A default judgment may be vacated by the judge upon a proper showing by the defendant that: (1) the defendant did not receive a summons before the trial within sufficient time to permit a defense and did not receive notice of the order for default judgment within sufficient time to permit application for relief within ...
A judgment in Minnesota is valid for 10 years. To renew a judgment in Minnesota for another ten year period, a creditor must start a new lawsuit against the debtor before the expiration of the initial ten year period.
The proper procedure to get relief from a judgment (appeals or other post-trial motions aside) is to file a motion to vacate judgment pursuant to Rule 60.02 of the Minnesota Rules of Civil Procedure. Rule 60 provides several grounds to file a motion to vacate judgment but we will focus on Rule 60.02.
Rule 60. Relief From Judgment or Order During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court.
The judgment creditor may file a certified copy of that court order, anAffidavit of Identification of Judgment Debtor, and an Affidavit of Identification of Judgment Creditorwith a Minnesota court. This will direct the Minnesota court to enter the foreign judgment, and then “docket” it if there are no objections.
Garnishing Your Wages If you do not object within ten days, your wages can be garnished. If you are eligible for and wish to claim an “exemption” from garnishment, it is important that you complete and return the necessary paperwork, which can be submitted anytime during the garnishment.