Minnesota Statutes

Minn. Stat. § 571.90 (2026)

Penalty In Certain Garnishment Proceedings

✓ current as of May 2026

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A creditor who serves or causes to be served a garnishment summons before entry of judgment in the main action, except when garnishment before entry of judgment is permitted under this chapter, is liable to the debtor named in the garnishment proceedings in the amount of $100, plus actual damages, plus reasonable attorney's fees and costs. Any action by a creditor made in bad faith and in violation of this chapter renders the garnishment void and the creditor liable to the debtor named in the garnishment in the amount of $100, actual damages, and reasonable attorney's fees and costs.

Notes of Decisions

Cited in 3 cases, 2008–2009 · leading case: Gallagher v. Gurstel, Staloch & Chargo, P.A., 645 F. Supp. 2d 795 (D. Minnesota 2009).

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Gallagher v. Gurstel, Staloch & Chargo, P.A., 645 F. Supp. 2d 795 (D. Minnesota 2009). · cites it 6× “(“Gurstel”) under Minn.Stat. § 571.90 and the Fair Debt Collection Practices Act (“FDCPA”), 15 U.”

MSK EyEs Ltd. v. Wells Fargo Bank, Nat'l Ass'n, 546 F.3d 533 (8th Cir. 2008). “Minn.Stat. § 571.90 (2000). Appellants also argue Wells Fargo violated the statute by failing to provide the required $15 fee to the garnishee, Community First.”

MSK EyEs LTD v. Wells Fargo Bank (8th Cir. 2008). “Minn. Stat. § 571.90 (2000). Appellants also argue Wells Fargo violated the statute by failing to provide the required $15 fee to the garnishee, Community First.”

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