Bill Text: MN SF129 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Conciliation court judgments attorney fees recovery provision
Sponsorship: Partisan Bill (Independent 1)
Status: (Introduced - Dead) 2013-01-28 - Referred to Judiciary [SF129 Detail]
Download: Minnesota-2013-SF129-Introduced.html
1.2relating to judgments; providing for the recovery of attorney fees incurred in
1.3collecting conciliation court judgments;amending Minnesota Statutes 2012,
1.4section 491A.02, subdivision 9, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 491A.02, subdivision 9, is amended to read:
1.7 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
1.8rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
1.9conciliation court judgment or a judgment of district court on removal from conciliation
1.10court has been docketed in district court, the judgment creditor's attorney as an officer of
1.11the court may or the district court in the county in which the judgment originated shall,
1.12upon request of the judgment creditor, order the judgment debtor to mail to the judgment
1.13creditor information as to the nature, amount, identity, and locations of all the debtor's
1.14assets, liabilities, and personal earning. The information must be provided on a form
1.15prescribed by the Supreme Court, and the information shall be sufficiently detailed to
1.16enable the judgment creditor to obtain satisfaction of the judgment by way of execution
1.17on nonexempt assets and earnings of the judgment debtor. The order must contain a
1.18notice that failure to complete the form and mail it to the judgment creditor within ten
1.19days after service of the order may result in a citation for civil contempt of court and that
1.20the judgment debtor will be liable for reasonable attorney fees incurred by the judgment
1.21creditor in collecting the judgment. Cash bail posted as a result of being cited for civil
1.22contempt of court order under this section may be ordered payable to the creditor to
1.23satisfy the judgment, either partially or fully.
2.1 Sec. 2. Minnesota Statutes 2012, section 491A.02, is amended by adding a subdivision
2.2to read:
2.3 Subd. 10. Attorney fees for collection of judgment. A judgment debtor is liable
2.4for reasonable attorney fees incurred by a judgment creditor in collecting a conciliation
2.5court judgment.
1.3collecting conciliation court judgments;amending Minnesota Statutes 2012,
1.4section 491A.02, subdivision 9, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 491A.02, subdivision 9, is amended to read:
1.7 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
1.8rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
1.9conciliation court judgment or a judgment of district court on removal from conciliation
1.10court has been docketed in district court, the judgment creditor's attorney as an officer of
1.11the court may or the district court in the county in which the judgment originated shall,
1.12upon request of the judgment creditor, order the judgment debtor to mail to the judgment
1.13creditor information as to the nature, amount, identity, and locations of all the debtor's
1.14assets, liabilities, and personal earning. The information must be provided on a form
1.15prescribed by the Supreme Court, and the information shall be sufficiently detailed to
1.16enable the judgment creditor to obtain satisfaction of the judgment by way of execution
1.17on nonexempt assets and earnings of the judgment debtor. The order must contain a
1.18notice that failure to complete the form and mail it to the judgment creditor within ten
1.19days after service of the order may result in a citation for civil contempt of court and that
1.20the judgment debtor will be liable for reasonable attorney fees incurred by the judgment
1.21creditor in collecting the judgment. Cash bail posted as a result of being cited for civil
1.22contempt of court order under this section may be ordered payable to the creditor to
1.23satisfy the judgment, either partially or fully.
2.1 Sec. 2. Minnesota Statutes 2012, section 491A.02, is amended by adding a subdivision
2.2to read:
2.3 Subd. 10. Attorney fees for collection of judgment. A judgment debtor is liable
2.4for reasonable attorney fees incurred by a judgment creditor in collecting a conciliation
2.5court judgment.
