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Current as of January 01, 2023 | Updated by FindLaw Staff
Pursuant to this section, an attorney for a judgment creditor may execute on funds retained by a garnishee under a garnishment summons served pursuant to chapter 571. No more than $10,000 may be recovered by a single execution levy pursuant to this section. When levying upon money or earnings being retained by a garnishee pursuant to a garnishment summons, the attorney shall serve a copy of the writ of execution upon the garnishee by registered or certified mail, or by personal service. Along with a copy of the writ of execution, the attorney shall serve upon the garnishee a notice of levy on garnishee that must be substantially in the form set forth below. If the judgment creditor paid the garnishee the fee required by chapter 571, no additional fee must be paid to the garnishee for the levy. The notice of levy on garnishee may not be served until the judgment debtor's right to claim an exemption has expired under chapter 571.
STATE OF MINNESOTA |
DISTRICT COURT
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COUNTY OF ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
․․․․․․․․․․․․․․․․․JUDICIAL DISTRICT |
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File No. ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
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․․․․․․․․․․․․․․․․․․(Judgment Creditor) |
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against |
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․․․․․․․․․․․․․․․․․․(Judgment Debtor) |
NOTICE OF LEVY |
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and |
ON GARNISHEE |
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․․․․․․․․․․․․․․․․․․(Garnishee) |
PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, chapter 551, the undersigned as attorney for the judgment creditor, hereby makes demand and levies execution upon all money or earnings being retained by you (up to $10,000) pursuant to the judgment creditor's garnishment summons dated ..... ........... A copy of the writ of execution issued by the court is enclosed. Upon receipt of this levy, you shall remit to the judgment creditor's attorney all funds being held by you pursuant to the garnishment summons. The funds shall be remitted within 15 days after receipt of this levy.
Date: ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
Attorney for the Judgment Creditor |
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Address: ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
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Phone Number: ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
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Attorney I.D. No.: ․․․․․․․․․․․․․․․․․․․․․․․․․ |
Cite this article: FindLaw.com - Minnesota Statutes Civil Procedure (Ch. 540-552) § 551.041. Attorney's summary execution of funds being held pursuant to garnishment summons - last updated January 01, 2023 | https://codes.findlaw.com/mn/civil-procedure-ch-540-552/mn-st-sect-551-041/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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