Subdivision 1. Requirement. The creditor shall serve upon the debtor, no less than ten days before the service of the garnishment summons, a notice that a summons may be issued. The notice shall: (1) be substantially in the form set out in section 571.925; (2) be served personally, in the manner of a summons and complaint, or by first class mail to the last known address of the debtor; (3) inform the debtor that a garnishment summons may be served on the debtor's employer after ten days, and that the debtor may, within that time, cause to be served on the creditor a signed statement under penalties of perjury asserting an entitlement to an exemption from garnishment; (4) inform the debtor of the earnings garnishment exemptions contained in section 550.37, subdivision 14; and (5) advise the debtor of the relief set forth in this chapter to which the debtor may be entitled if a creditor in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed against a debtor who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the garnishment process.
Subd. 2. Additional notices. If the garnishment summons has not been served within one year after service of the notice, the creditor shall serve another notice upon the debtor before serving the garnishment summons on the debtor's employer. If more than one year has passed since the service of the creditor's most recent garnishment summons, the creditor shall, no less than ten days before service of another garnishment summons, serve notice that another garnishment summons may be served.
1990 c 606 art 3 s 32
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.