I have represented a number of defendants in cases involving claims that they illegally downloaded a movie, video, music, or software. The following outlines the process involved in these illegal downloading cases and what to do about them if you find yourself defending claims that you illegally downloaded copyrighted material. Illegal Download Lawsuit Process The…
A wage levy, sometimes referred to as a garnishment, is a legal action used to take up to 25 percent of a debtor’s wages to pay a debt. The wage levy notice to an employer includes a disclosure form on which the employer calculates how much “additional withholding” will be taken from the debtor’s wages….
Collect tax debts first, then collect other agency debts in the order they were referred to the Department for collection. The Minnesota Department of Revenue’s wage levy for any type of debt takes precedence over a private garnishment after 70 days from service of the private garnishment to the employer. It does not take precedence…
The End-of-Confinement Review Committee An end-of-confinement review committee is responsible for determining an offender’s risk level, which in turn determines the level of community notification that will occur. The end-of-confinement review committee is a standing committee at each state correctional facility and at each state treatment facility where predatory offenders are confined. The committee is…
What is Theft by Swindle in Minnesota? Theft by Swindle is defined by Minnesota Statutes section 609.52, subdivision 2(4), as swindling, whether by artifice, trick, device, or any other means, whereby a person obtains property or services from another person. Have any Minnesota cases elaborated on the definition, elements, tests, or scope of Theft by…
Continuation Coverage Minnesota law requires group life insurance plans to permit employees who are voluntarily or involuntarily terminated from employment the option to elect to continue the coverage for the employee and his or her dependents. Termination does not include discharge for gross misconduct.218 The employee is eligible to continue coverage for 18 months after…
Continuation Coverage Minnesota law requires that insured group health plans and plans established by employers through HMOs governed by Minnesota law allow covered employees who are voluntarily or involuntarily terminated (other than for gross misconduct45) from employment to elect to continue coverage for the employee and the employee’s dependents.46 The employee is eligible to continue…
The Plan Administrator has the obligation to send a COBRA Election Notice to each qualified beneficiary who will lose plan coverage as a result of a qualifying event. The Election Notice contains information about a qualified beneficiary’s continuation coverage rights and obligations with respect to a qualifying event, and is typically accompanied by a COBRA…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
An offender who is on probation or parole in another state and who enters the state under a reciprocal agreement under the interstate compact for the supervision of parolees and probationers may enter the state only on the condition that the offender agrees to register under the law while living in Minnesota. Additionally, the BCA…
Failure to Comply with the Registration Law In certain circumstances, the BCA may make information public about an offender who is out of compliance with the registration law. The offender must be out of compliance for 30 days or longer for failure to provide his or her primary or secondary addresses. If the offender is…
Who Must Register for Withholding Taxes You must register to file withholding tax if you: have employees and anticipate withhold- ing tax from their wages in the next 30 days; agree to withhold Minnesota taxes when you are not required to withhold; pay nonresidents to do work for you in Minnesota and the amount earned…
What is Sales and Use Tax? Go here for our full guides to Minnesota Sales Tax and Minnesota Use Tax. Do I have to register my business? You must register to collect sales tax if you make taxable retail sales in Minnesota. This includes sellers outside Minnesota who: have an office; distribution, sales, or sample…
Individuals Subject to Lifetime Registration Lifetime registration is required for three categories of individuals. Recidivists This category includes a person convicted of or adjudicated delinquent for any offense for which registration is required who has a prior conviction or adjudication for an offense where registration was or would have been required under the law. For…
The Registration Period A person must register with the person’s corrections agent as soon as the agent is assigned to him or her, which occurs upon release from incarceration, or if the person is not incarcerated, at the time he or she is placed on some form of release. If the offender does not have…
Minnesota Business Tax ID number You need a Minnesota tax ID number if you: make taxable sales or leases, perform taxable services in Minnesota, withhold Minnesota income taxes from employees’ wages, make estimated business tax payments, file a Minnesota corporation franchise, S corporation or partnership tax return, file fiduciary income tax returns as an estate,…
Minnesota Application for Business Registration | Tax Instructions The following posts are written for businesses which have already formed a business entity. For information on starting your own business, click here. How to Register online at www.taxes.state.mn.us by phone at 651-282-5225 or toll free 1-800-657-3605 TTY users: Call 711 for Minnesota Relay complete ABR form…
Notice to Homeowners: Be Sure Your Contractor is Licensed Know your Rights as a Homeowner The State of Minnesota recently adopted a statewide “Contractor and Remodeler License Law.” This law is designed to protect the consumer by requiring that contractors be licensed with the State. Contractors must apply to the State, post a bond, and…
The following questions and answers are provided to help people completing the Minnesota Charitable Organization Initial Registration & Annual Report Form. I have received questions from people completing the State of Minnesota: Charitable Organization Initial Registration & Annual Report Form. Here are my responses. Question: When do I need to file the Minnesota Charitable Organization…
The following is example text from a Non-Earning Disclosure. For a formatted version, download the Non-Earnings Disclosure PDF or Non-Earnings Disclosure DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] FIRST JUDICIAL DISTRICT ____________________________________________________________________________…
The following is example text from a Garnishment Exemption Notice. For a formatted version, download the JGM 401 Garnishment Exemption Notice PDF or JGM 401 Garnishment Exemption Notice DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT…
The following is example text from a Garnishment Exemption Notice. For a formatted version, download the Garnishment Exemption Notice PDF or Garnishment Exemption Notice DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] FIRST…
The following is example text from an Affidavit of Service of Garnishment Summons. For a formatted version, download the AOS Garnishment Summons PDF or AOS Garnishment Summons DOC. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY…
The following is example text from an Affidavit of Service. For a formatted version, download the Affidavit of Service PDF. The text below and its PDF and DOC counterparts should not be used without first consulting with an experienced collections attorney. STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] FIRST JUDICIAL DISTRICT ______________________________________________________________________________ Case Type:…
Verification of Information In most cases, the BCA must mail a verification form to the individual’s last reported primary address once each year, within 30 days of the anniversary date of the person’s initial registration. However, the BCA must send out the form four times per year for those offenders who are required to register…
Nominative Fair Use Overview “Nominative fair use” is one exception to the general rule that you may not use another’s trademark in commerce. That is, use of another’s trademark is allowed under the nominative fair use doctrine. Nominative fair use, by definition, is not trademark infringement because such use is not likely to confuse consumers….
Whistleblower Action Presumably, most people are honest. Most people don’t steal, they pay their taxes, and their actions mostly conform to the laws of our society. There are, however, a few bad apples in the bunch. What happens if you work for one of the wrongdoers? Should you turn in your boss? The answer to…
The court must inform a person who is required to register of the duty to register and require the person to read and sign a form stating that the duty of the person to register under this section has been explained. The court also must inform the person that, if the person fails to comply…
Convicted predatory offenders also are subject to several other mandatory sentencing laws that are designed to minimize their recidivism risk. Minimum Conditional Release Term. If a court sentences a felony-level sex offender to prison, the court must also sentence the offender to serve a minimum period of “conditional release” after release from prison. All offenders…