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Order For Disclosure (Judgment Debtor Financial Disclosure) - Minnesota
| Order For Disclosure (Judgment Debtor Financial Disclosure) Form. This is a Minnesota form and can be used in Judgment Enforcement District Court Hennepin Local County . |
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State of Minnesota District Court Hennepin County Fourth Judicial District Court File Number: _________________________________________ Pl a int iff _____________________________________________________________ Address ________________________________________________ City, State, Zip v s. ORDER F OR DI S C LOSURE _________________________________________ De fe ndant _____________________________________________________________ Address ________________________________________________ City, State, Zip THIS IS AN OFFICIAL COURT ORDER WHICH REQUIRES YOU TO PROVIDE CERTAIN INFORMATION READ IT CAREFULLY. TO: __________________________________________________________ JUDGEMENT DEBTOR Within ten (10) days you must: 1. Fill out the attached Financial Disclosure Form describing your personal finances. 2. Mail this completed form to the JUDGMENT CREDITOR at the address stated in the box below. (Note: unless the case began in conciliation court, certified mail is required. MS.550.011). W ARNING: IF YOU DO NOT COMPLETE AND MAIL THE DISCLOSURE FORM TO THE JUDGMENT CREDITOR WITHIN 10 DAYS, THE JUDGMENT CREDITOR MAY ASK THIS COURT TO HOLD YOU IN CIVIL CONTEMPT OF COURT. IF THE COURT DECIDES THAT YOU INTENTIONALLY DISOBEYED THIS ORDER, THE COURT MAY FINE YOU, PUT YOU IN JAIL, OR BOTH. This order was issued because: 1. The JUDGMENT CREDITOR has won a Judgment in the lawsuit against you; 2. The Court Administrator recorded the Judgment in the official judgment docket more than thirty (30) days ago; 3. You have not paid the JUDGMENT CREDITOR all of the money which the Judgment says you owe; and 4. You and the JUDGMENT CREDITOR have not agreed to some other way to settle the debt you owe. Mail the Financial Disclosure Form to: B Y THE COURT: JUDGMENT CREDITORS Name Address ___________ M ark Thompson______________ Date C o urt Administrator City/State Zip By ______________________________ Telephone Deputy Original for file Second copy for Debtor ( ___ mailed ___delivered on ___________) Third copy for Cred( it___ mor ailed ___delivered on _________) READ NEXT PAGE FOR IM PORTANT INSTRUCTIONS <<<<<<<<<********>>>>>>>>>>>>> 2 SUMMARY OF EXEMPT PROPERTY (M.S. 510.02; 550.37) EFFECTIVE 08-01-2000 Exempt property means property or money, which by law cannot be taken from you to pay a judgment or debt. This summary is provided to help you claim your exemptions on the Financial Disclosure Form. Most exemptions apply only to debtors who are individuals (not corporations). Because this is only a summary, you may find that a specific piece of your propee rty or typof income is not covered. If you have any questions about whether something is exempt, seek legal advice. PENALTIES: IF THE COURT FINDS THAT YOU CLAIMED AN EXEMPTION IN BAD FAITH, YOU MAY BE ASSESSED COSTS, REASONABLE ATTORNEYS FEES AND AN AMOUNT NOT TO EXCEED $100.00 (M.S. 550.135, SUBD. 12). 1. Homestead (residence owned and occupied by the debtor) is exempt to a value of $200,000.00, of if used primarily for agricultural purposes, $500,000.00: a. The Homestead may include up to 160 acres of land if located in a rural area. If located in the laid out or platted portion of a city, the exempt area cannot exceed one-half acre; b. The proceeds of a sale of a homestead are exempt for one year after sale; does not apply to arrearages on child support and maintenance; c. A mobile home that you live in as a home is exempt; d. The Homestead exemption does not apply to mortgages, tax liens, mechanics liens and certain claims against an estate (See M.S. 510.05). 2. Wages and Earnings: a. All of your taxable earnings below forty (40) times the federal minimum wage ($206.00 for a forty (40) hour week) or seventy-five percent (75%) of your after tax earnings, whichever is greater. For child support judgments, the exemption is either 35, 40, 45 or 50 percent of your after tax earnings, based on the date of judgment and other support obligations. (See M.S. 571.922) This money remains exempt for twenty (20) days after deposit in a bank or other financial institution; b. Earning of your minor child and any child support paid to you; c. All of your earnings if you receive or have received public assistance based on need within the past six months, or if you have been an inmate of a correctional institution within the last six months. These funds remain exempt for sixty (60) days after deposit in a bank or other financial institution. 3. Business Assets (combined value of property in a and b not to exceed $13,000): a. Farm equipment, livestock, produce and standing crops if your main occupation is farming, not exceeding $13,000.00; b. Tools, machines, office furniture and inventory reasonably necessary in your trade or business, not exceeding $9,000.00. c. (Builders) Proceeds of payments received by a person for improvements to real estate within meaning of M.S. 514.01 4. Various benefits, pensions and insurance: a. Relief based on need (this includes MFIP, MFIP-R, MFIP-S, Work First, General Assistance, Emergency General Assistance, General Assistance Medical Care, Supplemental Social Security Income, Medical Assistance, Minnesota Supplemental Assistance, Minnesota Supplemental Assistance Emergency Assistance and Energy Assistance); b. Social Security benefits (Old Age, Survivors or Disability Insurance); c. Unemployment Compensation, Workers Compensation, Veterans Benefits (Remain exempt for one (1) year after receipt) and benefits payable for accident or disability; d. A stock bonus, pension, Individual Retirement Account or annuity or similar plan or contract received on account of illness, disability, death, age or length of service to the extent your aggregate interest under all plans and contracts does not exceed a present value of $54,000.00 plus an additional amount reasonable necessary for the support of the debtor or debtors dependents. (Note: ERISA-qualified benefits are not exempt after disbursement or if withdrawn prior to retirement and exemptions in Paragraph d do not apply to support orders per M.S. 518.54 , subd. 4a.); e. Insurance money received by surviving spouse or child as a result of the death of spouse or parent, not exceeding $36,000.00. Add $9,000.00 for each additional dependent. Debtors value in unmatured life insurance contract not exceeding $7,200.00; f. Rights to sue for personal injury. 5. Personal Property (Note: Personal goods are not exempt from secured claims to collect the purchase price.) a. One motor vehicle not exceeding $3
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