§ 571.82 — Judgment Against Garnishee
Plain-Language Summary
Allows the court to enter a default judgment against a garnishee (employer or bank) that fails to complete and return the required disclosure form. The judgment can be up to 110% of the creditor's claim. The court may remove the default for good cause.
571.82 JUDGMENT AGAINST GARNISHEE.
§
Subdivision 1.Judgment upon failure to disclose.
If a garnishee fails to serve a disclosure as required in this chapter, the court may render judgment against the garnishee, upon motion by the creditor, for an amount not exceeding 110 percent of the amount claimed in the garnishment summons. The motion shall be supported by an affidavit of the facts and shall be served upon both the debtor and the garnishee. The court upon good cause shown may remove the default and permit the garnishee to disclose on just terms. §
Subd. 2.Limitation of liability.
Judgment against a garnishee shall be rendered, if at all, for the amount due to the debtor, or as much as may be necessary to satisfy the creditor’s claim against the debtor, with costs taxed and allowed in the proceeding against the garnishee but not to exceed 110 percent of the amount claimed in the garnishment summons. This judgment discharges the garnishee from all claims of all parties named in the process in and to the property or money paid, delivered, or accounted for by the garnishee by force of the judgment.
History:
1990 c 606 art 3 s 14; 2000 c 405 s 21
History: History: 1990 c 606 art 3 s 14; 2000 c 405 s 21