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Fill and Sign the Garnishee Statement Form

Fill and Sign the Garnishee Statement Form

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STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, SUMMONS AND , Respondent, You are hereby summoned and required to serve upon the judgment creditor or judgment creditor's attorney and on the debtor, within 20 days after service of this garnishment summons upon you, a written disclosure of the indebtedness, money, or other property that you owe to the judgment debtor above-named and answers to all written interrogatories that are served with the garnishment summons. However, if the garnishment is on earnings and the debtor has garnish able earnings, you shall serve the completed disclosure form on the creditor's attorney, or the creditor if not represented by an attorney, within ten days of the last payday to occur with the 70 days after the date of the service of this garnishment summons. "Payday" means the day which you pay earnings in the ordinary course of business. If the debtor has no regular paydays, "payday" means the 15th day and the last day of each month. Your disclosure need not exceed 110 percent of the amount of the creditor's claim that remains unpaid. Judgment was entered against the judgment debtor on , in the amount of $ , and the amount of said judgment that remains unpaid is $ . You shall retain garnish able earnings, other indebtedness, money, or other property in your possession in an amount not to exceed 110 percent of the creditor's claim until such time as the creditor causes a writ of execution to be served upon you, until the debtor authorizes you in writing - 1 - to release the property to the creditor, or until the expiration of 180 days from the date of service of this garnishment summons upon you, at which time you shall return the disposable earnings, other indebtedness, money, or other property to the debtor. EARNINGS In the event you are summoned as a garnishee because you owe "earnings" (as defined on the Earnings Garnishment Disclosure form attached to this Garnishment Summon, if applicable) to the debtor, then you are required to serve upon the creditor's attorney, or the creditor if not represented by an attorney, a written earnings disclosure form within the time limit set forth above. In the case of earnings, you are further required to retain in your possession all unpaid nonexempt disposable earnings owed or to be owed by you and earned or to be earned to the debtor within the pay period in which this garnishment summons is served and within all the subsequent pay periods whose paydays (defined above) occur within the 70 days after the date of service of this garnishment summons. Any assignment of earnings made by the debtor to any party within ten days before the receipt of the first garnishment on a debt is void. Any indebtedness to you incurred by the debtor within the ten days before the receipt of the first garnishment on a debt may not be set off against amounts otherwise subject to the garnishment. Law from discharging or disciplining the debtor because the debtor’s earnings have been subject to garnishment prohibits you. This Garnishment Summons includes: (check applicable box) Earnings garnishment (see attached Earnings Disclosure Form) No earnings garnishment (see attached No earnings Disclosure Form) Both Earnings and No earnings garnishment (see both attached Earnings and No earnings disclosure Form) NOTICE TO DEBTOR - 2 - A Garnishment Summons, Earnings Garnishment Disclosure form, Nonage Garnishment Disclosure form, Garnishment Exemption Notices and/or written Interrogatories (strike out if not applicable), copies of which are hereby served on you, were served upon the Garnishee by delivering copies to the Garnishee. The Garnishee was paid $ . - 3 - DATED: ____________ _______________________________ __________________ Attorney for Petitioner #1 Address #2 Address City, State Zip Telephone ( ____ ) __________ Attorney Reg. No.: ______ - 4 -

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