Training For Minnesota Garnishment Law Requirements

Training For Minnesota Garnishment Law Requirements

Minnesota Wage Garnishment RulesWhat Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt.

The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

Minnesota Wage Garnishment Rules

How Much Of Your Wages Can Be Garnished?

Re child support orders, the maximum amount that can be withheld runs between 50 (if the employee is supporting another spouse and/or children) and 65% (if the employee is not supporting another spouse and/or children and is at least 12 weeks in arrears in making support payments).

Re levies, Creditors generally cannot garnish more than 25 percent of your "disposable wages." "Disposable" wages are the earnings that remain after deducting all withholdings required by law, or any of your disposable wages if you make less than $290 per week. These limits do not apply to judgments for child support.

When Are Your Wages Exempt From Garnishment?

The wages of people who receive certain types of government assistance are exempt from garnishment if the person fills out an exemption form. The Notice of Intent to Garnish Earnings should contain a list of categories that make wages exempt from garnishment. In general, if an employee has received government assistance based on need within the past six months, then creditors cannot garnish wages for two months after the date that individual last received the assistance. "Assistance based on need" includes assistance from government programs such as:
  • Minnesota Family Investment Program
  • Diversionary Work Program
  • Medical Assistance
  • General Assistance
  • General Assistance Medical Care
  • Emergency General Assistance
  • Minnesota Supplemental Aid
  • MSA Emergency Assistance
  • Supplemental Security Income
  • Energy Assistance
  • Emergency Assistance
An exemption does not apply automatically; rather, to qualify for an exemption, individuals must complete the appropriate paperwork.

About Child Support Garnishments

With regard to child support garnishments, all states are required to use the "Order/Notice To Withhold Income For Child Support" notice for Child Support. This notice is designed to provide employers with key information so that they do not have to decipher unfamiliar orders/notices from different states. Click here for details on this notice, and see below for suggested steps to process this notice.

Suggested Steps To Process The Income-Withholding Order/Notice

Upon receipt of the Order/Notice to Withhold Income for Child Support, the employer should:
  • Document the date of receipt
  • Determine if the order is "regular on its face" (that is, it appears to be an authentic and complete legal document)
  • Provide a copy of the Order/Notice to the employee if it has been issued by another state, and
  • Follow the terms of the order

Employers should note that they cannot contest the income-withholding order; however, the employer should contact the issuing agency if unable to implement the withholding either because the individual named in the order is not an employee or a withholding is already in place for the child and employee. Additionally, employers should note that states often have varying garnishment rules, so they should be sure to know the payroll wage garnishments rules for the state(s) in which it does business.

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Contact Info For Minnesota Garnishments Law

Minnesota Department of Revenue
Collection Division
P.O. Box 64564
St. Paul, MN 55164-0564

References and Disclaimers

This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.
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