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.
Minn. Stat. § 571.90
PENALTY IN CERTAIN GARNISHMENT PROCEEDINGS.
Applied in 2 court decisions — leading case MSK EyEs Ltd. v. Wells Fargo Bank, National Ass'n (2008)
Most recently applied in 645 F. Supp. 2d 795 - Gallagher v. Gurstel, Staloch & Chargo, P.A. (July 2009)
1990 c 606 art 3 s 21
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.