This form is a summons concerning a garnishment action in a dissolution of marriage proceeding. The garnishee is required to serve upon the judgment creditor or judgment creditor's attorney and on the debtor, within 20 days after service of the garnishment summons, a written disclosure of the indebtedness, money, or other property that the garnishee owes to the judgment debtor and answers to all written interrogatories that are served with the garnishment summons.
Minnesota Summons to Employer of Garnishee
Category:
State:
Minnesota
Control #:
MN-8454D
Format:
Word;
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FAQ
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
A Garnishee Summons notifies the garnishee that they should pay the amount of the judgment directly to you rather than to the debtor. A Garnishee Summons form can be found on the Alberta Courts website (https://www.albertacourts.ca/qb/areas-of-law/civil/forms).The amount that the debtor owes to you, the creditor.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
Regular creditors cannot garnish your wages without first suing you in court and obtaining a money judgment. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
If the employer still refuses to comply, the creditor can file an action against the employer for contempt.After the EWO is served, the creditor can determine the amount of wages garnished by reviewing the memorandum of garnishee completed and returned by the employer.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
Most creditors cannot garnish your wages or a bank account without a court order. There are very rare exceptions such as the IRS or a student loan but for the most part, if you're talking about credit cards, they would need to obtain a judgment against you by a court of law before they could garnish your wages.