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MINNESOTA JUDGMENT ENFORCEMENT

See MINNESOTA Judgment Enforcement Law below.

Our Judgment Enforcement agents are well versed in your state and are here to serve your Judgment Enforcement Needs, including asset searches, wage garnishments and bank account locators.


 

Judgments and Enforcement:
A money judgment obtained from the District Court is enforceable for a period of ten (10) years. (Sec. 550.01) From the time of docketing, the judgment is a lien, in the amount unpaid, upon all real property in the county then or thereafter owned by the judgment debtor. The judgment survives, and the lien continues, for ten years after its entry. Child support judgments may be renewed by service of notice upon the debtor. (Sec. 548.09) Any person claiming such lien shall file with the registrar a certified copy of the judgment, together with a written statement containing a description of each parcel of land in which the judgment debtor has a registered interest and upon which the lien is claimed, and a proper reference to the certificate or certificates of title to such land. (Sec. 508.63.)

The State of Minnesota permits Confession of Judgment for money due or to become due, or to secure any person against a contingent liability on behalf of the defendant, or for both. Any defendant may file with the court administrator a statement, signed and verified by the defendant, authorizing the entry of judgment for a specified sum. The court administrator shall enter judgment for the amount specified, as in other cases, and shall attach the judgment to the statement, which shall constitute the judgment roll. The judgment shall be final, and, unless special provision be made for a stay, execution may issue immediately. (Sec 548.22.)

A judgment creditor may execute the judgment by levying on the real and personal property of the judgment debtor (Sec. 550.10.), including wages. Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to an execution levy may not exceed the lesser of: (1) 25 percent of the judgment debtor's disposable earnings; or (2) the amount by which the judgment debtor's disposable earnings exceed 40 times the federal minimum hourly wages in effect at the time the earnings are payable, times the number of work weeks in the pay period. (Sec. 550.136.)


Foreign Judgments:
Any judgment, decree, or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Minnesota. (Sec. 548.26 et seq.) A judgment creditor or his attorney may seek enforcement of a foreign judgment by filing a certified copy of the foreign judgment, together with an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor, in the office of the court administrator of any district court of this state.

Notice of the filing of the foreign judgment to the judgment debtor at the address given is required. Such notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a district court or the supreme court of this state, and may be enforced or satisfied in like manner. (Sec. 548.27.)


Interest:

Legal rate: 6% per annum unless otherwise agreed upon between the parties in writing. (Sec. 334.01.)
Judgment rate: The rate of interest on judgment is determined by the court administrator on or before
December 20th of each year based on the secondary market yield of one year United States treasury bills, for the most recent calendar month, reported on a monthly basis in
the latest statistical release of the board of governors of the federal reserve system.

(Sec. 549.09.)

Exemptions:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The debtor's dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor's family, and be exempt from seizure or sale under legal process. (Sec. 501.01.) The amount of such homestead exemption, however, may not exceed $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000. (Sec. 510.05.)

Some of the personal property which may be exempt from seizure or sale may include the debtor's family Bible, library, and musical instruments, a seat or pew in any house or place of public worship, a lot in any burial ground, wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor's family; household furniture, household appliances, phonographs, radio and television receivers of the debtor and the debtor's family, not exceeding $4,500 in value; Farm machines and implements used in farming operations by a debtor engaged principally in farming, livestock, farm produce, and standing crops, not exceeding $13,000 in value; tools, implements, machines, instruments, office furniture, stock in trade, and library reasonably necessary in the trade, business, or profession of the debtor, not exceeding $5,000 in value. Additional exempt personal property may include certain public assistance, employee benefits, and retirement plans.

In a bankruptcy proceeding, the exemptions set forth in subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d), are also available to residents of the State of Minnesota.


Statutes Of Limitations:
An action for the recovery of money or other damages generally must be filed within a statutory period of time or such action may be barred forever. Some of the time limitations relevant to credit and collection matters are as follows:

Express or implied contract 6 years Sec. 541.05(1)
Recovery of real property or foreclosure of real estate 15 years
Sec. 541.02

Property damages 6 years Sec. 541.05(4)
Sales of Goods 4 years Sec. 336.2-725(1)
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