Friday, May 11, 2012

Does Minnesota Allow Wage Garnishments for Judgments?

If you have unpaid credit cards, medical bills or other debts, your creditors can pursue a civil suit to collect what you owe. If the creditor is successful in obtaining a judgment, they can attempt to attach your wages. Minnesota is one of 46 states that allows wage garnishment to satisfy a creditor judgment. The procedures for garnishing a debtor's wages are outlined under Chapter 571 of the state legislative code.

How Garnishment Works

    Before enforcing a garnishment action, your creditor must file a lawsuit with the civil division of the Minnesota district court in the county in which you live. Prior to the court date, you must be served with a summons and complaint, which briefly summarizes the details of the creditor's claim. State law requires debtors to answer the complaint within 20 days of its receipt. If you lose the case or fail to appear, your creditor can pursue a writ of execution for wage garnishment. Upon receipt of the garnishment order, your employer must begin withholding the appropriate portion of your wages.

Calculating Wage Garnishment

    The amount of your wages that can be garnished is determined by your income. Under Minnesota law, a creditor may garnish a maximum of 25 percent of your net income each pay period or the amount by which your net income exceeds 40 times the federal minimum wage. The creditor must use the calculation that produces the lower garnishment. Your wages cannot be garnished if your net income is less than minimum wage based on a 40-hour work week. In cases of garnishment for unpaid child support, your wages can be garnished up to 65 percent depending on your marital status and whether you have other dependents to support.

Exempt Income

    Both federal and state laws prohibit the garnishment of certain types of income. Under Minnesota law, you must notify the court of your exemptions within the 10-day period before the garnishment order takes effect. Examples of exempt income include Social Security benefits, Supplemental Security Income, veterans' benefits, military survivors' benefits, public assistance, unemployment compensation, state pensions up to $54,000, worker's compensation benefits, student assistance, FEMA disaster assistance benefits, railroad workers' benefits and federal retirement or disability benefits.

Considerations

    Minnesota law allows creditors to pursue garnishment of wages and your bank account concurrently. If your bank account contains exempt income, your creditor cannot attempt to seize these funds. Wage garnishment orders in Minnesota are good for 70 days. If the judgment is not satisfied within this time frame, your creditor may continue to seek additional writs of execution until the judgment is satisfied. Your employer cannot legally terminate you for having a single wage garnishment. However, this protection does not apply if your wages are being garnished by multiple creditors.

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