This is an affidavit sworn to by the attorney of the victorious plaintiff in furtherance of obtaining a writ of garnishment to aid in execution of a money judgment.
Minnesota Attorney Affidavit for Writ of Garnishment
Category:
State:
Minnesota
Control #:
MN-9026D
Format:
Word;
Rich Text
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FAQ
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
Step 1: Serve Notice of Garnishment. You must serve the debtor with a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings Within 10 Days upon the debtor at least 10 days before attempting to garnish wages. Step 2: Garnishment Summons and Disclosure Form. Step 3: More Notice of Garnishment to the Debtor.
If you have found the judgment debtor's assets such as an active bank account or employment, collection can be made by a levy on the bank account or garnishment of wages. This is done by obtaining a Writ of Execution from the Court for a fee of $55.00.
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
How to Protect Your Wages From Garnishment. If you receive a notice of a wage garnishment order, you might be able to protect or "exempt" some or all of your wages by filing an exemption claim with the court or raising an objection.