Garnishment in MN

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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.

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.

Elizabeth Rosar Chermack is a Minnesota Attorney and can represent you in your garnishment matter. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Liz.

ATTORNEY ADVERTISING MATERIAL. The content of this website is for informational purposes only and is not intended as legal advice. No attorney/client relationship is formed by use of this website. Do not submit confidential information via this site unless and until there is a signed retainer contract on file.

Elizabeth Rosar Chermack, Attorney at Law, is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code.

 

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