SF2847

SF2847 (Legislative Session 94 (2025-2026))

Statutory forms pertaining to garnishment modification

Related bill: HF2543

AI Generated Summary

Purpose of the Bill

The bill aims to amend existing Minnesota laws regarding statutory forms related to garnishments, focusing on improving clarity, specifying processes, and ensuring that judgment debtors are properly informed of their rights and obligations in garnishment proceedings.

Main Provisions

Garnishment Notices: Enhances the requirements for notifying judgment debtors about potential garnishments on their earnings or property. Debtors must be informed at least 10 days prior to any garnishment actions.
Exemptions: Outlines specific circumstances where a debtor's earnings are exempt from garnishment. These include receiving government assistance, having done so within the past six months, or recently being an inmate.
Disclosure and Worksheet Requirements: Details the format and information required on garnishment notices and worksheets, including the calculations for disposable earnings.
Debtor Rights: Improves the explanations given to debtors regarding their ability to claim exemptions and the legal means to challenge garnishments.
Penalties for Bad Faith: Establishes consequences for creditors or debtors who engage in bad faith actions, such as improperly ignoring valid exemption claims or making false claims of exemption.

Significant Changes to Existing Law

Structured Notifications: Mandates exact wording and format for notifications and disclosures related to garnishments to ensure consistency and understanding.
Exemption Claim Process: Clarifies the procedures for debtors to claim exemptions, requiring specific documentation like bank statements for the past 60 days.
Expanded Coverage for Exemptions: Includes a broader range of potential government benefits that qualify earnings for exemption from garnishment.
Penalties: Introduces fines up to $100 for parties who act in bad faith, either by ignoring legitimate exemptions or wrongfully claiming them.

Relevant Terms

Garnishment
Judgment debtor
Exemption notice
Earnings disclosure
Disposable earnings
Government assistance
Writ of execution

Bill text versions

Introduction PDF file
1st Engrossment PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 19, 2025	Senate	Floor	Action	Introduction and first reading
March 19, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety
March 31, 2025	Senate	Floor	Action	Comm report: To pass as amended
March 31, 2025	Senate	Floor	Action	Second reading

Citations

[
  {
    "analysis": {
      "added": [
        "A new subsection clarifying disbursement rules."
      ],
      "removed": [
        "Eliminates previous requirement for municipal matching funds."
      ],
      "summary": "This bill modifies pension fund eligibility for volunteer firefighters under section 353G.06.",
      "modified": [
        "Adjusts pension payment schedule from annual to quarterly."
      ]
    },
    "citation": "353G.06"
  }
]