Minnesota Statutes

Minn. Stat. § 571.712 (2026)

Definitions

✓ current as of May 2026

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Subdivision 1.Scope.

For the purposes of this chapter, the terms defined in this section have the meanings given them.

Subd. 2.Definitions.

(a) "Creditor" means the party who has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action and who is issuing or requesting the issuance of a garnishment summons.

(b) "Debtor" means a party against whom the creditor has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action.

(d) "Claim" means the unpaid balance of the creditor's judgment against the debtor or, in a prejudgment garnishment proceeding, the unpaid balance of the creditor's claim against the debtor and all lawful interest and costs and disbursements paid or incurred in the civil action or in the garnishment proceedings.

Subd. 3.Designation of parties.

Each pleading or other document in the ancillary proceeding of garnishment must designate each party as creditor or debtor or garnishee.

Notes of Decisions

Cited in 4 cases, 2009–2018 · leading case: Savig v. First Nat'l Bank of Omaha, 781 N.W.2d 335 (Minn. 2010).

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Savig v. First Nat'l Bank of Omaha, 781 N.W.2d 335 (Minn. 2010). · cites it 6× “” ' Minn.Stat. § 571.712, subd. 2(a). 5 . " ‘Garnishee’ means the third party upon whom the garnishment summons is served.”

Gallagher v. Gurstel, Staloch & Chargo, P.A., 645 F. Supp. 2d 795 (D. Minnesota 2009). · cites it 2× “” Minn.Stat. § 571.712, subd. 2(a). In short, Minnesota law authorizes garnishment only by litigants and only in connection with civil litigation.”

Nicol Nagel, individually & ESY Investments, LLC, a California Ltd. Liab. Co. v. Tracy A. Westen, 865 N.W.2d 325 (Minn. Ct. App. 2015). · cites it 2× “” Minn.Stat. § 571.712, subd. 2(a) (2014). " ‘Debtor’ means a party against whom the creditor has a claim for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action.”

Peacock v. Stewart, Zlimen & Jungers, Attorneys, Ltd. (D. Minnesota 2018). ““‘Claim’ means the unpaid balance of the creditor’s judgment against the debtor or, in a prejudgment garnishment proceeding, the unpaid balance of the creditor’s claim against the debtor and all lawful interest and costs and disbursements paid or incurred in the civil action or…”

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