Minnesota Garnishment Non-Earning Disclosure Example

The following is example text from a Non-Earning Disclosure. For a formatted version, download the Non-Earnings Disclosure PDF or Non-Earnings Disclosure DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney.

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF [COUNTY] FIRST JUDICIAL DISTRICT
____________________________________________________________________________

Case Type: Foreign Judgment
Court File No. XXXX-XX-XX-XXXX

[PLAINTIFF],

Plaintiff/Creditor

NON-EARNINGS DISCLOSURE

vs.

[DEFENDANT],

Defendant/Debtor

[STREET ADDRESS]
[CITY], [STATE] [ZIP]
(Debtor’s Address)

Unpaid Balance $XX,XXX.XX

Date Judgment was Entered:

[DATE]

[GARNISHEE]
[STREET ADDRESS]
[CITY], [STATE] [ZIP]
(Garnishee)
______________________________________________________________________________

On the ___ day of _____, 2011, the time of service of garnishment summons herein, there was due and owing the debtor from the garnishee the following:

(1) Money. Enter on the line below any amounts due and owing the debtor, except earnings, from the garnishee.

(2) Property. Describe on the line below any personal property, instruments, or papers belonging to the debtor and in the possession of the garnishee.

(3) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim which the garnishee claims against the amount set forth on lines (1) and (2) above. State the facts by which the setoff, defense, lien, or claim is claimed. (Any indebtedness to a garnishee 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.)

(4) Exemption. Enter on the line below any amounts or property claimed by the debtor to be exempt from execution.

(5) Adverse Interest. Enter on the line below any amounts claimed by other persons by reason of ownership or interest in the debtor’s property.

(6) Enter on the line below the total of lines (3), (4), and (5).

(7) Enter on the line below the difference obtained (never less than zero) when line (6) is subtracted from the sum of lines (1) and (2).

(8) Enter on the line below 110 percent of the amount of the creditor’s claim which remains unpaid.

(9) Enter on the line below the lesser of line (7) and line (8). Retain this amount only if it is $10 or more.

AFFIRMATION

I, _________________ (person signing Affirmation), am the garnishee or I am authorized by the garnishee to complete this nonearnings garnishment disclosure, and have done so truthfully and to the best of my knowledge.

Dated: _______, 2011
Signature

Title

Telephone Number