reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.18 — Undertaking In Lieu Of Bond.

574.18 UNDERTAKING IN LIEU OF BOND.
In all cases of appeal from a county board to the district court upon the allowance or disallowance of claims, in all actions begun in the district court, in all cases of appeal or writ of error to remove a cause or proceeding to the court of appeals or the supreme court, and in all cases of special or equitable proceedings in the district court, the court of appeals, or the supreme court, the filing or service, or both, as may be required, of an undertaking, signed by a surety or sureties, as the law may require, containing a condition substantially the same as required for bonds, with like sureties, qualifications, and justifications, and without acknowledgment or signature of the principal, shall be deemed a sufficient compliance with the law to sustain the action, appeal, or proceeding. Every undertaking shall save and secure all rights and liabilities to the same extent as a bond. The damages presumed to accrue to the party against whom the proceeding is taken shall be deemed a sufficient consideration for the undertaking, though no consideration is mentioned in it. No undertaking or bond need be given upon any appeal or other proceeding instituted in favor of the state, or any county, city, town, or school district in it, or of any executor or administrator as such.
History:
(9692) RL s 4527; 1967 c 854 s 1; 1973 c 123 art 5 s 7; 1983 c 247 s 193; 1998 c 254 art 2 s 63
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.19 — Cost Of Surety Bonds; Proper Expense Items.

574.19 COST OF SURETY BONDS; PROPER EXPENSE ITEMS.
Any receiver, assignee, trustee, committee, guardian, executor, administrator, or other fiduciary, required by law to give bond as such, may include as a part of lawful expenses such actual sum paid for such suretyship, not exceeding $10 per annum when the amount of the bond is not more than $1,000, and not more than one percent per annum on the excess when over $1,000, as the head of the department, court, judge, or officer by whom, or the court or body by which, the fiduciary is appointed allows; and in all actions or proceedings the party entitled to recover costs may include therein the reasonable fees of such company for executing or guaranteeing any bond or undertaking therein. The several county and town boards, and the governing body of any city, or school district, may allow the treasurer of the municipality such reasonable sum, not exceeding the amount herein specified, as may have been paid by the treasurer for such suretyship, to be paid out of the general revenue fund of the municipality. The officers required by law to approve such bill may first designate the surety company to be employed, if its charges be as low as those offered by any other responsible company.
History:
(9693) RL s 4528; 1933 c 311; 1973 c 123 art 5 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.20 — Bonds, By Whom Approved.

574.20 BONDS, BY WHOM APPROVED.
Except as otherwise provided by law in particular cases, bonds shall be approved as follows:
(1) the official bonds of all state officers, including those of the treasurers, superintendents, and other officials, and employees of the several public educational, charitable, penal, and reformatory institutions belonging to the state, shall be approved, as to form, by the attorney general, and in all other respects by the governor;
(2) the official bonds of county, town, city, and school district officers and employees by the governing body of the political subdivision for whose security they are, respectively, given; and
(3) those required or permitted by law to be given in any court, by the judge or justice of the court in which the proceeding is begun or pending.
No officer, official, or employee required to give bond shall enter upon duties until the bond is duly approved and filed.
History:
(9694) RL s 4529; 1945 c 317 s 1; 1973 c 123 art 5 s 7; 1973 c 492 s 7; 1973 c 524 s 15; 1983 c 359 s 82; 1986 c 444; 1999 c 99 s 20
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.205 — Bonds; State Officials And Employees Excluded.

574.205 BONDS; STATE OFFICIALS AND EMPLOYEES EXCLUDED.
On and after July 1, 1971, and notwithstanding any law to the contrary, elected state officials, appointed state officers and other state employees are not required to give and file surety or fidelity bonds, except when federal law or rule requires such a bond as a condition precedent to receiving federal grants.
History:
1971 c 889 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.21 — Place Of Filing Bonds.

574.21 PLACE OF FILING BONDS.
Except when otherwise especially provided by law, the bonds of public officials shall be filed as follows:
(1) those of all state officers, including the officials and employees of the several departments and institutions thereof, with the secretary of state, who shall record and retain the same;
(2) those of all county officers, and of all other officials or persons, given to the county, with the county recorder;
(3) those of all city officers, with the court administrator of such municipality;
(4) those of school district officers, with the court administrator of the district.
History:
(9695) RL s 4530; 1973 c 123 art 5 s 7; 1974 c 138 s 1; 1976 c 181 s 2; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.22 — Court Proceedings.

574.22 COURT PROCEEDINGS.
All bonds required or permitted by law to be given in actions or proceedings in any court shall be filed in such court, unless especially required by law to be filed, delivered, or deposited elsewhere, or unless the judge or justice of such court shall, by written order, direct some other disposition thereof.
History:
(9696) RL s 4531
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.23 — Examination Of Accounts Of Public Officers.

574.23 EXAMINATION OF ACCOUNTS OF PUBLIC OFFICERS.
In case of the filing of a new official bond or other security, the expiration of the term of office, or the death, resignation, or removal of the officer, the officer, board, committee, or body required or permitted to accept or approve such bond or other security, having jurisdiction or being authorized or required to examine the accounts of such officer, shall make or cause to be made a thorough examination of the bonded officer's accounts and, if any shortage or irregularity is discovered, shall at once notify such officer and sureties of the amount claimed to be due, or the nature of the irregularity. Such statement shall be in writing, and be served upon such officer and sureties, or their agents or attorneys, by mail, addressed to their residences, if known; but failure to make the examination or give such notice shall not discharge the sureties.
History:
(9697) RL s 4532; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.24 — Official Bonds, Security To Whom; Actions.

574.24 OFFICIAL BONDS, SECURITY TO WHOM; ACTIONS.
The official bond or other security of a public officer, whether with or without sureties, shall be security to all persons severally for the official delinquencies against which it is intended to provide, as well as to the obligee designated therein, and when no other provision is made by law it shall run to the state. When a public officer, by official misconduct or neglect, forfeits the bond or renders the officer's sureties liable thereon, any person injured thereby, or who is by law entitled to the benefit of the security, may bring an action thereon, in the person's own name, against the officer and the sureties, to recover the amount to which the person is entitled by reason of the delinquency; and a judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.
History:
(9698) RL s 4533; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.25 — Leave To Bring Action; Endorsement On Execution.

574.25 LEAVE TO BRING ACTION; ENDORSEMENT ON EXECUTION.
Before an action shall be brought by a plaintiff other than the state or body politic named in the bond, leave shall be obtained of the district court of the county in which the action is triable, or a judge thereof, by the production of a copy of the bond and an affidavit showing the delinquency; and, if the delinquency be such that, if established on the trial, it would entitle the applicant to recover, leave shall be granted. Upon the execution issued on a judgment recovered upon the official security of a public officer, against the officer and a surety, there shall be endorsed a direction to the officer to whom the same is delivered to collect the same out of the property of the principal, if sufficient can be found, and, if not, out of the property of the surety.
History:
(9699) RL s 4534; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.262 — Small Business.

574.262 SMALL BUSINESS.
Subdivision 1.
Bonds.
To carry out the programs, established elsewhere by law, for awarding certain portions of state construction and procurement contracts and subcontracts to small businesses and small businesses owned by economically and socially disadvantaged persons, the commissioners of administration and transportation may, when deemed appropriate, arrange, through competitive bidding or negotiation, to partially indemnify bonding companies which provide bid, performance, and payment bonds covering all or any part of the construction and procurement contracts or subcontracts which are designated for award to small businesses and small businesses owned by economically and socially disadvantaged persons. The amount of the indemnity for all the bonds on each contract shall not exceed $100,000. Bonds which are subject to indemnity shall be provided to contractors at a cost which shall not exceed the cost of bid, performance, and payment bonds if purchased in the usual manner by other businesses for similar contract work or procurement.
Subd. 2.
Participation limit.
No small business or small business owned and operated by economically and socially disadvantaged persons shall be eligible for bonding pursuant to this section for a period of more than five years from the date that the small business or small business owned and operated by economically and socially disadvantaged persons received its first bond pursuant to this section.
Subd. 3.
[Repealed, 1989 c 155 s 5]
Subd. 4.
Encumbrance not applicable.
Agreements of indemnity entered into pursuant to subdivision 1 shall not be subject to encumbrance requirements imposed by other provisions of law.
History:
1977 c 394 s 1; 1982 c 424 s 130; 1994 c 419 s 3
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.263 — Natural Resource Development Projects.

574.263 NATURAL RESOURCE DEVELOPMENT PROJECTS.
Subdivision 1.
Definition.
For the purposes of this section and section 574.264, "natural resource development project" includes site preparation by discing, shearing, rock raking or piling, patch scarification, or furrowing; prairie restoration; creation of wildlife openings and other wildlife habitat improvements; landscape clearing; tree planting; tree seeding; tree pruning; timber stand improvement by thinning or clearing existing forest trees by manual, mechanical, or chemical techniques; or construction, reconstruction, and maintenance of Department of Natural Resources trails, public accesses, water control structures, fish barriers, sewage treatment systems, roads, and bridges.
Subd. 2.
Contractor's bond.
A contract with the state for a natural resource development project may require a performance bond at the discretion of the commissioner of natural resources. If the commissioner determines that a performance bond is required, it shall not be less than five percent of the contract price.
Subd. 3.
Bid deposit in place of performance bond.
For a contract made by the commissioner for a natural resource development project, the commissioner may require a bid deposit in place of a performance bond for charges that may accrue because of doing the specified work and to enforce the terms of the contract. The commissioner may set the amount of the bid deposit, but it may not be less than five percent of the contract price.
Subd. 4.
Payment bond.
A contract with the state for a natural resource development project may require a payment bond at the discretion of the commissioner of natural resources. If the commissioner determines that a payment bond is required, the commissioner also has the discretion to decide whether the bond may be in the form of securities in place of a bond as provided in section 574.264. If so, the securities cannot have less value than five percent of the contract price.
History:
1985 c 112 s 3; 1994 c 419 s 4,5; 1999 c 231 s 189
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.264 — Natural Resource Project; Security.

574.264 NATURAL RESOURCE PROJECT; SECURITY.
Subdivision 1.
Natural resource development projects.
In place of a performance or payment bond or bid deposit for a state contract for a natural resource development project less than $100,000, the person required to file the bond or bid deposit may deposit in a local designated state depository or with the commissioner of management and budget a certified check, a cashier's check, a postal, bank, or express money order, assignable bonds or notes of the United States, or an assignment of a bank savings account or investment certificate or an irrevocable bank letter of credit, in the same amount that would be required for the bond or bid deposit. If securities listed in this section are deposited, their value shall not be less than the amount required for the bond or bid deposit and the person required to file the bond or bid deposit shall submit an agreement authorizing the commissioner to sell or otherwise take possession of the securities in the event of default under the contract or nonpayment of any persons furnishing labor and materials under, or to perform, the contract.
Subd. 2.
Claims against securities in place of bid deposits.
Securities in place of payment bonds are subject to claims as provided for other deposits in section 574.261, subdivision 2.
History:
1985 c 112 s 4; 1989 c 50 s 1; 1994 c 419 s 6; 1999 c 231 s 190; 2000 c 495 s 49; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.27 — Bidders To Have Right Of Action In Certain Cases.

574.27 BIDDERS TO HAVE RIGHT OF ACTION IN CERTAIN CASES.
A public body may require that a bidder provide a bid bond or other security as a proposal guaranty that the bidder will enter into a contract if its bid is accepted. Any bidder upon any public work or public improvement of any kind in this state where bids are received and where, in connection with such bids, a deposit of money, or a certified check, or bid bond or other security must be provided with the bid, the public body causing such public work or other public improvement to be made or done shall be liable to such bidder for a return of the money, certified check, or other thing of value so deposited if the bidder's bid on such public work or improvement is not accepted, or if the bidder's bid is accepted before the bid expires, after the bidder enters into a contract for the work and provides acceptable security in connection with it. This liability exists even though the failure to return the money, certified check, or other thing of value is due to the defalcation or unlawful conversion of the thing of value by the officer of the public body charged with the custody of it.
History:
(9701) 1923 c 348 s 1; 1986 c 444; 1994 c 419 s 7
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.28 — Approval And Filing Of Bond.

574.28 APPROVAL AND FILING OF BOND.
Before beginning work on the contract for the public work, the contractor on whose behalf the payment and performance bonds were issued must file both bonds with the treasurer, board, or officer having financial management of the public body named in the bonds. The payment and performance bonds must list the address of the contractor on whose behalf the bonds were issued and of the surety providing the bonds. The payment and performance bonds, if acceptable in form and content, must be approved by the board or officer having financial management of the public body, or by the public body's treasurer. The public body must make the payment and performance bonds available for inspection and copying upon request. An assignment, modification, or change of the contract, or change in the work covered by the contract, or an extension of time to complete the contract, does not release the sureties on the bonds.
History:
(9702) RL s 4536; 1907 c 379; 1931 c 157; 1994 c 419 s 8; 1995 c 31 s 3
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.29 — Failure To Get Payment Bond.

574.29 FAILURE TO GET PAYMENT BOND.
If the state or other public body fails to get and approve a valid payment bond or securities in place of a payment bond as required by the act, the public body for which work is done under the contract is liable to all persons furnishing labor and materials under or to perform the contract for any loss resulting to them from the failure. The public body is not liable if the bond does not list the proper address of the contractor on whose behalf the bond was issued or of the surety providing the bond.
History:
(9703) RL s 4537; 1986 c 444; 1994 c 419 s 9
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.30 — Insolvent Or Insufficient Sureties.

574.30 INSOLVENT OR INSUFFICIENT SURETIES.
When, in the public body's judgment, a surety on a bond required by the act is insolvent, or for any cause is no longer a proper or sufficient surety, the public body may require the contractor to furnish a new or additional bond within ten days; and thereupon, if so ordered by the public body, all work on the contract must cease until the new or additional bonds are furnished. If the bonds are not furnished within the ten days, the public body may, at its option, terminate the contract and complete the same as the agent, and at the expense of the contractor and its sureties.
History:
(9704) RL s 4538; 1986 c 444; 1994 c 419 s 10; 1995 c 31 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.32 — Application Of Payments.

574.32 APPLICATION OF PAYMENTS.
If a claimant on a payment bond had actual knowledge or should have known that a payment it received was for labor and materials supplied under, or to perform, public work under which a payment bond was provided, then the claimant must prove that it applied the payment to its account for that public work. Its claim must be reduced to the extent it cannot so prove.
History:
(9705-1) 1929 c 369 s 3; 1971 c 293 s 1; 1973 c 241 s 1; 1978 c 674 s 60; 1979 c 2 s 1; 1983 c 289 s 114 subd 1; 1984 c 592 s 90; 1984 c 655 art 1 s 92; 1986 c 444; 1994 c 419 s 12
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.33 — Actions For Fines, Forfeitures, And Penalties; Collusion.

574.33 ACTIONS FOR FINES, FORFEITURES, AND PENALTIES; COLLUSION.
Actions for fines and forfeitures may be prosecuted by the officers or persons to whom they are by law given, or who by special provisions of law are authorized to recover them; and, whether prosecuted by public officers or by private persons, shall be governed by the same rules as other civil actions, except as herein otherwise prescribed. When an action is brought for a penalty, the amount of which is limited by law, it may be brought for the amount so limited, and upon trial the amount recovered shall be in proportion to the offense. Recovery of a judgment for a penalty or forfeiture, by collusion between the parties and with intent to save the defendant from the consequences contemplated by law, where the same is given wholly or partly to the prosecutor, shall not prevent a recovery of the same by another person.
History:
(9706) RL s 4540
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.34 — Fines, How Disposed Of.

574.34 FINES, HOW DISPOSED OF.
Subdivision 1.
General.
Fines and forfeitures not specially granted or appropriated by law shall be paid into the treasury of the county where they are incurred, except in a county in a judicial district under section 480.181, subdivision 1, paragraph (b), the fines and forfeitures must be deposited in the state treasury and credited to the general fund.
Subd. 2.
Municipal prosecution; gross misdemeanors.
If a city or municipal attorney prosecutes a gross misdemeanor offense, the proceeds of any fine collected by the court shall be disbursed in the same manner as though the offense was a misdemeanor prosecuted by the city or municipal attorney in district court. The county shall pay for any costs associated with incarceration.
History:
(9707) RL s 4541; 1983 c 177 s 16; 1998 c 254 art 2 s 64; 1999 c 243 art 11 s 11; 1Sp2001 c 5 art 5 s 20
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.35 — Prosecution For Fines; Court; Commitment.

574.35 PROSECUTION FOR FINES; COURT; COMMITMENT.
All fines and forfeitures imposed as a punishment for any offense or for the violation of any duty imposed by statute may be prosecuted for and recovered by indictment in the district court. In all cases of the imposition of a fine pursuant to statute, as punishment for any offense, the offender may be committed until it is paid or the offender is otherwise discharged according to law.
History:
(9708) RL s 4542; 1983 c 359 s 83; 1986 c 444; 1998 c 254 art 2 s 65
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.38 — Letters Of Credit.

574.38 LETTERS OF CREDIT.
Whenever this chapter or other law or home rule charter requires a performance bond from a contractor doing a public work project of under $50,000 for a home rule charter or statutory city, county, town, school district or other local government authority, the contractor may be permitted to provide, in lieu of the bond, an irrevocable bank letter of credit in the same amount required for the bond and subject to the same conditions as the bond.
History:
1989 c 132 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.39 — Surety Bonds; Public Entities.

574.39 SURETY BONDS; PUBLIC ENTITIES.
The state or a county, town, home rule charter or statutory city, school district, or other municipal corporation or political subdivision of this state shall not require a contractor to procure a surety bond from a particular insurance or surety company, agent, or broker on a public improvement which is or has been competitively bid or negotiated. Nothing in this section prohibits a public entity from requiring customized features in its surety bond coverage as considered appropriate and necessary by the public entity or from requiring that the insurer issuing the bond have a minimum financial rating as specified by the public entity.
History:
2001 c 76 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.01 — Person Indebted May Pay Sheriff.

575.01 PERSON INDEBTED MAY PAY SHERIFF.
After the issuing of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of the debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
History:
(9449) RL s 4319; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.02 — Order For Examination Of Debtor.

575.02 ORDER FOR EXAMINATION OF DEBTOR.
When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, is issued to the sheriff of the county where the debtor resides, or, if the debtor does not reside in the state, to the sheriff of a county where the judgment roll, or a transcript of a judgment, is filed, is returned unsatisfied, in whole or in part, the judgment creditor is entitled to an order from the judge of the district court of the district where the judgment was originally docketed or is subsequently filed, requiring the judgment debtor, or, if a corporation, any officer thereof, to appear and answer concerning the property, at a time and place specified in the order, before a judge or a referee therein named. If the person required to answer is, at the time of the service of the order, a resident of the state, or has an office in the state for the regular transaction of business in person, that person cannot be compelled to attend, pursuant to the order or to any adjournment, at a place without the county of residence or of the place of business.
History:
(9450) RL s 4320; 1979 c 53 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.03 — Warrant Against Debtor.

575.03 WARRANT AGAINST DEBTOR.
Instead of the order provided for in section 575.02, upon proof by affidavit that there is danger that the debtor will leave the state or hide, the judge may issue a warrant requiring the sheriff of any county where the debtor is to arrest and bring the debtor before such judge to answer concerning the debtor's property. Upon being brought before the judge, the debtor may be examined on oath, and ordered to give bond that the debtor will attend, from time to time, before the judge or referee, as directed, during the pendency of the proceeding, and will not in the meantime dispose of any portion of property not exempt from execution; and, in default of giving such bond, the debtor may be committed to jail as for a contempt.
History:
(9451) RL s 4321; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.04 — Examination.

575.04 EXAMINATION.
Upon appearing or being brought before the judge or referee, the judgment debtor, or officer required to answer for a corporation, may be examined under oath, and witnesses may be required to appear and testify on behalf of either party, and the debtor may be represented by counsel; and no person, on such examination, shall be excused from answering any question on the ground that the examination will tend to convict the person of the commission of a fraud, but an answer shall not be used as evidence against the person in any criminal proceeding. If the examination is before a referee, the referee shall certify the testimony and proceedings to the judge.
History:
(9452) RL s 4322; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.05 — Property Applied To Judgment; Receiver.

575.05 PROPERTY APPLIED TO JUDGMENT; RECEIVER.
The judge may order any of the judgment debtor's property in the hands of the judgment debtor or of any other person, or due to the judgment debtor, not exempt from execution, to be applied toward the satisfaction of the judgment. The judgment debtor's earnings for personal services within 30 days preceding the order cannot be so applied, when it appears by the judgment debtor's affidavit that they are necessary for the use of a family supported, wholly or partly, by the judgment debtor's labor. The judge may appoint a receiver of the debtor's unexempt property, or forbid a transfer or other disposition thereof, or any interference therewith, until further order therein.
History:
(9453) RL s 4323; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.06 — Adverse Claimants.

575.06 ADVERSE CLAIMANTS.
If it appears that any person alleged to have property of, or to be indebted to, the judgment debtor, claims an adverse interest therein, or denies the debt, such interest or debt may be recovered only in an action against such person by the receiver; but the judge may by order forbid a transfer or other disposition of such property or interest until a sufficient opportunity is given to the receiver to prosecute the action to judgment and execution, and may vacate or modify such order at any time on such security as the judge may direct.
History:
(9454) RL s 4324; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 575 — Proceedings Supplementary To Execution › Section 575.07 — Person Indebted May Be Examined.

575.07 PERSON INDEBTED MAY BE EXAMINED.
After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, upon proof, by affidavit or otherwise, to the satisfaction of the judge, that any person has property of the judgment debtor, or is indebted to the judgment debtor in an amount exceeding $10, the judge may require such person, or any officer thereof if a corporation, upon such notice to any party as may seem proper, to appear and answer concerning the same.
History:
(9455) RL s 4325; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.23 — Powers Of The Court.

576.23 POWERS OF THE COURT.
The court has the exclusive authority to direct the receiver and the authority over all receivership property wherever located including, without limitation, authority to determine all controversies relating to the collection, preservation, improvement, disposition, and distribution of receivership property, and all matters otherwise arising in or relating to the receivership, the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties.
History:
2012 c 143 art 1 s 3
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.24 — Types Of Receiverships.

576.24 TYPES OF RECEIVERSHIPS.
A receivership may be either a limited receivership or a general receivership. Any receivership which is based upon the enforcement of an assignment of rents or leases, or the foreclosure of a mortgage lien, judgment lien, mechanic's lien, or other lien pursuant to which the respondent or any holder of a lien would have a statutory right of redemption, shall be a limited receivership. If the order appointing the receiver does not specify whether the receivership is a limited receivership or a general receivership, the receivership shall be a limited receivership unless and until the court by later order designates the receivership as a general receivership, notwithstanding that pursuant to section 576.25, subdivision 8, a receiver may have control over all the property of the respondent. At any time, the court may order a general receivership to be converted to a limited receivership and a limited receivership to be converted to a general receivership.
History:
2012 c 143 art 1 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.27 — Bond.

576.27 BOND.
After appointment, a receiver shall give a bond in the sum, nature, and with the conditions that the court shall order in its discretion consistent with section 574.11. Unless otherwise ordered by the court, the receiver's bond shall be conditioned on the receiver's faithful discharge of its duties in accordance with the orders of the court and the laws of this state. The receiver shall execute a bond with a surety authorized to write bonds in the state.
History:
2012 c 143 art 1 s 7
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.28 — Immunity; Discovery From Receiver.

576.28 IMMUNITY; DISCOVERY FROM RECEIVER.
(a) The receiver shall be entitled to all defenses and immunities provided at common law for acts or omissions within the scope of the receiver's appointment.
(b) No person other than a successor receiver duly appointed by the court shall have a right of action against a receiver to recover receivership property or the value thereof.
(c) A party or party in interest may conduct discovery of the receiver concerning any matter relating to the receiver's administration of the receivership property after obtaining an order authorizing the discovery.
History:
2012 c 143 art 1 s 8
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.30 — Receiver As Lien Creditor; Real Property Recording; Subsequent Sales Of Real Property.

576.30 RECEIVER AS LIEN CREDITOR; REAL PROPERTY RECORDING; SUBSEQUENT SALES OF REAL PROPERTY.
Subdivision 1.
Receiver as lien creditor.
As of the time of appointment, the receiver shall have the powers and priority as if it were a creditor that obtained a judicial lien at the time of appointment pursuant to sections 548.09 and 550.10 on all of the receivership property, subject to satisfying the recording requirements as to real property described in subdivision 2.
Subd. 2.
Real property recording.
If any interest in real property is included in the receivership property, a notice of lis pendens shall be recorded as soon as practicable with the county recorder or registrar of titles, as appropriate, of the county in which the real property is located. The priority of the receiver as lien creditor against real property shall be from the time of recording of the notice of lis pendens, except as to persons with actual or implied knowledge of the appointment under section 507.34.
Subd. 3.
Subsequent sales of real property.
The following documents are prima facie evidence of the authority to sell and convey the real property:
(1) the notice of lis pendens;
(2) a court order certified by the court administrator authorizing the receiver to sell, or cause the respondent to sell, real property; and
(3) a deed executed by the receiver, or by the respondent if authorized by the court.
The court may also require a motion for an order for sale of the real property or a motion for an order confirming sale of the real property.
History:
2012 c 143 art 1 s 10; 2016 c 135 art 3 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.31 — Duties Of Respondent.

576.31 DUTIES OF RESPONDENT.
The respondent shall:
(1) assist and cooperate fully with the receiver in the administration of the receivership and the receivership property and the discharge of the receiver's duties, and comply with all orders of the court;
(2) immediately upon the receiver's appointment, deliver to the receiver all of the receivership property in the respondent's possession, custody, or control, including, but not limited to, all books and records, electronic data, passwords, access codes, statements of accounts, deeds, titles or other evidence of ownership, financial statements, and all other papers and documents related to the receivership property;
(3) supply to the receiver information as requested relating to the administration of the receivership and the receivership property, including information necessary to complete any reports or other documents that the receiver may be required to file; and
(4) remain responsible for the filing of all tax returns, including those returns applicable to periods which include those in which the receivership is in effect.
History:
2012 c 143 art 1 s 11
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.32 — Employment And Compensation Of Professionals.

576.32 EMPLOYMENT AND COMPENSATION OF PROFESSIONALS.
Subdivision 1.
Employment.
(a) To represent or assist the receiver in carrying out the receiver's duties, the receiver may employ attorneys, accountants, appraisers, auctioneers, and other professionals that do not hold or represent an interest adverse to the receivership.
(b) This section does not require prior court approval for the retention of professionals. However, any professional to be retained shall provide the receiver with a disclosure of any potential conflicts of interest, and the professional or the receiver shall file with the court a notice of the retention and of the proposed compensation. Any party in interest may bring a motion for disapproval of any retention within 21 days after the filing of the notice of retention.
(c) A person is not disqualified for employment under this section solely because of the person's employment by, representation of, or other relationship with the receiver, respondent, a creditor, or other party in interest if the court determines that the employment is appropriate.
Subd. 2.
Compensation.
(a) The receiver and any professional retained by the receiver shall be paid by the receiver from the receivership property in the same manner as other expenses of administration and without separate orders, but subject to the procedures, safeguards, and reporting that the court may order.
(b) Except to the extent fees and expenses have been approved by the court, or as to parties in interest who are deemed to have waived the right to object, any interim payments of fees and expenses to the receiver are subject to approval in connection with the receiver's final report pursuant to section 576.38.
History:
2012 c 143 art 1 s 12
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.33 — Schedules Of Property And Claims.

576.33 SCHEDULES OF PROPERTY AND CLAIMS.
(a) The court may order the respondent or a general receiver to file under oath to the best of its actual knowledge:
(1) a schedule of all receivership property and exempt property of the respondent, describing, as of the time of appointment: (i) the location of the property and, if real property, a legal description thereof; (ii) a description of all liens to which the property is subject; and (iii) an estimated value of the property; and
(2) a schedule of all creditors and taxing authorities and regulatory authorities which supervise the respondent, their mailing addresses, the amount and nature of their claims, whether the claims are secured by liens of any kind, and whether the claims are disputed.
(b) The court may order inventories and appraisals if appropriate to the receivership.
History:
2012 c 143 art 1 s 13
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.34 — Notice.

576.34 NOTICE.
In a general receivership, unless the court orders otherwise, the receiver shall give notice of the receivership to all creditors and other parties in interest actually known to the receiver by mail or other means of transmission within 21 days after the time of appointment. The notice of the receivership shall include the time of appointment and the names and addresses of the respondent, the receiver, and the receiver's attorney, if any.
History:
2012 c 143 art 1 s 14
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.36 — Records; Interim Reports.

576.36 RECORDS; INTERIM REPORTS.
Subdivision 1.
Preparation and retention of records.
The receiver shall prepare and retain appropriate business records, including records of all cash receipts and disbursements and of all receipts and distributions or other dispositions of receivership property. After due consideration of issues of confidentiality, the records may be provided by the receiver to parties in interest or shall be provided as ordered by the court.
Subd. 2.
Interim reports.
(a) The court may order the receiver to prepare and file interim reports addressing:
(1) the activities of the receiver since the last report;
(2) cash receipts and disbursements, including payments made to professionals retained by the receiver;
(3) receipts and dispositions of receivership property; and
(4) other matters.
(b) The order may provide for the delivery of the receiver's interim reports to persons on the master service list and to other persons and may provide a procedure for objection to the interim reports, and may also provide that the failure to object constitutes a waiver of objection to matters addressed in the interim reports.
History:
2012 c 143 art 1 s 16
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.37 — Removal Of Receivers.

576.37 REMOVAL OF RECEIVERS.
Subdivision 1.
Removal of receiver.
The court may remove the receiver if: (1) the receiver fails to execute and file the bond required by section 576.27; (2) the receiver resigns, refuses, or fails to serve for any reason; or (3) for other good cause.
Subd. 2.
Successor receiver.
Upon removal of the receiver, if the court determines that further administration of the receivership is required, the court shall appoint a successor receiver. Upon executing and filing a bond under section 576.27, the successor receiver shall immediately succeed the receiver so removed and shall assume the duties of receiver.
Subd. 3.
Report and discharge of removed receiver.
Within 14 days after removal, the receiver so removed shall file with the court and serve a report pursuant to section 576.38, subdivision 3, for matters up to the date of the removal. Upon approval of the report, the court may enter an order pursuant to section 576.38 discharging the removed receiver.
History:
2012 c 143 art 1 s 17
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.38 — Termination Of Receiverships; Final Report.

576.38 TERMINATION OF RECEIVERSHIPS; FINAL REPORT.
Subdivision 1.
Termination of receivership.
The court may discharge a receiver and terminate the receivership. If the court determines that the appointment of the receiver was procured in bad faith, the court may assess against the person who procured the receiver's appointment:
(1) all of the receiver's fees and expenses and other costs of the receivership; and
(2) any other sanctions the court deems appropriate.
Subd. 2.
Request for discharge.
Upon distribution or disposition of all receivership property, or the completion of the receiver's duties, the receiver shall file a final report and shall request that the court approve the final report and discharge the receiver.
Subd. 3.
Contents of final report.
The final report, which may incorporate by reference interim reports, shall include, in addition to any matters required by the court in the case:
(1) a description of the activities of the receiver in the conduct of the receivership;
(2) a schedule of all receivership property at the commencement of the receivership and any receivership property added thereafter;
(3) a list of expenditures, including all payments to professionals retained by the receiver;
(4) a list of any unpaid expenses incurred during the receivership;
(5) a list of all dispositions of receivership property;
(6) a list of all distributions made or proposed to be made; and
(7) if not done separately, a motion or application for approval of the payment of fees and expenses of the receiver.
Subd. 4.
Notice of final report.
The receiver shall give notice of the filing of the final report and request for discharge to all persons who have filed notices of appearance. If there is no objection within 21 days, the court may enter an order approving the final report and discharging the receiver without the necessity of a hearing.
Subd. 5.
Effect of discharge.
A discharge removes all authority of the receiver, excuses the receiver from further performance of any duties, and discharges any lis pendens recorded by the receiver.
History:
2012 c 143 art 1 s 18