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Tag Archives: garnishment

LawHelpMN.org Garnishment Fact Sheets

Posted on May 17, 2010 by Elizabeth Rosar Chermack

The website, LawHelpMN.org, has a couple of informative fact sheets posted that pertain to garnishment:

Income and Property Protected from Creditors

Garnishment and Your Rights

Posted in Bankruptcy Law | Tags: garnishment | Leave a comment |

Garnishment in MN

Posted on May 13, 2010 by Elizabeth Rosar Chermack

When I meet with people who are going through a financial rough patch, they are usually concerned about the possibility of their wages being garnished. This is a reasonable fear, because according to a recent article in the New York Times, garnishments are becoming more common.

In Minnesota, garnishment is governed by Minn. Stat. § 571.71 et seq Generally garnishment occurs after there has been a judgment, but garnishment is authorized without a judgment in certain circumstances. See Minn. Stat. § 571.71. See also Minn. Stat. § 571.93. Wages and bank accounts can be garnished.

Certain property is exempt from garnishment in Minnesota. See Minn. Stat. § 550.37. One particularly important exemption is that “…the earnings or salary of a person who is a recipient of government assistance based on need, shall be exempt from all claims of creditors.” See Minn. Stat. § 550.37, subd. 14.

It is common for people to be embarrassed about the possibility of their employer knowing about their financial difficulties (if their wages get garnished). I try to remind these people that if it happens, they probably are not the first employee to have their wages garnished, and they probably won’t be the last employee to have their wages garnished.

Another common fear is the debtor’s fear of losing their job when their employer receives notice that the debtor’s wages are being garnished. Minnesota law protects employees from being discharged or disciplined due to a wage garnishment. See Minn. Stat. § 571.927.



Posted in Bankruptcy Law | Tags: garnishment | Leave a comment |

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© Elizabeth Rosar Chermack, Attorney at Law. Disclaimer: The content of this website is provided for informational purposes only. Information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for individualized advice. Use of this website does not create an attorney-client relationship. Elizabeth Rosar Chermack, Attorney at Law, is a designated debt relief agency by an Act of Congress and the President of the United States. She assists consumers seeking relief under the U.S. Bankruptcy Code.