Wage Garnishment Information for Minnesota
The laws of the state of Minnesota permit creditors to garnish wages in certain situations. Although wage withholding is permissible, there are limitations as to the manner and amount of garnishment in Minnesota. Additionally, there are some defenses that a debtor can mount to attempt to block a garnishment of her wages.
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Function
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The function of a wage garnishment is to provide a creditor the ability to collect money awarded through a judgment in a Minnesota court. Minnesota law requires a judgment before the garnishment process commences. Some states permit garnishments in the absence of a judgment from a court.
Limitations
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A creditor can attempt to garnish each and every one of a debtor's paychecks. A creditor is limited to garnishing 25 percent of a debtor's net wages in each paycheck, according to the Minnesota attorney general and applicable law in the state. A creditor cannot take a debtor's wages in any amount for six months after that individual received government financial assistance.
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Notification to Debtor
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Minnesota law mandates that a creditor send to the debtor what is known as a Garnishment Exemption Notice and Notice of Intent to Garnish. The notification must be sent to the debtor at least 10 days before the garnishment commences. Failing to send the notice allows a debtor to object to any attempted garnishment.
Time Frame
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A single garnishment order remains in force for a period of 70 days, according to Minnesota statutes. An employer must garnish an appropriate amount (25 percent of net wages) from each paycheck issued to the debtor during this time period. The creditor can seek subsequent garnishment orders for additional 70-day periods of time, until the debt or judgment is satisfied in full.
Warning
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A consumer who believes a creditor violated the law in regard to a garnishment or any other debt collection practice can attempt to take legal action on her own. Additionally, a complaint regarding debt collection practices can be lodged with the Minnesota attorney general at:
Minnesota Attorney General
445 Minnesota St.
St. Paul, MN 55101
651-296-3353
ag.state.mn.us
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References
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