Minnesota Continuous Levy Attorney

Minnesota Continuous Levy Attorney

A continuous levy requires that a third party send regular, periodic payments to the Minnesota Department of Revenue. When the debtor is a business, 100 percent of the funds owed to the debtor may be demanded from the third party. When the debtor is an individual, however, the levy is limited to 25 percent of…

Minnesota Bank Levy Attorney

Minnesota Bank Levy Attorney

A bank levy is a legal action that takes property and rights to obtain property, including bank deposit accounts, of the person liable for a delinquent tax or other agency debt. When the Minnesota Department of Revenue mails a Notice of Levy to financial institutions, they are required to freeze the debtor’s funds on the…

Minnesota Wage Levies

Minnesota Wage Levies

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….

Minnesota Department of Revenue General Levy Guidelines

Minnesota Department of Revenue General Levy Guidelines

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…

Property Subject to Levy in Minnesota

Property Subject to Levy in Minnesota

The chart shows common assets subject to various types of levies: Property Subject to Levy Type of Levy Used W-2 wages, commissions and bonuses Wage Levy 1099 non-employee compensation, periodic rents Continuous Levy Checking and savings accounts at banks and credit unions Bank Levy Rights and shares in the stock of corporations Investment Levy Annual…

Types of Levies in Minnesota

Types of Levies in Minnesota

Wage Levy Wage levies take a portion of a debtor’s wages. Bank Levy Bank Levies take a debtor’s bank assets such as funds in a checking account. Continuous Levy Continuous Levies take all or a portion of a debtor’s payment for services (other than wages) performed for a third party on a continuous basis. Investment…

Minnesota Garnishment Non-Earning Disclosure Example

Minnesota Garnishment Non-Earning Disclosure Example

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 ____________________________________________________________________________…

Minnesota JGM 401 Garnishment Exemption Notice Example

Minnesota JGM 401 Garnishment Exemption Notice Example

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…

Minnesota Debt Garnishment Example Documents

Minnesota Debt Garnishment Example Documents

The following posts provide examples of documents used in the garnishment process. The content of these posts should not be used without first consulting with an experienced Minnesota garnishment attorney. Affidavit of Service (AOS) Garnishment Example Template Affidavit of Service (AOS) Garnishment Summons Example Template Garnishment Exemption Notice Example Template Minnesota JGM 401 Garnishment Exemption…

Garnishment Exemption Notice Example Template

Garnishment Exemption Notice Example Template

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…

Affidavit of Service (AOS) Garnishment Summons Example Template

Affidavit of Service (AOS) Garnishment Summons Example Template

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…

Affidavit of Service (AOS) Garnishment Example Template

Affidavit of Service (AOS) Garnishment Example Template

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:…

Garnishee Service Letter

Garnishee Service Letter

The following is an example of a Garnishee Service Letter. This example should not be used without first consulting with an experienced collections attorney. [DATE] [GARNISHEE], [GARNISHEE STREET ADDRESS] [CITY], [STATE] [ZIP] Re: [DEBTOR] v. [CLIENT] Court File XXXX-XX-XX-XXXX Our File No. XXXX.XX Dear [DEBTOR]: Enclosed herewith and served upon you are the Garnishment Summons,…

Minnesota Foreclosure Defense: Attorney’s Fees Awarded to Homeowner

Minnesota Foreclosure Defense: Attorney’s Fees Awarded to Homeowner

In a number of recent cases, Minnesota courts have ordered mortgage companies to cover attorney’s fees in Minnesota foreclosure defense cases. Three examples are below. MN Fourth Judicial District (Hilleshiem v. Source Lending Corp.) MN Fourth Judicial District (Pelayo v. Ruben Gonzalez and Modificaciones de Prestamos) Wiley v. A & K Auto Sales Case 0:06-cv-04611-DWF-AJB…

Garnishing an Employee’s Wages

Garnishing an Employee’s Wages

If certain statutory requirements are met, an employer who receives a garnishment notice concerning an employee is required to garnish the appropriate amount from the employee’s wages.290 The maximum amount which may be garnished from an employee’s wages is the lesser of 25 percent of the employee’s disposable earnings or the amount by which the…

Foreclosure of a 2nd Mortgage in Minnesota

Foreclosure of a 2nd Mortgage in Minnesota

This article discusses the basics of Minnesota foreclosures. This part addresses the impact a foreclosure of a first mortgage has on a second mortgage (home equity loans). This is part five of a series on Minnesota foreclosures. Foreclosure Basics Foreclosure by Advertisement Foreclosure by Action Deficiency Judgments Foreclosure of a 2nd Mortgage Second Mortgage Foreclosures…

Notice of Default and Demand for Full Amount Due

Notice of Default and Demand for Full Amount Due

This is an example of a letter demanding payment of unpaid debts. For more demand letters, see the Minnesota Demand Letters page. Demand for Full Amount Due Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY] [STATE] [ZIP] Re: Loans in Default to [CLIENT] Gentlemen: I have been retained to represent [CLIENT] regarding three loan defaults. This…

Minnesota Demand for Payment Letter Example

Minnesota Demand for Payment Letter Example

This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. Demand for Payment Letter Template VIA EMAIL AND US MAIL February 8, 2012 [EMAIL] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Amounts owed to [CLIENT] Dear [DEBTOR]: This firm represents [CLIENT] in connection with amounts due…

Example Demand Letter: Second Attempt to Collect a Debt

Example Demand Letter: Second Attempt to Collect a Debt

Below is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. What is a Demand Letter? Example Demand Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY], [STATE] [ZIP] Account: [DEBTOR’S ACCOUNT] Invoice #: [INVOICE NUMBER] Invoice Date: [INVOICE DATE] Invoice Amount: $[INVOICE AMOUNT] THIS IS…

Example Demand Letter: First Attempt to Collect a Debt

Example Demand Letter: First Attempt to Collect a Debt

This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page.Watch This Before You Continue Demand Letter Sample: [DATE] Sent by U.S. Mail [DEBTOR] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Collection of [CLIENT’S BUSINESS]’s Fees for [ITEMS] Dear [DEBTOR]: This firm represents [CLIENT] and [CLIENT’S BUSINESS]….

Free Example Demand Letters for Minnesotans

Free Example Demand Letters for Minnesotans

The following posts give examples of demand letters used in the collection of debts. The examples are intended only as a reference and should not be used without first consulting with an experienced collections attorney. Example Demand Letters Example Written Demand for Payment of Overtime Wages Not Paid Example Written Demand for Return of Renter’s…

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

Once you have a judgment against a debtor, and know the debtor’s assets, you still have to collect on your judgment. One way to do that is to garnish funds the debtor has at a bank or other financial institution. The Garnishment Procedure: Step 1 – The Summons If the debtor has funds at a…

Debt Collection: How to Deal with Avoidance Tactics of the Debtor

Debt Collection: How to Deal with Avoidance Tactics of the Debtor

Attempting to collect a debt can be difficult, even when you already have a court order showing that the debt is owed to you. Not every debtor will pay a debt simply because a court has ruled he or she owes it. Seek Court Intervention When debtors won’t simply pay up, you may need to…