Minnesota Statutes 176.295 – Nonresident Employers; Foreign Corporation
Subdivision 1.Affidavit of inability to effectuate service.
Where a petitioner, an employee, or an employee’s dependent cannot serve a petition for compensation or other notice on an employer because the employer is a nonresident or a foreign corporation, the petitioner may file an affidavit with the chief administrative law judge stating that the petitioner is unable to effectuate service.
Subd. 2.Action in district court.
Terms Used In Minnesota Statutes 176.295
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Summons: Another word for subpoena used by the criminal justice system.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
Terms Used In Minnesota Statutes 176.295
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Summons: Another word for subpoena used by the criminal justice system.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
When a petitioner has filed an affidavit of inability to effectuate service pursuant to subdivision 1 with the chief administrative law judge, the petitioner may also file a complaint against the employer in district court. The complaint must be filed in the county in which the employee resided at the time of the injury or death. The complaint shall be commenced and pursued in the same manner as other civil actions in district court. The complaint shall state that a petition for compensation has been filed with the office, and shall be accompanied by a verified copy of the affidavit of inability to effectuate service. The complaint shall also state the facts upon which the right to compensation or other relief is based.
Subd. 3.Attachment, garnishment; service by publication.
The remedies of attachment and garnishment are available to the petitioner in the district court action. Service of summons may be made by publication.
Subd. 4.General appearances; security, bond.
Where the employer makes a general appearance in the district court action and files a bond or security approved by the commissioner of the Department of Labor and Industry, or where an insurer appears generally in the action and assumes liability for any award which may be rendered against the employer, the district court shall dismiss the action.