How to Stop Wage Garnishment in Minnesota
Minnesota law limits most wage garnishments to 25% of your disposable earnings or less. You can claim exemptions if you receive government assistance, but you must file forms within ten days. The best strategy is responding to debt lawsuits early and negotiating settlements before garnishment begins.
Respond to LawsuitWage garnishment can devastate your monthly budget. A creditor, ex-spouse, or tax authority takes money directly from your paycheck. You struggle to pay rent, car payments, and basic expenses.
The good news? Minnesota law protects you from excessive garnishment. You can also take action to stop it entirely.
Stop Garnishment Before It Starts
Creditors need a judgment to garnish your wages. Respond to your debt lawsuit now and protect your paycheck. Don't let the deadline pass.
File Your AnswerHow Wage Garnishment Works
Creditors typically need a court judgment to garnish your wages. They sue you for unpaid debt. If you don’t respond or defend yourself, they win by default.
The judge grants a judgment. The creditor uses it to garnish your paycheck.
You can prevent this by responding to the lawsuit. Our partner Solo helps you file an Answer quickly.
Some entities don’t need court approval. The IRS, state tax agencies, federal student loan servicers, and child support enforcement can garnish wages directly.
Minnesota Wage Garnishment Limits
Minnesota law caps how much creditors can take. MN Stat § 571.922 sets strict limits on garnishment amounts.
Most creditors can only garnish the lesser of:
- 25% of your disposable earnings
- Your disposable earnings minus 40 times the Minnesota minimum wage ($10.59 per hour as of January 2023)
Disposable earnings mean your pay after required tax withholdings. If you earn less than $290 weekly, creditors cannot garnish your wages at all.
Example Calculation
Sarah faces garnishment for a $1,500 judgment. Her weekly after-tax pay is $600.
Option one: 25% of $600 equals $150.
Option two: $600 minus (40 × $10.59) equals $176.40.
The creditor can garnish $150 weekly. Minnesota requires the lower amount.
Child Support Garnishment Differs
Child support garnishment follows different rules. Courts can order 50% to 65% of your disposable income. The percentage depends on debt age and whether you support other dependents.
Income Exempt From Garnishment
Government assistance can exempt your income from garnishment. You must file an exemption form. Exemptions don’t happen automatically.
You may qualify if you receive:
- Diversionary Work Program
- Energy and Emergency Assistance
- Emergency General Assistance
- General Assistance
- General Assistance Medical Care
- Medical Assistance
- Minnesota Family Investment Program
- Minnesota Supplemental Aid
- MSA Emergency Assistance
- Supplemental Security Income
Minnesota protects your wages for two months after receiving government assistance. You must file the proper forms to claim this protection.
Filing an Exemption Request
You receive a Notice of Intent to Garnish Earnings. The notice includes a Debtor’s Exemption Claim Notice.
Fill out the exemption form completely. Attach supporting documents like bank statements.
You have ten days to return the form to your creditor. Miss this deadline and garnishment begins. It can continue for up to 70 days.
Fighting Improper Garnishment
Your creditor garnishes your wages despite a valid exemption. You must petition your local Minnesota court.
Hire an attorney experienced in wage garnishment. They prove your exemption eligibility to the court.
Courts punish bad faith garnishment. The creditor pays your legal costs, damages, and a fine up to $100.
Avoid Garnishment Before It Starts
Wage garnishment destroys your financial stability. Prevention is always better than fighting garnishment later.
Work with your creditor before your court date. Find money to pay the debt in full. Can’t pay everything? Negotiate a settlement.
Creditors often accept settlements for less than you owe. Administrative costs of garnishment cut into their profits. They prefer one-time settlement payments over managing ongoing wage garnishment.
Coming up with settlement money sounds difficult. It beats years of reduced paychecks. Borrow from family, use savings, or pick up extra work.
Our partner Solo helps you negotiate settlements and respond to debt lawsuits. You increase your chances of avoiding garnishment entirely.
Take Action Today
Minnesota law provides strong protections against excessive garnishment. You still need to act quickly and follow proper procedures.
Respond to lawsuits immediately. File exemption forms on time. Negotiate settlements before judgments happen.
Wage garnishment isn’t inevitable. You have options and rights under Minnesota law.