Minnesota Motion for Default Judgment against Garnishee

State:
Multi-State
Control #:
US-02714BG
Format:
Word; 
Rich Text
Instant download

Description

Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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

How much of your wages can be garnished? 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.

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 ...

To enforce a claim asserted in a civil action venued in a court of record, a garnishment summons may be issued by a creditor and served upon the garnishee in the same manner as other summons in that court of record, except that service may not be made by publication.

You can stop a garnishment in Minnesota by paying off the debt in full, renegotiating the debt with the creditor, orfiling bankruptcy. Filing bankruptcy stops wage garnishment through anautomatic stay. This is a court order requiring creditors or debt collectors to stop collection activity.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

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.

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 ...

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Minnesota Motion for Default Judgment against Garnishee