Minnesota Writ of Garnishment

Introduction

Key Things to Know

1. 1

   In Minnesota the instrument is called a garnishment summons, and Section 571.71 lets a judgment creditor issue one as an ancillary proceeding to the civil action, at any time after entry of a money judgment, against any third party holding the debtor's earnings, bank funds or other property. No new lawsuit and no leave of court. Only a prejudgment garnishment needs a judge, and then only on one of the seven grounds in Section 571.93.

2. 2

   You issue and sign it yourself. Under Section 571.72, subdivision 2 the summons is served on the garnishee the same way as any other summons in that court of record, except never by publication. Certified mail with return receipt also works, and service by mail takes effect at the moment of receipt at the garnishee's regular place of business.

3. 3

   Pay the garnishee $15 at service or you have no garnishment. Section 571.76 says failure to pay that fee renders the garnishment void and the garnishee shall take no action. A second void trigger sits in Section 571.911: omit the exemption notice package from a bank garnishment against an individual and the garnishment is void and the institution must take no action.

4. 4

   Wages demand ten days of advance warning to the debtor before the employer ever hears from you. Section 571.72, subdivision 8 requires the Section 571.924 notice served ten or more days before the first garnishment summons, and Section 571.926 lets you proceed once ten days pass with no exemption statement. Bank garnishments run the opposite way: there the exemption notice travels with the summons.

5. 5

   Minnesota writes its own sliding ceiling instead of borrowing the federal one. Section 571.922 caps withholding at the lesser of two amounts: a percentage of disposable earnings, being 25 percent where weekly income exceeds 80 times the applicable hourly minimum wage, 15 percent between 60 and 80 times, and 10 percent between 40 and 60 times; or the amount by which disposable earnings exceed 40 times the greater of the state or federal hourly minimum. At the Minnesota rate of $11.41 an hour effective January 1, 2026, that floor is $456.40 a work week and nothing comes out below it.

6. 6

   One summons is not a standing order. Section 571.73, subdivision 3 reaches the pay period in which you serve plus every later pay period whose payday falls inside 90 days of service, and Section 571.923 states that garnishments are effective no longer than 90 days from the date of service. To keep collecting you serve another one, and if a year has passed since your last summons, Section 571.924, subdivision 2 makes you send a fresh ten-day notice first.

7. 7

   A garnishee that never discloses is the exposed party, not you. Section 571.82, subdivision 1 lets the court render judgment against the garnishee for an amount not exceeding 110 percent of the amount claimed in your garnishment summons, on your motion supported by an affidavit of the facts and served on both the debtor and the garnishee, though the court may remove the default for good cause and let the garnishee disclose on just terms.

Minnesota Requirements for Writ of Garnishment

• Summons Issued and Signed by the Creditor

  Minnesota Statutes Section 571.72, subdivision 2 provides that a garnishment summons may be issued by a creditor, so there is no clerk step and no court issuance fee. The statutory form in Section 571.74 is signed by the creditor or the creditor's lawyer. Section 571.71, clause (3) allows issuance at any time after entry of a money judgment, with no leave of court. A court order is needed only for a prejudgment garnishment under Section 571.93.

• Ten-Day Notice to the Debtor, Served First

  For earnings, the order of operations is fixed. Section 571.72, subdivision 8 and Section 571.924 require the Garnishment Exemption Notice and Notice of Intent to Garnish Earnings, in the form printed at Section 571.925, served on the debtor ten or more days before the first garnishment summons reaches the employer. Section 571.926 lets the creditor proceed if no exemption statement arrives within those ten days. A bank garnishment is the reverse: there the exemption notice is served with the summons.

• The $15 Garnishee Fee, Paid at Service

  Section 571.76 requires the creditor to pay the garnishee a $15 fee at the time of service, and failure to pay it renders the garnishment void with the garnishee directed to take no action. The statutory summons form itself prints the line confirming the garnishee was paid $15. Section 571.911 adds the second void trigger: leaving the exemption notice out of a bank garnishment against an individual voids it the same way.

• Ceiling: 25, 15 or 10 Percent Above a 40x Floor

  Section 571.922 caps an ordinary judgment garnishment at the lesser of a sliding percentage of disposable earnings, 25 percent above 80 times the applicable hourly minimum wage, 15 percent from 60 to 80 times and 10 percent from 40 to 60 times, and the amount by which disposable earnings exceed 40 times the greater of the Minnesota or federal hourly minimum. At the state rate of $11.41 an hour effective January 1, 2026 the floor is $456.40 a work week. Tighter than the federal formula, which measures against 30 times the federal minimum, so do not calculate on a flat 25 percent. The sliding scale took effect June 1, 2025 and applies to causes of action commenced on or after that date.

• Disclosure Forms and the Creditor's Wage Chart

  Minnesota prescribes its garnishment forms in the statute rather than through numbered court forms, and Section 571.711 gives those statutory forms the same force of law as any other provision in the chapter. Section 571.75, subdivision 2 prints the Earnings Disclosure Form and Worksheet and the Nonearnings Disclosure Form, and the worksheet instructs the creditor to complete the minimum-wage percentage chart before sending the form to the employer. Section 571.72, subdivision 7 penalizes altered or misleading forms and sets a 10-point type minimum.

• Unpaid Balance and the 110 Percent Cap

  The summons states the full name of the debtor, the last known mailing address and the amount of the claim that remains unpaid, which is principal plus lawful interest, costs and disbursements under Section 571.712. Section 571.72, subdivision 2 then caps both sides of the exercise at 110 percent of that unpaid claim: the creditor may not require disclosure beyond it and the garnishee may not retain beyond it.

• 90-Day Reach, Then a 180-Day Discharge

  Section 571.73, subdivision 3 attaches the pay period in which the summons is served plus every later pay period whose payday falls within 90 days of service, and Section 571.923 states garnishments are effective no longer than 90 days from service. Section 571.79 discharges the garnishee 180 days after service where the summons issued after judgment, or 270 days where it issued before judgment. Re-serving is the norm, and Section 571.924, subdivision 2 requires a fresh ten-day notice once more than a year has passed since the last summons.

• Priority, Garnishee Default and the $1 Objection

  Section 571.923 orders competing garnishments by the sequence of service on the employer, with same-day ties going to the summons issued on the first judgment entered. A garnishee that fails to disclose faces judgment against itself for up to 110 percent of the amount claimed under Section 571.82, subdivision 1. If the debtor claims an exemption, Section 571.72, subdivision 9 gives the creditor six business days to return the funds or file a Notice of Objection in the district court that issued the judgment, for a fee the court administrator may set at $1 under Section 571.914, with the hearing five to seven business days out.