§ 571.93 — Garnishment Before Judgment or Default
Plain-Language Summary
Lists the limited grounds for garnishing property before a judgment is entered, including when the debtor is hiding assets, moving property out of state, converting property to avoid creditors, committed fraud, or committed a felony giving rise to the claim.
571.93 GARNISHMENT BEFORE JUDGMENT OR DEFAULT.
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Subdivision 1.Grounds.
The court may order the issuance of a garnishment summons before judgment or default in the civil action, if a summons and complaint, or copies of these documents, are filed with the appropriate court, and if, upon application to the court, it appears that any of the following grounds exist:
(1) the debtor has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the debtor’s nonexempt property, with intent to delay or defraud any of debtor’s creditors;
(2) the debtor has removed, or is about to remove, any of the debtor’s nonexempt property from this state, with intent to delay or defraud any of debtor’s creditors;
(3) the debtor has converted or is about to convert any of the debtor’s nonexempt property into money or credits, for the purpose of placing the property beyond the reach of any of debtor’s creditors;
(4) the debtor has committed an intentional fraud giving rise to the claim upon which the civil action is brought;
(5) the debtor has committed any act or omission, for which the debtor has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or
(6) the purpose of the garnishment is to establish quasi in rem jurisdiction and
(i) debtor is a resident individual having left the state with intent to defraud creditors, or to avoid service; or
(ii) a judgment had previously been obtained in another state consistent with due process; or
(iii) the claim in the civil action is directly related to and arises from the property sought to be attached; or
(iv) no forum is available to obtain a personal judgment against the debtor in the United States or elsewhere; or
(7) the creditor has been unable to serve upon the debtor the summons and complaint in the civil action because the debtor has been inaccessible due to residence and employment in a building where access is restricted. §
Subd. 2.Notice and hearing requirements.
If the garnishment is before notice and hearing, the requirements of section 571.931 must be met. If the garnishment is after notice and hearing, the requirements of section 571.932 must be met.
History:
History: History:
1990 c 606 art 3 s 36