• Chapter 7 Bankruptcy
• Chapter 13 Bankruptcy
• Business Debts
• Stop Mortgage Foreclosures
• Stop Garnishments
• FAQ's
• Five Signs it Might Be Time to File Bankruptcy
• When To File Bankruptcy
• Do You Need A Bankruptcy Lawyer?
• Six Things Not To Do When Shopping For A Bankruptcy Attorney
• Are You Medically Bankrupt?
• Debt Management Scams
• Your Legal Rights During and After Bankruptcy
• Using Credit Wisley After Bankruptcy
• Business Law
• Estate Planning

Law Office of
Yvonne Michaud Novak
202 W. Superior Street
Suite 208
Duluth, MN 55802
Phone: 218-260-4341
Toll Free: 888-815-5046
Fax: 866-366-7695
Map and Directions

Are You Facing Garnishment of Your Wages or Bank Account in Minnesota?

In Minnesota, creditors may take up to 25 percent of someone's disposable income to pay a debt. The creditor does not have to get a court judgment before starting a garnishment. Creditors can garnish your wages or your bank accounts. A garnishment of wages lasts for 70 days.

Before the creditor can garnish you, they must have served you with a summons and complaint. Do NOT ignore this document even if it doesn't have any court identifying numbers on it. In Minnesota, the serving of the summons and complaint starts the lawsuit even though the court system may know nothing about it. If you do not answer the complaint, the creditor may start the garnishment process and may apply for a default judgment against you.

When you receive the summons and complaint from a creditor, it is time for you to talk to an experienced Duluth bankruptcy attorney to see if he or she may be able to help you avoid or stop garnishment. Duluth and Superior lawyers at the Law Office of Yvonne Michaud Novak have the experience and knowledge to provide the informative advice you need. Our debt relief attorneys can advise you of consequences of failing to respond and help you in preventing garnishment. Contact our law firm to arrange an appointment. Call Today: 218-260-4341 or (Toll Free) 888-815-5046.

Minnesota Wage Garnishment Process

To start the wage garnishment process, certain papers are sent to your employer. If the creditor is taking money from your wages to pay debts, you should receive notice before your wages are garnished. There are limits as to what the creditor can take from your wages. Most creditors are limited to 25 percent of your earnings after withholdings that are required by law have been removed. Creditors cannot take any of your disposable earnings if the earnings are less than $206 per week. Also, if you have received public assistance based upon need, the creditor cannot take wages for six months after you have received the assistance, ASSUMING THAT YOU FILL OUT THE PROPER EXEMPTION PAPERWORK AND SUBMIT IT WITHIN 10 DAYS.

Wage Exemption Claims Must Be in Good Faith

In order to claim an exemption, you must complete the Debtor's Exemption Claim Notice and return it to the creditor's attorney along with the last 60 days of your bank statements. You only have 10 days to complete and submit this form.

• Debtor bad faith: If the creditor believes you submitted the exemption form in bad faith, the creditor can take you to court to have the judge determine if you are exempt. If the judge determines that you submitted the form in bad faith, you may be assessed for costs, reasonable attorney fees plus an amount up to $100.
• Creditor bad faith: If you submit the exemption form and the creditor garnishes you anyway, you can take the creditor to court so a judge can decide if the creditor acted in bad faith. If you win, you can get awarded costs, reasonable attorneys' fees, damages and an amount up to $100.

Assistance based upon need includes Minnesota Family Investment Program, Work First Program, Medical Assistance, General Assistance, Minnesota Supplemental Aid, General Assistance Medical Care, Emergency General Assistance, MSA Emergency Assistance, Supplemental Security Income, Energy Assistance and Emergency Assistance.

Minnesota Bank Garnishment Process

To start the bank garnishment process, certain papers are sent to your bank. You will not be notified of the bank garnishment until your bank accounts have been frozen. This usually means that checks will bounce and you will incur overdraft fees. If you deposit qualified public assistance checks or wages that you have received while on public assistance within the last six months or if your wages are being garnished, the creditor cannot garnish your account for 60 days, IF YOU FILL OUT THE PROPER EXEMPT PAPERWORK AND SUBMIT IT WITHIN 14 DAYS.

The exemption paperwork must be submitted to the bank and the creditor's attorney. The bank will unfreeze your funds and release them in six days, unless the creditor objects in writing and schedules a hearing. At the hearing, you will have to show the court why your funds should be exempt from bank garnishment.

Certain monies cannot be garnished including Social Security, unemployment, workers' compensation, veterans benefits, earnings of a minor child and life insurance proceeds.

St. Louis County Attorneys Helping Stop Creditor Harassment and Garnishments

Yvonne Michaud Novak is a local Chapter 7 and Chapter 13 bankruptcy attorney who works with individuals and small businesses in resolving debt problems. Our law firm helps people file for debt relief under the Bankruptcy Code in order to stop wage garnishments, bank garnishments and other actions by creditors to collect debts. We help clients regain control of their finances and obtain a fresh start.

Contact the Law Office of Yvonne Michaud Novak today to schedule your free initial consultation at 218-260-4341 or (Toll Free) 888-815-5046. We offer after-hour appointments upon request. We are conveniently located in Duluth, Minnesota, and serve clients throughout the Duluth/Superior area.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Bold labels are required.

Contact Information

Name

E-mail Address Please enter a valid e-mail address.

Phone

Brief description of your legal issue

Please verify that you have read the disclaimer. I have read the disclaimer. disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close