Minnesota Statutes 571.93 – Garnishment Before Judgment or Default
Subdivision 1.Grounds.
The court may order the issuance of a garnishment summons before judgment or default in the civil action, if a summons and complaint, or copies of these documents, are filed with the appropriate court, and if, upon application to the court, it appears that any of the following grounds exist:
Terms Used In Minnesota Statutes 571.93
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
(1) the debtor has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the debtor’s nonexempt property, with intent to delay or defraud any of debtor’s creditors;
(2) the debtor has removed, or is about to remove, any of the debtor’s nonexempt property from this state, with intent to delay or defraud any of debtor’s creditors;
(3) the debtor has converted or is about to convert any of the debtor’s nonexempt property into money or credits, for the purpose of placing the property beyond the reach of any of debtor’s creditors;
(4) the debtor has committed an intentional fraud giving rise to the claim upon which the civil action is brought;
(5) the debtor has committed any act or omission, for which the debtor has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or
(6) the purpose of the garnishment is to establish quasi in rem jurisdiction and
(i) debtor is a resident individual having left the state with intent to defraud creditors, or to avoid service; or
(ii) a judgment had previously been obtained in another state consistent with due process; or
(iii) the claim in the civil action is directly related to and arises from the property sought to be attached; or
(iv) no forum is available to obtain a personal judgment against the debtor in the United States or elsewhere; or
(7) the creditor has been unable to serve upon the debtor the summons and complaint in the civil action because the debtor has been inaccessible due to residence and employment in a building where access is restricted.