Judgment Levies

Chapter 551 of Minnesota Statutes allows collection counsel to levy on money, other personal property, and earnings by using a quick alternative to a formal writ of execution through the sheriff’s office or a formal garnishment procedure. Notice of execution levy on a third-party holding money of the debtor is served by certified mail by

Contempt of Court Motions

Minnesota Statutes, chapter 588, and rules 45.07 and 69 of the Minnesota Rules of Civil Procedure allow the district court to hold the debtor in contempt of court for failure to obey a subpoena or a court order in supplementary proceedings. Collection counsel will have to draft the following documents: notice of motion and motion,

Orders for Disclosure

Minnesota Statutes, section 550.011, allows a judgment creditor to request of the district court an order requiring the debtor to provide the creditor with information regarding the “nature, account, identity of, and location of all of the debtors’ assets, liabilities, and personal earnings.” The order for disclosure is a valuable, low cost means of gathering

Interrogatories and Supplementary Proceedings

Rules 69 and 33 of the Minnesota Rules of Civil Procedure also allow collection counsel to draft extensive interrogatories to be answered under oath, as in prejudgment discovery. They may be served upon debtors by mail or by personal service. Failure of a debtor to answer the interrogatories under oath within 30 days of the

Using Subpoenas

Rule 69 of the Minnesota Rules of Civil Procedure provides that in the post-judgment collection stage, the judgment creditor may examine any person, including the judgment debtor, in the manner provided in the rules for taking depositions or other discovery. There is no requirement that a writ of execution be “returned unsatisfied” by a sheriff,

The Right Attitude Toward Collection

Collecting a judgment involves: a working knowledge of selected Minnesota Statutes and Rules of Civil Procedure, how and when to use specific post-judgment creditors’ remedies, procedures in sheriff’s offices, how to enlist the assistance of district court judges, the enforcement of subpoenas and orders, asset liquidation as a last resort, and how to acquire helpful

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