Minnesota Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion

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Multi-State
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US-01159BG
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Word; 
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Description

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you do not return the exemption notice and bank statements to the creditor's attorney within 10 days of receiving notice of the intent to garnish your wages, the creditor can begin to garnish money from your wages, and can continue to do so for up to 70 days.

For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment. Some creditors, though, like those you owe taxes, federal student loans, child support, or alimony, don't have to file a suit to get a wage garnishment.

Creditors generally cannot garnish more than 25 percent of your ?disposable wages." ?Disposable? wages are the earnings that remain after deducting all withholdings required by law, or any of your disposable wages if you make less than $380 per week. These limits do not apply to judgments for child support.

In Minnesota your wages are usually exempt from garnishment regardless of the amount you earn if you currently receive relief based on need from Minnesota Family Investment Program (MFIP), General Assistance (GA), Medical Assistance (MA), Veterans Assistance (VA), energy assistance, or Supplemental Security Income (SSI ...

A creditor that seeks to garnish your wages must first send you a ?Notice of Intent to Garnish Earnings? before your wages are garnished. If you do not object within ten days, your wages can be garnished.

Your earnings are completely exempt from garnishment if you are now a recipient of assistance based on need, if you have been a recipient of assistance based on need within the last six months, or if you have been an inmate of a correctional institution in the last six months.

Courts tell employers to garnish wages for several reasons: late child support payments, student debt, credit cards, personal loans or back taxes. Often, wage garnishment is the last resort for nonpayment. Chances are that you'll be given several opportunities to pay your debt before a court turns to wage garnishment.

52.02Amendment Upon motion of a party served and heard not later than the times allowed for a motion for new trial pursuant to Rule 59.03, the court may amend its findings or make additional findings, and may amend the judgment ingly if judgment has been entered.

To claim that your wages are exempt from garnishment, you must promptly return to the creditor's attorney the ?Debtor's Exemption Claim Notice? that came with the Notice of Intent to Garnish Earnings. You must include a copy of your last 60 days of bank statements with this paperwork.

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Minnesota Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion