Fill and Sign the Garnishment Disclosure Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, DISCLOSURE AND       , Respondent, STATE OF MINNESOTA) )ss COUNTY OF ________ ) I am the ________________________________ of the Garnishee herein, and duly authorized to disclose for said Garnishee. On the       day of __________________ , 20       , the time of service of the Garnishee Summons herein on said Garnishee, there was due and owing the Judgment Debtor above named from said Garnishee the following: NOTICE Minnesota Statute Annotated 571.42 provides as follows: Subdivision 1. Attach for Judgment. Except as provided in sections 571.43 and 571.50, service of the garnishee summons upon the garnishee shall attach and bind, to respond to final judgment in the action, all personal property of the judgment debtor in the possession of or under the control of the garnishee and all indebtedness owing by the garnishee to the judgment debtor at the time of service and all nonexempt disposable earnings earned or to be earned within that pay period and within 60 days thereafter. Subdivision 2. Property attached. Subject to the provisions of sections 550.37 and 571.55 all money, all nonexempt disposable earnings earned or to be earned within that pay period and within 60 days thereafter and other personal property including property of any kind due from or in the hands of an executor, administrator, receiver or trustee and all written evidences of indebtedness whether negotiable or not under or overdue may be attached by garnishment, and money or any other thing due or belonging to the judgment debtor may be attached by this - 1 - process before it has become payable if its payment or delivery does not depend upon any contingency, but the garnishee shall not be compelled to pay or deliver it before the time appointed by the contract. (1) Earnings . For the purposes of garnishment, "earnings" means compensation paid or payable for personal service or compensation paid or payable to the producer for the sale of agricultural product; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2, whether denominated as wages, salary commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. If the Garnishee Summons was served upon you at a time when earnings from a prior completed pay period were owing but not paid, complete the following disclosure for earnings from both that past pay period and the current pay period. (a) Enter on the line below the amount of disposable earnings earned or to be earned by the Judgment Debtor within the Judgment Debtor's pay period, which may be subject to garnishment. _____________________________________________________________ . (b) Enter on the line below 40 times the hourly federal minimum wage times the number of workweeks within the Judgment Debtor's pay periods, which may be subject to garnishment. When such pay periods consist of other than a whole number of workweeks, each day of a pay period in excess of the number of completed workweeks shall be counted as a fraction of a workweek equal to the number of work days divided by the number of workdays in the normal workweek. _____________________________________________________________ . (c) Enter on the line below the difference obtained (never less than zero) when line (b) is subtracted from line (a). _____________________________________________________________ . (d) Enter on the line below 25 percent of line (a). _____________________________________________________________ . (e) Enter on the line below the lesser of line (c) and line (d). _____________________________________________________________ . (2) Money . Enter on the line below any amounts due and owing the Judgment Debtor, except earnings, from the Garnishee. _____________________________________________________________ . (3) Property . Describe on the line below any personal property, instruments or papers belonging to the Judgment Debtor and in the possession of the Garnishee. _____________________________________________________________ _____________________________________________________________ . - 2 - (4) Set-off . Enter on the line below the amount of set-off, defense, lien or claim which the Garnishee claims against the amount set forth on lines (1) (e), (2) and (3) above. Allege the fact by which such set-off, defense, lien or claim is claimed. (Any indebtedness to a Garnishee incurred by the Judgment Debtor within ten (10) days prior to the receipt of the first garnishment on a debt is void and should be disregarded.) _____________________________________________________________ . (5) Exemption . Enter on the line below any amounts or property claimed by the Judgment Debtor to be exempt from execution. _____________________________________________________________ . (6) Adverse Interest . Enter on the line below any amounts claimed by other persons by reason of ownership or interest in the Judgment Debtor's property. (Any assignment of wages made by the Judgment Debtor within ten (10) days prior to the receipt of the first garnishment on a debt is void and should be disregarded. State the names and addresses of such persons and the nature of their claims, if known). _____________________________________________________________ _____________________________________________________________ . (7) Enter on the line below the total of lines (4), (5) and (6). _____________________________________________________________ . (8) Enter on the line below the difference obtained (never less than zero) when line (7) is subtracted from the sum of lines (1) (e), (2) and (3). _____________________________________________________________ . (9) Enter on the line below 110 percent of the amount of the Judgment Creditor's judgment, which remains unpaid. _____________________________________________________________ (10) Enter on the line below the lesser of line (8) and line (9). As Garnishee, you are hereby instructed to retain this amount only if it is $10 or more. _____________________________________________________________ ________________________________________ Authorized Representative of Garnishee ________________________________________ Title - 3 - Dated:       Petitioner/Respondent Subscribed and sworn to before me this       day of       , 20       . _______________________________ NOTARY PUBLIC - 4 -