570.01 ALLOWANCE OF ATTACHMENT. As a proceeding ancillary to a civil action for the recovery of money and to any action brought by the attorney general under the authority of section 8.31, subdivision 1, or any other law respecting unfair, discriminatory, or other unlawful practices in business, commerce, or trade, the claimant, at the time […]
570.011 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 570.01 to 570.14, the terms defined in this section have the meanings given them. Subd. 2. Claimant. “Claimant” means a party requesting an order of attachment, whether that party is the plaintiff, defendant, or any other party in the civil action. Subd. 3. Respondent. “Respondent” […]
570.02 GROUNDS FOR ATTACHMENT. Subdivision 1. Grounds. An order of attachment that is intended to provide security for the satisfaction of a judgment may be issued only in the following situations: (1) when the respondent has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the respondent’s nonexempt […]
570.025 PRELIMINARY ATTACHMENT ORDER UPON EXTRAORDINARY CIRCUMSTANCES. Subdivision 1. Application. A claimant seeking a preliminary attachment order in extraordinary circumstances to secure property prior to the hearing specified in section 570.026 shall proceed by written application. The application shall be accompanied by affidavits or by oral testimony if allowed by the court, or both, setting […]
570.026 ATTACHMENT AFTER NOTICE AND HEARING. Subdivision 1. Motion. A claimant seeking to obtain an order of attachment in other than extraordinary circumstances shall proceed by motion. The motion shall be accompanied by an affidavit setting forth in detail: (1) the basis and amount of the claim in the civil action; and (2) the facts […]
570.041 BONDING REQUIREMENTS. Subdivision 1. Amount and condition. Before issuing any order of attachment, the court shall require the claimant to post a bond in the penal sum of at least $500, conditioned that if judgment be given for the respondent or if the order is vacated, the claimant will pay all costs that may […]
570.051 ATTACHMENT ORDER. Subdivision 1. Requirements of order. An order for attachment shall: (1) contain the findings required by section 570.026; (2) state with particularity the facts upon which the findings are made; (3) state that any respondent who attended the hearing was offered an opportunity to identify exempt property, without waiver of the right […]
570.061 EXECUTION OF ORDER OF ATTACHMENT. Subdivision 1. Time of execution. The sheriff shall execute an attachment order without delay after receiving it. If the sheriff does not attach property within 90 days after the order is issued by the court, or such further time as the court may order, the order shall automatically terminate. […]
570.071 PUBLIC EMPLOYEES; ATTACHMENT OF WAGES. The salary or wages of an officer or employee of a county, city, town, or school district, or of any department of the subdivision may be attached. Where the respondent is an officer, the order shall be served upon the auditor, treasurer, or clerk of the subdivision or department […]
570.08 JUDGMENT FOR CLAIMANT, HOW SATISFIED. If judgment is recovered by the claimant, the sheriff shall satisfy the judgment out of the property attached, if sufficient, first paying to claimant the proceeds of sales of perishable property and of all credits collected by the sheriff, or so much as may be required. If a balance […]
570.094 ATTACHED PROPERTY RETAKEN; DAMAGES. If any of the attached property belonging to the respondent passes out of the sheriff’s hands without being converted into money, the sheriff may retake the property, and for that purpose has all the powers originally conferred by the order; and any person who conceals or willfully withholds the property […]
570.11 SATISFACTION AND DISCHARGE; REAL ESTATE. An attachment of real estate may be released by recording with the county recorder or the registrar of titles for registered property: (1) a certified copy of an order of the court vacating the attachment, or of a final judgment in the respondent’s favor, or a satisfaction of judgment […]
570.12 SATISFACTION AND DISCHARGE; PERSONAL PROPERTY. When an attachment of personal property has been made by filing a copy of the order with any public official, its discharge shall be effected by filing in the same office as any instrument mentioned in section 570.11. History: (9353) RL s 4226; 1985 c 153 s 13
570.131 MODIFICATION OR EXPIRATION OF ATTACHMENT. Subdivision 1. Modification. Before the entry of judgment, any party may obtain vacation of the order of attachment, the release of any property, or the modification of any term or condition of the order upon a bond or other condition as the court orders. Subd. 2. Expiration. The attachment […]
570.14 ATTACHMENTS AND RELEASES; RECORD AND INDEX. All copies of orders of attachment prescribed for recording, and all satisfactions or releases of attachments of real estate thereunder, shall be recorded by the county recorder in the current method of recording mortgages, and shall be indexed as if the respondent in the attachment were a mortgagor […]
