Stop Wage Garnishment in Minnesota

Edited by Hannah Locklear

Receiving notification of impending wage garnishment isn’t just bad news—it’s awful. Despite your objections, a creditor, ex-spouse, tax authority, or other entity will receive a portion of your paycheck until you repay your debt.

Wage garnishment can severely hinder your ability to pay your other obligations, like rent and car payments. If you struggled to make ends meet before, wage garnishment will worsen the situation.

What you need to know about wage garnishment

To obtain a wage garnishment against you, a creditor or other entity usually needs a judge’s consent. That occurs when they successfully sue you for debt.

For instance, if your creditor decides to file a debt lawsuit against you because you haven’t paid your bills, and if you don’t file an Answer or attempt to defend yourself, they’ll probably win their case. The judge will order a default judgment, which they can use to garnish your wages.

Prevent potential wage garnishment by fighting your debt lawsuit. SoloSuit’s Debt Answer service can help.

Occasionally, entities can garnish your wages without a judge’s approval. If you owe back taxes to the IRS or your state tax agency, they can start the wage garnishment process against you. Similarly, federal student loan providers and ex-spouses to whom you owe child support can also garnish your wages.

Minnesota wage garnishment laws can protect you

Each state has its own legal requirements for wage garnishment. Minnesota is no different.

Let’s start with the limitations on wage garnishment. According to MN Stat § 571.922, most wage garnishments (except for child support) will be the lesser of the following:

1. 25% of the debtor’s disposable earnings.
2. The debtor’s disposable earnings minus 40 times the current Minnesota minimum wage ($10.59 per hour as of January 1, 2023) OR 40 times the current federal minimum wage ($7.25 hourly).

According to Minnesota law, disposable earnings include any earnings after deducting required legal withholdings, such as federal and state tax. If you earn less than $290 weekly, creditors cannot garnish your wages.

Let’s look at an example.

People who face wage garnishment for back child support are subject to different rules. Garnishment varies from 50 to 65% of the debtor’s disposable income, depending on the age of the debt and whether the debtor has a new spouse or dependent child.

Some types of income are exempt from garnishment

It is possible to exempt part of your income from wage garnishment if you receive financial or other assistance from government programs. However, you must fill out an exemption form — an exemption is not automatic. People may obtain an exemption if they receive assistance under these programs:

• Diversionary Work Program
• Energy and/or 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

General rules in Minnesota stipulate that creditors cannot garnish your wages for two months following the period when you last received government assistance. However, if you fail to file the appropriate forms, you’ll give up your right to an exemption.

Know how to file an exemption request for wage garnishment

Every debtor facing a wage garnishment receives a Notice of Intent to Garnish Earnings. Each Notice contains another paper, the Debtor’s Exemption Claim Notice. You must fill out the Debtor’s Exemption Claim form and provide supporting paperwork, such as your bank statements.

You have up to ten days to return the Debtor’s Exemption Claim form to your creditor. If you don’t file the claim promptly, the garnishment will begin and can continue for up to 70 days.

What to do if a creditor improperly garnishes your wages in Minnesota

If you file a legitimate exemption form within the allotted time and your creditor starts garnishing your wages anyway, you must petition your local Minnesota court. Hire a lawyer experienced in wage garnishment to prove your eligibility for the exemption.

If the court finds that the creditor engaged in bad faith garnishment of your wages, the creditor will be responsible for your legal costs, damages, and a maximum $100 fine.

Take every action to avoid wage garnishment

As you can see, wage garnishment can severely damage your after-tax income. You may find it challenging to keep up with your other responsibilities, and this will only worsen your financial problems.

To avoid wage garnishment, it’s best to work with your creditor to come to a solution before your court date. Find the means to pay off the debt before it becomes a serious issue. If you can’t find the money to repay the obligation, attempt to settle it.

Often, creditors are willing to settle old debts because they know that the administrative burden of wage garnishment can outweigh the benefits. Rather than dealing with your employer and court paperwork, they’d rather accept a one-time settlement payment that’s less than the total value of your obligation.

Settling your debt may sound difficult since you’ll need to come up with the money you may not have in savings, but it’s much better than dealing with ongoing wage garnishment. Explore all your options before allowing a creditor to garnish your wages.

Are you facing a debt lawsuit? Settle your debt with the help of SoloSettle.

Watch the following video to learn more about how to settle a debt and avoid wage garnishment in Minnesota:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court