Minnesota Debt Collection: How to Garnish Wages

Garnish Wages

Once you have a judgment against a non-paying debtor, it may be time to garnish his or her wages.

Step 1: Serve Notice of Garnishment

You must serve the debtor with a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings Within 10 Days upon the debtor at least 10 days before attempting to garnish wages.

You may serve this personally upon the debtor or by mail.

A sample of the requirements in Minnesota for this Notice may be found in Minnesota Statute 571.925 or online at http://www.revisor.mn.gov/statutes/?id=571.925#stat.571.925.

This notice is valid for one year.

This notice informs the debtor that:

  • his or her wages may be garnished, without any further notice, after 10 days,
  • the debtor has a right to a hearing if the garnishment by the employer is incorrect,
  • some types of assistance the debtor may receive are exempt from garnishment,
  • if he or she wishes to claim an exemption he or she must fill out a form (that you will provide which can also be found at the link mentioned above), sign it, and send it to you and the garnishee.

You are entitled to a hearing if you believe the debtor’s claimed exemption is incorrect.

If you receive no statement of exemption from the debtor, after at least 10 days, but before the expiration of 1 year, you may proceed with garnishment.

Step 2: Garnishment Summons and Disclosure Form

In order to proceed with garnishment, you will need to serve the debtor’s employer with a Garnishment Summons and Disclosure Form.

If you receive a statement of exemption from the debtor, you may still issue a Garnishment Summons to the debtor’s employer, subject to sanctions for bad faith under Minnesota Statute 571.72 subdiv. 6.

When serving the debtor’s employer with a Garnishment Summons, you must also pay the debtor’s employer $15.00, pursuant to 2010 Minnesota Statute 571.76.

In Minnesota, an example of a Garnishment Summons may be found in Minnesota Statute 571.74 or online at http://www.revisor.mn.gov/statutes/?id=571.74.

The Garnishment Summons directs the debtor’s employer to serve upon you a completed Earnings Garnishment Disclosure Form, within 10 days of the last payday to occur within 70 days after the date of service of the Garnishment Summons.

You must provide the employer with the Earnings Garnishment Disclosure Form. In Minnesota, a sample of an Earnings Garnishment Disclosure Form (or Garnishment Earnings Disclosure) may be found in Minnesota Statute 571.75 or online at http://www.revisor.mn.gov/statutes/?id=571.75.

The Garnishment Summons also directs the employer to retain garnishable earnings, not to exceed 110% of your claim, until you either cause a writ of execution to be served upon the employer. You will later cause a writ of execution to be served upon the employer pursuant to Minnesota Statutes chapter 550.

The Garnishment Summons must also include the full name of the debtor and the debtor’s last known mailing address, the remaining unpaid balance of the debt owed, and the date of entry of judgment, pursuant to Minnesota Statute 571.72 subdiv. 2.

You must also add the language, “This is an attempt to collect a debt. Any information obtained will be used for that purpose,” pursuant to the Fair Debt Collection Practices Act requirements under section 332.37(12).

Step 3: More Notice of Garnishment to the Debtor

You must mail to the debtor a copy of the Garnishment Summons and Earnings Garnishment Disclosure Form that you served on the debtor’s employer, within 5 days of service on the employer.

You must also serve the debtor with a Notice to Debtor in no less than 14-point font. An example Notice to Debtor may be found in Minnesota Statute 571.74 or online at http://www.revisor.mn.gov/statutes/?id=571.74.

Writ of Execution

A writ of execution is issued by the clerk of the court, directed to the county sheriff, and endorsed by the judgment creditor or his attorney. It is void after 180 days following issuance by the court administrator.

Leave a Public Comment

  • Rebecca
    November 17, 2015, 12:16 am

    What would it cost to garnish taxes on a women that is on state assistance for medical she owes me a large amount

  • Catherine
    April 7, 2015, 12:01 am

    A court in another jurisdiction in a Dissolution of Marriage case assigned some debt to me in 2014 that is not accurate at all without my participation or knowledge of the occurrences in court, as I live in Minnesota and have done since 9/2013. I just learned about it this on April 3, 2015.

    Also, the judge in the matter appears to have created statements in which (she) alleges that she is able to represent me and executes documents in which she states that I have been deposed, swear and accept debt – and I didn’t even know the court interactions were occurring and did not participate. This would appear to me to be (1) a failure of judicial neutrality, misrepresentation and fraud; (2) the unlicensed practice of law on judge’s part (as I am a resident of MN and this appears to be a new subject area); and (3) I dispute personal and subject matter jurisdiction by judge.

    How best to address this? I would like to file a correction in MN, and then file a copy of my MN filing with Oregon Recorder’s office. Could I do something like that?

  • Cyndi
    February 4, 2015, 12:32 am

    What would be the cost to garnish a persons wages and their tax returns? I have a very large judgment I have been trying to collect.

  • Thompson Hall
    January 14, 2015, 12:00 am

    Robert, the cost to have a law firm garnish wages on two parties at two employers would be $1,200-1,500.

  • Robert Pomeroy
    January 10, 2015, 4:22 pm

    What is the cost to have law firm garnish wages on 2 parties, husband and wife, at 2 different employers, in MN. I have a judgement against both of them.

  • Ann
    April 26, 2013, 8:56 pm

    I live in MN, and a 25% garnishment is being applied to my disposable income. What is the definition of disposable income and does it apply differently for individual circumstances?
    Thank you.

  • Shareen
    March 12, 2013, 5:21 am

    What does it cost to hire an attorney to do the process.

  • Shareen
    March 12, 2013, 5:20 am

    How do you garnish someone’s wages out of state

  • Shareen
    March 12, 2013, 5:18 am

    Hello can you garnish someone’s pension if they are not working?

  • Steve Jacobs
    December 30, 2012, 3:20 pm

    If I have a judgment on a MN resident from WI, can I garnish thier wage?