt disposable earnings, indebtedness, money, or other property to the debtor when the garnishment retention period expires as set forth in section 571.79. History:   1990 c 606 art 3 s 10
MN Stat § 571.81 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.81 — Garnishment Lien; Priorities Of Creditors.

571.81 GARNISHMENT LIEN; PRIORITIES OF CREDITORS. 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 section 571.73, subdivision 3. Subd. 2. Priorities of creditors. Except as provided in this subdivision or in section 518A.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 section 571.923. 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. 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
MN Stat § 571.82 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.82 — Judgment Against Garnishee.

571.82 JUDGMENT AGAINST GARNISHEE. Subdivision 1. Judgment upon failure to disclose. If a garnishee fails to serve a disclosure as required in this chapter, the court may render judgment against the garnishee, upon motion by the creditor, for an amount not exceeding 110 percent of the amount claimed in the garnishment summons. The motion shall be supported by an affidavit of the facts and shall be served upon both the debtor and the garnishee. The court upon good cause shown may remove the default and permit the garnishee to disclose on just terms. Subd. 2. Limitation of liability. Judgment against a garnishee shall be rendered, if at all, for the amount due to the debtor, or as much as may be necessary to satisfy the creditor's claim against the debtor, with costs taxed and allowed in the proceeding against the garnishee but not to exceed 110 percent of the amount claimed in the garnishment summons. This judgment discharges the garnishee from all claims of all parties named in the process in and to the property or money paid, delivered, or accounted for by the garnishee by force of the judgment. History:  1990 c 606 art 3 s 14; 2000 c 405 s 21
MN Stat § 571.83 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.83 — Joinder And Intervention By Persons In Interest.

571.83 JOINDER AND INTERVENTION BY PERSONS IN INTEREST. If it appears that a person, who is not a party to the action, has or claims an interest in any of the disposable earnings, other indebtedness, money, or other property, the court shall permit that person to intervene or join in the garnishment proceeding. If that person does not appear, the court may summon that person to appear or order the claim barred. The person so appearing or summoned shall be joined as a party and be bound by the judgment. History:   1990 c 606 art 3 s 15
MN Stat § 571.84 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.84 — Valuation And Disposition Of Property In Hands Of The Garnishee.

571.84 VALUATION AND DISPOSITION OF PROPERTY IN HANDS OF THE GARNISHEE. On motion of a person in interest the court may: (1) determine the value of property of the debtor in the hands of the garnishee; (2) make an order relative to the keeping, delivery, or sale of the property that is necessary to protect the rights of those interested; or (3) require the property to be delivered to a receiver or other person appointed by the court. If the garnishee refuses or neglects to comply with an order of the court, the garnishee may be held in contempt of court, and is also liable to the creditor for the value of the property, less the amount of a lien. History:   1990 c 606 art 3 s 16
MN Stat § 571.85 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.85 — Lien Of Garnishee.

571.85 LIEN OF GARNISHEE. If it appears that the garnishee has a security interest or lien on the indebtedness or property, the creditor, on motion, may be permitted to pay the amount of the lien or security interest, and the amount that is paid shall be repaid to the creditor, with interest, out of the proceeds from the sale of the indebtedness or property. The garnishee may sell the property to satisfy the lien, if a sale is authorized by the contract between the debtor and garnishee, at any time before the payment or tender. History:   1990 c 606 art 3 s 17
MN Stat § 571.86 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.86 — Discharge Not A Bar.

571.86 DISCHARGE NOT A BAR. If a person summoned as a garnishee is discharged pursuant to section 571.79, or released by the creditor, the discharge is no bar to an action brought against the garnishee by the debtor or other claimants. History:   1990 c 606 art 3 s 18
MN Stat § 571.87 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.87 — Transfer To Another Court.

571.87 TRANSFER TO ANOTHER COURT. In case of a change in venue or removal to a United States District Court, whether before or after full disclosure, the garnishment proceeding must be changed to the county or court to which the action is transferred. Written notice of the transfer, specifying the court to which the transfer is made, shall be served by the creditor on the garnishee. The transfer carries with it all pending proceedings and any disclosure made in those proceedings. History:   1990 c 606 art 3 s 19
MN Stat § 571.88 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.88 — Appeal.

571.88 APPEAL. A party to a garnishment proceeding aggrieved by an order or final judgment may appeal as in other civil cases. History:   1990 c 606 art 3 s 20
MN Stat § 571.90 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.90 — Penalty In Certain Garnishment Proceedings.

571.90 PENALTY IN CERTAIN GARNISHMENT PROCEEDINGS. A creditor who serves or causes to be served a garnishment summons before entry of judgment in the main action, except when garnishment before entry of judgment is permitted under this chapter, is liable to the debtor named in the garnishment proceedings in the amount of $100, plus actual damages, plus reasonable attorney's fees and costs. Any action by a creditor made in bad faith and in violation of this chapter renders the garnishment void and the creditor liable to the debtor named in the garnishment in the amount of $100, actual damages, and reasonable attorney's fees and costs. History:   1990 c 606 art 3 s 21
MN Stat § 571.91 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.91 — Garnishment Of Funds At A Financial Institution.

571.91 GARNISHMENT OF FUNDS AT A FINANCIAL INSTITUTION. Sections 571.911 to 571.915 relate to the garnishment of funds at a financial institution. History:   1990 c 606 art 3 s 22
MN Stat § 571.911 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.911 — Exemption Notice; Duty Of Financial Institution.

571.911 EXEMPTION NOTICE; DUTY OF FINANCIAL INSTITUTION. If the garnishment summons is used to garnish funds of a debtor who is a natural person and if the funds to be garnished are held on deposit at a financial institution, the creditor shall serve with the garnishee summons a notice, instructions, and two copies of an exemption notice. The notice, instructions, and exemption notices must be substantially in the forms set forth in section 571.912. Failure of the creditor to send the exemption notice renders the garnishment void, and the financial institution shall take no action. Upon receipt of the garnishment summons and exemption notices, the financial institution shall retain as much of the amount under section 571.73 as the financial institution has on deposit owing to the debtor, but not more than 110 percent of the creditor's claim. History:  1990 c 606 art 3 s 23; 2009 c 31 s 7
MN Stat § 571.913 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.913 — Effect Of Exemption Notice.

571.913 EFFECT OF EXEMPTION NOTICE. Within two business days after receipt of the garnishment summons, the notice, instructions, and two copies of the exemption notice, the financial institution shall serve upon the debtor the notice, instructions, and two copies of the exemption notice. The financial institution shall serve these forms by first class mail to the last known address of the debtor. If no claim of exemption is received by the financial institution within 14 days after the exemption notices are mailed to the debtor, the funds remain subject to the garnishment summons. If the debtor elects to claim an exemption, the debtor shall complete the exemption notices, sign them under penalty of perjury, and deliver one copy to the financial institution and one copy to the attorney for the creditor within 14 days of the date postmarked on the correspondence mailed to the debtor containing the exemption notices. The debtor is also required to include copies of bank statements for the prior 60 days with the exemption notice delivered to the attorney for the creditor. In the event that there is no attorney for the creditor, then the notice and the bank statements must be sent directly to the creditor. Failure of the debtor to deliver the executed exemption notice or copies of the required bank statements for the prior 60 days does not constitute a waiver of a claimed right to an exemption. Upon timely receipt of a claim of exemption, funds not claimed to be exempt by the debtor remain subject to the garnishment summons. All money claimed to be exempt shall be released to the debtor upon the expiration of six business days after the date postmarked on the envelope containing the executed exemption notice mailed to the financial institution, or the date of personal delivery of the executed exemption notice to the financial institution, unless within that time the creditor interposes an objection to the exemption. History:  1990 c 606 art 3 s 25; 2009 c 31 s 9
MN Stat § 571.914 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.914 — Objection To Exemption Claim.

571.914 OBJECTION TO EXEMPTION CLAIM. Subdivision 1. Objections and request for hearing. An objection shall be interposed, within six business days of receipt by the creditor of an exemption claim from the debtor, by mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the financial institution and one copy of the Notice of Objection and Notice of Hearing to the debtor. The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2. The court administrator may charge a fee of $1 for the filing of a Notice of Objection and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, the court administrator shall schedule the matter for hearing no sooner than five business days but no later than seven business days from the date of filing. A debtor may request continuance of the hearing by notifying the creditor and the court. The court shall schedule the continued hearing within seven days of the original hearing date. An order stating whether the debtor's funds are exempt shall be issued by the court within three days of the date of the hearing. Subd. 2. Form of Notice of Objection and Notice of Hearing. The Written Objection and Notice of Hearing must be in substantially the following form:     DISTRICT COURT   . JUDICIAL DISTRICT   CREDITOR'S NOTICE OF OBJECTION    AND NOTICE OF HEARING ON   EXEMPTION CLAIM       NOTICE OF HEARING   The creditor objects to your exemption claim. This hearing is to resolve your exemption claim.   Hearing Date:  .    Time:  .    Hearing Place:  .    The creditor objects to your claim of exemption from garnishment for the following reason(s):     .     .     .    (Note: Bring with you to the hearing all documents and materials supporting your exemption claim. Failure to do so could delay the court's decision.) If the creditor receives all documents and materials supporting your exemption claim before the hearing date, the creditor may agree with your claim and you can avoid a hearing. Because a court hearing will be held on your claim that your funds are protected, your financial institution will retain the funds until it receives an order from the court. Subd. 3.  [Repealed by amendment, 2009 c 31 s 10] Subd. 4. Duties of financial institution if objection is made to exemption claim. Upon receipt of a Notice of Objection and Notice of Hearing from the creditor within the specified six-day period, the financial institution shall retain the funds claimed to be exempt. The financial institution shall retain the funds claimed to be exempt until otherwise ordered by the court, upon mutual agreement of the parties, or until the garnishment lapses pursuant to section 571.79. History:  1990 c 606 art 3 s 26; 1992 c 464 art 1 s 56; 2000 c 405 s 23; 2009 c 31 s 10; 2010 c 382 s 80
MN Stat § 571.915 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.915 — Release Of Funds.

571.915 RELEASE OF FUNDS. At any time the debtor or the creditor may, by a writing dated after the service of the garnishment summons, direct the financial institution to release the funds in question to the other party. Upon receipt of a release, the financial institution shall release the funds as directed. History:   1990 c 606 art 3 s 27
MN Stat § 571.92 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.92 — Garnishment Of Earnings.

571.92 GARNISHMENT OF EARNINGS. Sections 571.921 to 571.926 relate to the garnishment of earnings. History:   1990 c 606 art 3 s 28
MN Stat § 571.921 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.921 — Definitions.

571.921 DEFINITIONS. For purposes of sections 571.921 to 571.926, the following terms have the meanings given them: (a) "Earnings" means: (1) compensation paid or payable to an employee for personal service whether denominated as wages, salary, commissions, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; (2) compensation paid or payable to the producer for the sale of agricultural products; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2; or (3) maintenance as defined in section 518.003, subdivision 3a. (b) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. (c) "Employee" means an individual who performs services subject to the right of the employer to control both what is done and how it is done. (d) "Employer" means a person for whom an individual performs services as an employee. History:  1990 c 606 art 3 s 29; 1998 c 382 art 2 s 19; 2005 c 164 s 29; 1Sp2005 c 7 s 28
MN Stat § 571.922 (2021)
2021 Minnesota Statutes|Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds|Chapter 571 — Garnishment|Section 571.922 — Limitation On Wage Garnishment.

571.922 LIMITATION ON WAGE GARNISHMENT. (a) Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to garnishment may not exceed the lesser of: (1) 25 percent of the debtor's disposable earnings; or (2) the amount by which the debtor's disposable earnings exceed the greater of: (i) 40 times the hourly wage described in section 177.24, subdivision 1, paragraph (b), clause (1), item (iii); or (ii) 40 times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, United States Code, title 29, section 206(a)(1). The calculation of the amount that is subject to garnishment must be based on the hourly wage in effect at the time the earnings are payable, times the number of work weeks in the pay period. When a pay period consists of other than a whole number of work weeks, each day of that pay period in excess of the number of completed work weeks shall be counted as a fraction of a work week equal to the number of excess workdays divided by the number of days in the normal work week. (b) If the judgment is for child support, the garnishment may not exceed: (1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received); (2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received); (3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received); or (4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received). Wage garnishments on judgments for child support are effective until the judgments are satisfied if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied. (c) No court may make, execute, or enforce an order or any process in violation of this section. History:  1990 c 606 art 3 s 30; 1991 c 156 s 20; 1993 c 156 s 18; 2020 c 86 art 4 s 20