How Does a Judgment I Have in Minnesota Work?

Like other states, Minnesota allows you to collect on unpaid debts by filing a judgment against the debtor. A judgment doesn't automatically produce the money; it may take a lot of work on your part to locate the debtor's assets and file a lien -- a claim on the assets -- that meets Minnesota law.

Courts

In Minnesota you can file for a judgment -- a court decision that someone owes you money -- in either district court or small claims court; the latter is known in Minnesota as a conciliation court. Conciliation courts allow you to file with minimal legal expenses, but only for debts under $7,500. If you win in conciliation court, you must have the judgment recorded with the district court before you can file a lien.

Searching

Once you win a judgment and transfer it to district court, you have the legal right to apply a lien to the debtor's property or to garnish his accounts or wages. The lien must be on specific property or bank accounts and the court won't find them for you. If you want to collect, you have to do the research; for example, you can go to the bank that handled any check transactions between you and the debtor to locate his account.

Disclosure

If you can't find any assets, you can apply to the district court for an order of disclosure. File the order with the court and give them the debtor's current home address. The court will mail the order to the debtor, directing him to provide a list of assets. If he refuses, or doesn't respond, you can file a court affidavit requiring him to appear in court and explain his failure to divulge the information.

Collecting

Once you locate a bank account or identify an employer, you can request the court garnish the debtor's wages or place a levy on his bank account. If you find property, you can place a lien on it -- this doesn't force him to pay you, but it's usually impossible to sell property under a lien. Minnesota law does exempt some assets from judgment collection. You can't garnish needs-based government aid or the salary of someone who receives such aid, for instance.