Minnesota Wage Garnishment After a Judgment: Forms, Limits, and Steps

Wage garnishment is often the most effective way to collect a small claims judgment in Minnesota. If the debtor has a job, you can intercept a portion of their paycheck every pay period until your judgment is satisfied. But Minnesota has strict notice requirements, and getting the paperwork wrong means starting over.

Before You Can Garnish Wages

Three things must be true before you serve a wage garnishment:

1. The judgment is final and effective — 21 days after notice is transmitted, plus three days if served by U.S. Mail
2. The judgment is docketed in District Court via Form JGM104 and the $40 transcript fee
3. You know the debtor's employer — name and address for service

If you don't know where the debtor works, you'll need to go through the disclosure process first. Filing a Request for Order for Disclosure (Form JGM302) compels the debtor to reveal income sources.

The 10-Day Advance Notice Requirement

This is where many self-represented creditors trip up. Under Minn. Stat. § 571.924, you must serve a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings (Form JGM802) on the debtor at least 10 calendar days before serving the garnishment on the employer.

This notice tells the debtor what you're about to do and explains their right to claim exemptions. Skip this step and the entire garnishment can be thrown out.

Serving the Garnishment on the Employer

After the 10-day notice period expires:

1. Serve the employer with a Garnishment Summons and Notice to Debtor (Form JGM801), plus a blank Garnishment Earnings Disclosure (Form JGM803)
2. Pay the $15 garnishee fee to the employer at the time of service
3. Mail the debtor a copy of the Garnishment Summons plus an affidavit of service within 5 business days after serving the employer

Under Form JGM803, the employer withholds from earnings payable during the 90 days after service. During that window, the employer withholds permitted amounts and pays them as the form directs.

How Much Can Be Garnished

Minnesota uses a tiered limit under Minn. Stat. § 571.922. For non-child-support judgments, the maximum is the lesser of the applicable percentage of disposable earnings and the amount by which disposable earnings exceed 40 times the greater state or federal minimum wage. The percentage depends on weekly gross income: 10% when it is over 40 times and no more than 60 times that wage; 15% when it is over 60 times and no more than 80 times; and 25% when it is over 80 times.

Disposable earnings means gross pay minus legally required deductions (federal and state income tax, FICA, Medicare). Voluntary deductions like 401(k) contributions or health insurance don't count.

Worked example — debtor earning $680 in weekly gross income and $600 in weekly disposable earnings. Minnesota's minimum wage is $11.41 per hour in 2026, so 40 times that wage is $456. At $680 gross, the 10% tier applies; the employer withholds the lesser of 10% of disposable earnings ($60) or disposable earnings above $456 ($144):

For someone earning near minimum wage, the 40-times floor protection reduces or eliminates the garnishment amount.

What's Protected From Garnishment

Certain income is completely exempt:

• Social Security benefits — protected under federal law (31 CFR Part 212) with an automatic two-month lookback
• SSI, VA benefits, and Civil Service Retirement — also federally protected
• Public assistance payments
• Workers' compensation benefits
• Child support and spousal maintenance the debtor receives

If the debtor claims an exemption, the employer holds the disputed funds while the claim is resolved. You have 6 business days to object after receiving the exemption claim; if you don't file Form JGM403 (Creditor's Objection to Exemption Claim) in time, the money goes back to the debtor.

After the 90-Day Earnings Period

When the 90-day earnings period ends, you have options:

• Serve a new garnishment if the judgment isn't fully satisfied — repeat the same process, including the 10-day advance notice
• Try a different enforcement tool like a bank levy or writ of execution if wage garnishment alone isn't enough

Only disbursements made taxable by statute or court rule, paid or incurred after judgment and included in an affidavit filed under Minn. Stat. § 549.09, subd. 4, can be deducted from payments on the judgment. Keep receipts and use Form JGM106 for eligible increased costs; the $15 garnishee fee and service charges are not automatically recoverable.

Getting the Full Garnishment Sequence Right

The timing matters. Serve the 10-day notice too late, miss the 5-day debtor notice after serving the employer, or forget the $15 garnishee fee, and you risk having the garnishment challenged. The Minnesota judgment collection guide includes a deadline tracker for every step in the garnishment process, along with the complete form sequence from JGM801 through JGM806.

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