Subdivision 1.Scope.

For the purposes of this chapter, the terms defined in this section have the meanings given them.

Subd. 2.Definitions.

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Terms Used In Minnesota Statutes 571.712

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.

(a) “Creditor” means the party who has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action and who is issuing or requesting the issuance of a garnishment summons.

(b) “Debtor” means a party against whom the creditor has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action.

(c) “Garnishee” means the third party upon whom the garnishment summons is served.

(d) “Claim” means the unpaid balance of the creditor’s judgment against the debtor or, in a prejudgment garnishment proceeding, the unpaid balance of the creditor’s claim against the debtor and all lawful interest and costs and disbursements paid or incurred in the civil action or in the garnishment proceedings.

Subd. 3.Designation of parties.

Each pleading or other document in the ancillary proceeding of garnishment must designate each party as creditor or debtor or garnishee.