Minnesota SF 2847: Child maltreatment response procedures modifications

Status: Author added Marty (as of 2018-03-08)
State: Minnesota · Session: 2017-2018 · Bill: SF 2847
Subjects: Children and Families, Crimes and Criminals-Victims, Human Services and Human Services Department
Sponsors: Hoffman, Abeler, Marty
Bill Text

1.1 A bill for an act
1.2 relating to commerce; modifying various statutory forms pertaining to garnishment;
1.3 amending Minnesota Statutes 2024, sections 550.136, subdivisions 6, 9; 550.143,
1.4 subdivisions 2, 3a, 3b, 3c; 551.05, subdivisions 1b, 1c, 1d; 551.06, subdivisions
1.5 6, 9; 571.72, subdivisions 8, 10; 571.74; 571.75, subdivision 2; 571.912; 571.914,
1.6 subdivision 2; 571.925; 571.931, subdivision 6; 571.932, subdivision 2; Laws
1.7 2024, chapter 114, article 3, section 101.
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 550.136, subdivision 6, is amended to read:
1.10 Subd. 6.Earnings exemption notice.Before the first levy on earnings under this chapter,
1.11 the judgment creditor shall serve upon the judgment debtor no less than ten days before the
1.12 service of the writ of execution, a notice that the writ of execution may be served on the
1.13 judgment debtor's employer. The notice must: (1) be substantially in the form set forth
1.14 below; (2) be served personally, in the manner of a summons and complaint, or by first
1.15 class mail to the last known address of the judgment debtor; (3) inform the judgment debtor
1.16 that an execution levy may be served on the judgment debtor's employer in ten days, and
1.17 that the judgment debtor may, within that time, cause to be served on the judgment creditor
1.18 a signed statement under penalties of perjury asserting an entitlement to an exemption from
1.19 execution; (4) inform the judgment debtor of the earnings exemptions contained in section
1.20 550.37, subdivision 14; and (5) advise the judgment debtor of the relief set forth in this
1.21 chapter to which the debtor may be entitled if a judgment creditor in bad faith disregards a
1.22 valid claim and the fee, costs, and penalty that may be assessed against a judgment debtor
1.23 who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the
1.24 execution process. The notice requirement of this subdivision does not apply to a levy on
1Section 1.
S2847-2 2nd EngrossmentSF2847 REVISOR RSI
SENATE
STATE OF MINNESOTA
S.F. No. 2847NINETY-FOURTH SESSION
(SENATE AUTHORS: BOLDON)
OFFICIAL STATUSD-PGDATE
Introduction and first reading93603/20/2025
Referred to Judiciary and Public Safety
Comm report: To pass as amended1160a04/01/2025
Second reading1243
Special Order: Amended3729a04/22/2025
Third reading Passed as amended3730
Returned from House433005/01/2025
Presentment date 05/06/25
Governor's action Approval 05/08/254942
Secretary of State Chapter 18 05/08/254942

2.1 earnings being retained by an employer pursuant to a garnishment previously served in
2.2 compliance with chapter 571.
2.3 The ten-day notice informing a judgment debtor that a writ of execution may be used
2.4 to levy the earnings of an individual must be substantially in the following form:
DISTRICT COURT2.5 STATE OF MINNESOTA
................................ JUDICIAL DISTRICT2.6 COUNTY OF .........................................
2.7 ............................... (Judgment Creditor)
EXECUTION EXEMPTION2.8 against
NOTICE AND NOTICE OF INTENT TO2.9 ................................. (Judgment Debtor)
LEVY ON EARNINGS2.10 and
2.11 ........................................... (Third Party)
District Court2.12 State of Minnesota
Judicial District: ...........................................2.13 County of: ...............................................
2.14 Court File Number: ......................................
2.15 Case Type: ...................................................
2.16 Creditor's full name
Execution Exemption2.17 .................................................................
Notice and Notice of2.18 against
Intent to Levy on Earnings2.19 Debtor's full name
2.20 .................................................................
2.21 and
2.22 Third Party (bank, employer, or other)
2.23 .................................................................
2.24 PLEASE TAKE NOTICE that a levy may be served upon your employer or other third
2.25 parties, without any further court proceedings or notice to you, ten days or more from the
2.26 date hereof. Your earnings are completely exempt from execution levy if you are now a
2.27 recipient of relief based on need, if you have been a recipient of relief within the last six
2.28 months, or if you have been an inmate of a correctional institution in the last six months.
2.29 Relief based on need includes Minnesota Family Investment Program (MFIP), Emergency
2.30 Assistance (EA), Work First, Medical Assistance (MA), General Assistance (GA), Emergency
2.31 General Assistance (EGA), Minnesota Supplemental Aid (MSA), MSA Emergency
2.32 Assistance (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance.
2.33 If you wish to claim an exemption, you should fill out the appropriate form below, si
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