Subdivision 1. Objections and request for hearing. An objection shall be interposed, within six business days of receipt by the creditor of an exemption claim from the debtor, by mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the financial institution and one copy of the Notice of Objection and Notice of Hearing to the debtor.
The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2.
The court administrator may charge a fee of $1 for the filing of a Notice of Objection and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, the court administrator shall schedule the matter for hearing no sooner than five business days but no later than seven business days from the date of filing. A debtor may request continuance of the hearing by notifying the creditor and the court. The court shall schedule the continued hearing within seven days of the original hearing date.
An order stating whether the debtor's funds are exempt shall be issued by the court within three days of the date of the hearing.
Subd. 2. Form of Notice of Objection and Notice of Hearing. The Written Objection and Notice of Hearing must be in substantially the following form:
The creditor objects to your claim of exemption from garnishment for the following reason(s):
(Note: Bring with you to the hearing all documents and materials supporting your exemption claim. Failure to do so could delay the court's decision.)
If the creditor receives all documents and materials supporting your exemption claim before the hearing date, the creditor may agree with your claim and you can avoid a hearing.
Because a court hearing will be held on your claim that your funds are protected, your financial institution will retain the funds until it receives an order from the court.
Subd. 3. [Repealed by amendment, 2009 c 31 s 10]
Subd. 4. Duties of financial institution if objection is made to exemption claim. Upon receipt of a Notice of Objection and Notice of Hearing from the creditor within the specified six-day period, the financial institution shall retain the funds claimed to be exempt. The financial institution shall retain the funds claimed to be exempt until otherwise ordered by the court, upon mutual agreement of the parties, or until the garnishment lapses pursuant to section 571.79.
1990 c 606 art 3 s 26; 1992 c 464 art 1 s 56; 2000 c 405 s 23; 2009 c 31 s 10; 2010 c 382 s 80
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Section 571.71 — Garnishment; When Authorized.
Section 571.711 — Scope Of General And Specific Provisions.
Section 571.712 — Definitions.
Section 571.72 — General Garnishment Provisions.
Section 571.73 — Property Attachable By Garnishment; Good Faith Requirement.
Section 571.74 — Garnishment Summons And Notice To Debtor.
Section 571.75 — Garnishee Disclosure.
Section 571.76 — Garnishee Fees.
Section 571.77 — Salary Of Public Servants.
Section 571.771 — Money Due From State Departments.
Section 571.78 — Duties Of A Garnishee.
Section 571.79 — Discharge Of A Garnishee.
Section 571.81 — Garnishment Lien; Priorities Of Creditors.
Section 571.82 — Judgment Against Garnishee.
Section 571.83 — Joinder And Intervention By Persons In Interest.
Section 571.84 — Valuation And Disposition Of Property In Hands Of The Garnishee.
Section 571.85 — Lien Of Garnishee.
Section 571.86 — Discharge Not A Bar.
Section 571.87 — Transfer To Another Court.
Section 571.90 — Penalty In Certain Garnishment Proceedings.
Section 571.91 — Garnishment Of Funds At A Financial Institution.
Section 571.911 — Exemption Notice; Duty Of Financial Institution.
Section 571.912 — Form Of Notice, Instructions, And Exemption Notice.
Section 571.913 — Effect Of Exemption Notice.
Section 571.914 — Objection To Exemption Claim.
Section 571.915 — Release Of Funds.
Section 571.92 — Garnishment Of Earnings.
Section 571.921 — Definitions.
Section 571.922 — Limitation On Wage Garnishment.
Section 571.923 — Multiple Earnings Garnishments.
Section 571.924 — Garnishment Exemption Notice.
Section 571.925 — Form Of Notice.
Section 571.926 — Proceedings If No Exemption Statement Is Received.
Section 571.927 — Penalty For Retaliation For Garnishment.
Section 571.93 — Garnishment Before Judgment Or Default.
Section 571.931 — Prejudgment Garnishment Before Notice And Hearing.
Section 571.932 — Prejudgment Garnishment After Notice And Hearing.