Who can garnish in Minnesota and how much can they take?

One of the biggest terrors a person can experience is the reality that a creditor has taken funds from a paycheck or from a bank account. In the case of a paycheck or wage garnishment a creditor is allowed to garnish up to 25% of disposable income (unless the garnishment if for child support). Only one wage garnishment is allowed at a time in Minnesota (even if two creditors have a valid garnishment, only one creditor can take 25% for a period of 70 days at which time the next garnishment may begin) Minnesota wage garnishments are controlled by Minn. Stat. 571.92.

In the case of wage garnishments (controlled by Minn. Stat. 571.91) a bank may obtain up to 110 percent of the amount owed to the creditor which can be the entire amount in your bank account, checking account and investment account. The big MN banks, Wells Fargo, TCF, U.S. Bank and Bank of America often charge a fee on top of the garnishment. The result of the garnishment and bank fees will often leave a bank account negative.

There are options to protect your income and bank accounts from creditors but you can’t delay. Once a creditor has taken a Minnesota judgment your wages and financial accounts are at risk. Doing nothing will ensure that the garnished funds will be lost forever contacting us can mean stopped garnishment and recovered funds.