reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.25 — Bonding Requirements.

565.25 BONDING REQUIREMENTS.
Subdivision 1.
Order of seizure of property.
An order for seizure of property from the respondent shall provide that the seizure shall be contingent upon claimant's filing of a bond approved by the court conditioned for the return of the property to the respondent, if a return be adjudged, and for the payment to the respondent of any sum adjudged against the claimant. The bond shall be in an amount which is 1-1/2 times the fair market value of the property seized.
Subd. 2.
Bond.
(a) Except as otherwise provided in paragraph (b) and section 565.251, the respondent may retain or regain possession of the property by filing of a bond approved by the court conditioned that the property shall be delivered to the claimant, if delivery be adjudged, and for the payment to the claimant of any sum adjudged against the respondent. The bond shall be in an amount 1-1/4 times the fair market value of the property or 1-1/2 times the amount of the claimant's claim, whichever is less. An order for seizure may specify a time limitation within which the bond must be filed. For the purpose of protecting or preserving the property pending final hearing on the merits, the court may in extraordinary circumstances, which shall be specified in its order, provide that the respondent may not retain or regain possession of the property upon rebonding, or may limit or condition the right to retain or regain the property upon rebonding. The costs of regaining possession of the property from the sheriff or the claimant shall be borne by respondent except as set forth in paragraph (b).
(b) If at a hearing following seizure of property pursuant to section 565.24 claimant fails to establish a right to continued possession, the court shall order the property returned to respondent, the costs to be borne by claimant. The court may order claimant's bond to continue in an amount sufficient to offset damages claimed by respondent by reason of the seizure.
Subd. 3.
Fair market value.
The current fair market value of the property shall initially be presumed as stated in the affidavit submitted pursuant to section 565.23, subdivision 1. If the court determines the current fair market value of the property is different, it shall adjust the required amount of the bonds.
Subd. 4.
Deposit with court.
In lieu of filing a bond, either claimant or respondent may satisfy bonding requirements by depositing with the court cash, a cashier's check, or a certified check.
History:
1979 c 18 s 5; 1985 c 306 s 8
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.251 — Possession By Respondent Without Bond; Stay Of Proceeding.

565.251 POSSESSION BY RESPONDENT WITHOUT BOND; STAY OF PROCEEDING.
The court may allow the respondent to retain or regain possession of the property without filing a bond and may stay the action by the claimant for a reasonable period of time not to exceed six months if the following conditions are met:
(1) the respondent is unable to make the required payments due to unforeseen economic circumstances beyond the respondent's control;
(2) the respondent is dependent on the use of the property to earn a living;
(3) the respondent insures the property for its fair market value;
(4) the respondent makes periodic payments to the claimant representing the depreciation in market value of the property while the respondent retains possession, in an amount and during the times determined by the court; and
(5) the respondent makes periodic payments to the claimant representing the value of the use of the property or the cost to the claimant of the lost opportunity to use the property, in an amount and during the times determined by the court.
History:
1985 c 306 s 9
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.26 — Order For Seizure Of Property.

565.26 ORDER FOR SEIZURE OF PROPERTY.
Subdivision 1.
Seizure order requirements.
An order for seizure of property shall:
(1) identify the property to be seized;
(2) direct the sheriff to seize the property; and
(3) specify that the claimant is authorized, immediately or after a specified reasonable period of time, to sell or otherwise dispose of the property pending final hearing on the merits unless the court makes a specific finding that the interests of respondent cannot be adequately protected by the bond.
Subd. 2.
Order entry.
An order for seizure of property may:
(1) describe the place or places which may be entered by force by the sheriff subject to the limitations of clause (3);
(2) require that the respondent, the respondent's agents or employees deliver the property to claimant or disclose its location, and, if delivery is not made or the location is not disclosed, that respondent must 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 respondent 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 therefrom. The sheriff may not enter the residence of a person other than respondent unless the order 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:
1979 c 18 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.27 — Sufficiency Of Surety.

565.27 SUFFICIENCY OF SURETY.
A person asserting a claim to property seized by order of the court may by motion challenge the sufficiency of the surety for the bond filed with the court. If the court finds the surety insufficient, it may grant a reasonable time for the filing of another bond.
History:
1979 c 18 s 7
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.28 — Fees To Sheriff.

565.28 FEES TO SHERIFF.
Upon taking property pursuant to an order of the court, the sheriff shall keep it in a secure place and shall deliver it to the party entitled thereto as soon as reasonably possible upon receiving lawful fees and expenses for taking and keeping the property.
The sheriff shall promptly return, without cost, any property taken which is not specified in the court's order.
History:
1979 c 18 s 8; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 565 — Claim; Possession Of Personal Property › Section 565.29 — Advancement On Calendar.

565.29 ADVANCEMENT ON CALENDAR.
A motion for advancement on the calendar or for a date certain for final hearing on the merits may be presented at any time and may be combined with any other motion and the court may advance the case or set a date certain as the ends of justice require.
History:
1979 c 18 s 9
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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