Subdivision 1. Objections and request for hearing.
(a) The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2.
(b) The court administrator may charge a fee of $1 for the filing of a Notice of Objection and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, the court administrator shall schedule the matter for hearing no sooner than five business days but no later than seven business days from the date of filing. A debtor may request continuance of the hearing by notifying the creditor and the court. The court shall schedule the continued hearing within seven days of the original hearing date.
(c) An order stating whether the debtor's funds are exempt shall be issued by the court within three days of the date of the hearing.
Subd. 2. Form of Notice of Objection and Notice of Hearing.
The Written Objection and Notice of Hearing must be in substantially the following form:
Hearing Notice
The creditor objects to your exemption claim. This hearing is to decide if your exemption claim is valid.
The creditor objects to your claim of exemption from garnishment for the following reason(s):
Note: Bring all your documents and materials that support your exemption claim to the hearing. If you don't, the court's decision could be held up.
You can send your documents and materials to the creditor before the hearing. If they review them and agree with your claim, you can avoid a hearing.
Because there is a court hearing scheduled about your exemption claim, your bank will keep your funds until it gets an order from the court.
Subd. 3.
MS 2008 [Repealed by amendment, 2009 c 31 s 10 ]
Subd. 4. Duties of financial institution if objection is made to exemption claim.
Upon receipt of a Notice of Objection and Notice of Hearing from the creditor within the specified six-day period, the financial institution shall retain the funds claimed to be exempt. The financial institution shall retain the funds claimed to be exempt until otherwise ordered by the court, upon mutual agreement of the parties, or until the garnishment lapses pursuant to section 571.79 .