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