Minn. Stat. § 571.914
OBJECTION TO EXEMPTION CLAIM.
Redline — January 1, 2008 → current.View current text →
Current — January 1, 2024
As of January 1, 2008
Subdivision 1. Objections.
An objection shall be interposed by mailing or delivering one copy of the written objection to the financial institution and one copy of the written objection to the debtor. A Request for Hearing and Notice of Hearing form must accompany each copy of the written objection.
Both copies of an objection to an exemption claim must be mailed or delivered on the same date. The financial institution may rely on the date of mailing or delivery of a notice to it in computing any time periods in this section.
Subdivision 1. Objections and request for hearing.
The written objection, and Request for Hearing and Notice of Hearing, must be substantially in the forms set out in subdivisions 2 and 3.
(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.
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.
(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. Notice of objection.
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:
The creditor objects to your claim for exemption from garnishment, levy of execution, order for attachment (strike inapplicable language) for the following reason(s):
The creditor objects to your claim of exemption from garnishment for the following reason(s):
Because of this objection, your financial institution will retain the funds you claimed to be exempt for an additional ten days. If you wish to request a hearing on your exemption claim, you need to do so within ten days from the date the objection was personally served on you, or within 13 days of the date the objection was mailed to you. You may request a hearing by completing the attached form and filing it with the court administrator.
1. The court shall provide clerical assistance to help with the writing and filing of a Request for Hearing by any person not represented by counsel. The court administrator may charge a fee of $1 for the filing of a Request for Hearing.
2. Upon the filing of a Request for Hearing, the clerk shall schedule the matter for a hearing no later than five business days from the date of filing. The court administrator shall forthwith send a completed copy of the request, including the hearing date, time, and place to the adverse party and to the financial institution by first class mail.
3. If it is possible that the financial institution might not receive the request mailed from the court administrator within ten days, then you may want to personally deliver a copy of the request to the financial institution after you have filed your request with the court.
4. An order stating whether your funds are exempt shall be issued by the court within three days of the date of the hearing.
If you do not file a Request for Hearing within ten days of the date the objection was personally served on you, or within 13 days from the date the objection was mailed to you, your financial institution may turn your funds over to your creditor.
If you file a Request for Hearing and your financial institution receives it within ten days of the date it received this objection, your financial institution will retain your funds claimed to be exempt until otherwise ordered by the court, or until the garnishment lapses pursuant to Minnesota Statutes, section 571.79 .
Subd. 3. Request for hearing and notice for hearing.
The request for hearing accompanying the objection notice must be in substantially the following form:
I hereby request a hearing to resolve the exemption claim which has been made in this case regarding funds in the account of ............. (Debtor) at the ......... (Financial Institution).
I believe the property being held is exempt because
(Note: Bring with you to the hearing all documents and materials supporting your exemption claim. Failure to do so could delay the court's decision. )
If the creditor receives all documents and materials supporting your exemption claim before the hearing date, the creditor may agree with your claim and you can avoid a hearing.
Because a court hearing will be held on your claim that your funds are protected, your financial institution will retain the funds until it receives 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.
Subd. 4. Duties of financial institution if objection is made to exemption claim.
Upon receipt of a written objection from the creditor within the specified seven-day period, the financial institution shall retain the funds claimed to be exempt. Unless the financial institution receives a request for hearing from the debtor asserting exemption rights within ten days after receipt of the written objection to the exemption, the funds remain subject to the garnishment summons as if no claim of exemption had been made. If a notice of motion and motion to determine the validity of a claim of exemption is received by the financial institution within the period provided, the financial institution shall retain the funds claimed to be exempt until otherwise ordered by the court, or until the garnishment lapses pursuant to section 571.79 .
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 .
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.