Subdivision 1. Grounds. The court may order the issuance of a garnishment summons before judgment or default in the civil action, if a summons and complaint, or copies of these documents, are filed with the appropriate court, and if, upon application to the court, it appears that any of the following grounds exist:
(1) the debtor has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the debtor's nonexempt property, with intent to delay or defraud any of debtor's creditors;
(2) the debtor has removed, or is about to remove, any of the debtor's nonexempt property from this state, with intent to delay or defraud any of debtor's creditors;
(3) the debtor has converted or is about to convert any of the debtor's nonexempt property into money or credits, for the purpose of placing the property beyond the reach of any of debtor's creditors;
(4) the debtor has committed an intentional fraud giving rise to the claim upon which the civil action is brought;
(5) the debtor has committed any act or omission, for which the debtor has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or
(6) the purpose of the garnishment is to establish quasi in rem jurisdiction and
(i) debtor is a resident individual having left the state with intent to defraud creditors, or to avoid service; or
(ii) a judgment had previously been obtained in another state consistent with due process; or
(iii) the claim in the civil action is directly related to and arises from the property sought to be attached; or
(iv) no forum is available to obtain a personal judgment against the debtor in the United States or elsewhere; or
(7) the creditor has been unable to serve upon the debtor the summons and complaint in the civil action because the debtor has been inaccessible due to residence and employment in a building where access is restricted.
Subd. 2. Notice and hearing requirements. If the garnishment is before notice and hearing, the requirements of section 571.931 must be met. If the garnishment is after notice and hearing, the requirements of section 571.932 must be met.
1990 c 606 art 3 s 36
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.