As an ancillary proceeding to a civil action for the recovery of money, a creditor may issue a garnishment summons as provided in this chapter against any third party in the following instances:
(1) at the time the civil action is commenced or at any time after the commencement of the civil action, but before the entry of a judgment, if the court orders the issuance of the garnishment summons pursuant to section 571.93;
(2) at any time 45 days or more after service of the summons and complaint upon the debtor in the civil action when a judgment by default could have, but has not, been entered pursuant to Rule 55.01(a) of the Minnesota Rules of Civil Procedure for the District Courts. Garnishment under this clause is effective only after the Notice of Intent to Garnish form in section 571.72, subdivision 11, and the Exemption form in section 571.72, subdivision 10, are served on the debtor at any time 20 or more days after the service of the Summons and Complaint and, in addition, the creditor does not receive an Answer from the debtor within 25 days after service of the Notice of Intent to Garnish. The Notice of Intent to Garnish form and the Exemption form must be substantially in the form set forth in section 571.72, subdivisions 10 and 11. If a creditor sends a Notice of Intent to Garnish form to a debtor under this clause, the creditor cannot obtain a default judgment against the debtor under Rule 55.01(a) of the Minnesota Rules of Civil Procedure for the District Courts until 25 days after the service of the Notice of Intent to Garnish form. No filing of a pleading or other documents by the creditor is required to issue a garnishment summons under this clause; however, the creditor must comply with the service requirement of section 571.72, subdivision 4; or
(3) at any time after entry of a money judgment in the civil action.
Notes of Decisions
Savig v. First Nat'l Bank of Omaha, 781 N.W.2d 335 (Minn. 2010).
· cites it 12× “See Minn.Stat. §§ 571.71 to 571.932. Garnishment is “an ancillary proceeding to a civil action for the recovery of money.”
Eric M. Picht v. Jon R. Hawks, Ltd., 236 F.3d 446 (8th Cir. 2001).
· cites it 2× “Minn.Stat. § 571.71. Section 571.71 authorizes garnishment in three instances only: First, when a default judgment could have, but has not, been entered under Minn.”
Gallagher v. Gurstel, Staloch & Chargo, P.A., 645 F. Supp. 2d 795 (D. Minnesota 2009).
· cites it 8× “” Minnesota law authorizes the service of a garnishment summons only “[a]s an ancillary proceeding to a civil action for the recovery of money,” Minn.Stat. § 571.71, and “[t]o enforce a claim asserted in a civil action venued in a court of record,” Minn.”
Benjamin Ojogwu v. Rodenburg Law Firm, 26 F.4th 457 (8th Cir. 2022).
“” Minn. Stat. § 571.71 (3). The statutes further provide that a copy of the garnishment summons, copies of other papers served on the third party garnishee, and the applicable garnishment disclosure form “must be served by mail at the last known mailing address of the debtor not…”
Ceridian Corp. v. Scsc Corp, 212 F.3d 398 (8th Cir. 2000).
· cites it 2× “4 Minnesota garnishment procedures are set out in Minn. Stat. 571.71 et seq., and Allied and Tower believe they were discharged by operation of law as of August 23, 1998, and August 16, 1998, respectively.”
Picht v. Hawks, 77 F. Supp. 2d 1041 (D. Minnesota 1999).
· cites it 2× “(2) at any time 40 days or more after service of the summons and complaint upon the debtor in the civil action when a judgment by default could have, but has not, been entered pursuant to Rule 55.”
Ceridian Corp. v. SCSC Corp., 38 F. Supp. 2d 1113 (D. Minnesota 1999).
· cites it 4× “In Minnesota, garnishment actions are provided for by Minn.Stat. § 571.71 et seq. Section 571.71 describes the action as “an ancillary proceeding to a civil action” and allows a creditor to issue a summons to commence the action.”
McGlothlin v. Steinmetz, 751 N.W.2d 75 (Minn. 2008).
· cites it 2× “Garnishment is “an ancillary proceeding" to a civil action, Minn.Stat. § 571.71, and may be commenced by service of a garnishment summons together with a garnishment disclosure form, Minn.”
Britamco Underwriters, Inc. v. a & a Liquors of St. Cloud, 649 N.W.2d 867 (Minn. Ct. App. 2002).
· cites it 2× “Additionally, Minn.Stat. § 571.71 (2000), which authorizes garnishment proceedings by creditors, states that “a creditor may issue a garnishment summons as provided in this chapter.”
Johns v. Harborage I, Ltd., 645 N.W.2d 761 (Minn. Ct. App. 2002).
· cites it 3× “Johns argues that even if the procedure she pursued is flawed, Jillian’s is not prejudiced because proceeding under Minn.Stat. § 571.71 would have resulted in Jillian’s being added as a party to the *766 supplemental complaint and summary judgment would have been pursued,…”
Drake v. Ryan, 498 N.W.2d 29 (Minn. Ct. App. 1993).
· cites it 2× “See Minn.Stat. § 571.71(3) (1992); see also Miller v.”
— Minn. Stat. § 571.71(2) — 1 case
Eric M. Picht v. Jon R. Hawks, Ltd., 236 F.3d 446 (8th Cir. 2001).
“Minn.Stat. § 571.71. Section 571.71 authorizes garnishment in three instances only: First, when a default judgment could have, but has not, been entered under Minn.”
— Minn. Stat. § 571.71(3) — 1 case
Drake v. Ryan, 498 N.W.2d 29 (Minn. Ct. App. 1993).
“See Minn.Stat. § 571.71(3) (1992); see also Miller v.”
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