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Request And Order For Disclosure Form. This is a Minnesota form and can be use in Hennepin Local County.
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Last revised 7/1/2017 www.mncourts.gov/district/4 Pursuant to MN Statutes 247 491A and 247 550.011 (Judgment Debtor Financial Disclosure): If the case originated in District Court, unless the parties have otherwise agreed, if a judgment has been docketed in District Court for at least thirty (30) days, and the judgment is not satisfied, the District Court in the County in which the judgment originated shall, upon request of the judgment creditor, proceed to the Disclosure process. If the case originated in Conciliation Court, the thirty (30) days does not apply, but the judgment must be docketed and not satisfied before proceeding to the financial disclosure process. 1. If your case originated in District Court, your judgment must have been docketed in the District Court for at least thirty (30) days. If you case originated in Conciliation Court, your judgment must be docketed in District Court. The Court will mail you a notice with the docketing date. 2. Complete all of the information on ONE (1) copy of the REQUEST form and THREE (3) copies of the ORDER form. The only areas you DO NOT complete are the signature/date blanks in the lower/right area of the Order. NOTE: Forms and instructions are available on our website at www.mncourts.gov/district/4. (Click the link for Forms on the left side of the webpage.) 3. Use the District Court file number. This number was assigned when you filed your case from Conciliation Court into District Court. DO NOT USE THE CONCILIATION COURT FILE NUMBER. 4. Print all of your information clearly and legibly on the forms using a ball point pen. 5. Orders can only be sent to an individual person: 225 If there are joint defendants, you must submit one Request form and three Order forms for EACH person. Do not use titles such as Mr., Mrs., Rev., etc. First names are required. 225 If the debtor is a business or company, you must indicate the name and title of an officer/authorized person. Example: ABC Co. c/o Joe Doe, President. ** State Law does not permit Orders to be served directly upon a company. 6. Return the court forms along with the correct fee for each request, payable to: District Court Administrator Civil Filing Department Hennepin County Government Center, MC 332 Minneapolis, MN 55487-0332 7. The Court will process your forms and return a copy of the Order for Disclosure to you indicating the date the Order was mailed. 8. Please wait sixteen (16) days after you have received your copy of the Order for Disclosure. If the Judgment Debtor has not responded to you and if you have not been notified by the Court that the Post Office has returned the other party222s copy as undeliverable, you may then proceed with the Order to Show Cause procedure. Get the forms and instructions at the Civil Filing Counter on the 3rd floor of the Hennepin County Government Center 226 Courts Tower. This procedure requires the signature of the Signing Judge and needs to be done between the hours of 9:00 a.m.-12:00 p.m. and 1:30 p.m.-4:30 p.m. Monday through Friday by coming in person to the court 226 not through the mail. American LegalNet, Inc. www.FormsWorkFlow.com Last revised 7/1/2017 www.mncourts.gov/district/4 State of Minnesota District Court County Judicial District Case No. Plaintiff Request for Order for Disclosure Minn. Stat. 247247491A.02, subd. 9, 550.011 Defendant TO: The Court Administrator Concerning: Judgment Debtor222s Name Address City/State Zip The Judgment Creditor states that: 1. The Judgment Creditor has won a Judgment in this lawsuit against the Judgment Debtor. 2. The case began in District Court and the Court Administrator docketed the judgment more than thirty (30) days ago OR the case began in Conciliation Court and the Court Administrator has docketed the judgment, 3. The Judgment Debtor has not paid all of the money which is owed to the Judgment Creditor, and 4. The Judgment Creditor and the Judgment Debtor have not agreed to some other way to settle the debt. The Judgment Creditor requests that the Court order the Judgment Debtor to fill out a Financial Disclosure form, and mail it to the Judgment Creditor at the address shown below. The statements made in this request are true and correct to the best of my knowledge. Date: Judgment Creditor222s Authorized Signature/Title Print Judgment Creditor222s Name Address City/State Zip Telephone American LegalNet, Inc. www.FormsWorkFlow.com Last revised 7/1/2017 www.mncourts.gov/district/4 JUDGMENT DEBTOR Within 10 days after service of this Order, 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: Certified mail is required unless the case began in Conciliation Court. MN Statute 247 550.011.) WARNING: If you do not complete and mail the disclosure form to the Judgment Creditor within 10 days AFTER SERVICE OF THIS ORDER, the Judgment Creditor may ask the Court to hold you in 223civil contempt of court.224 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 case began in District Court and the Court Administrator docketed the judgment more than thirty (30) days ago, OR the case began in Conciliation Court and the Court Administrator has docketed the judgment; 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. STATE OF MINNESOTA DISTRICT COURT vs. ORDER FOR DISCLOSURE MN Statute 247 491A.02 subd. 9; MN Statute 247 550.011 County of Hennepin Fourth Judicial District Court File Number: Case Type: Civil Plaintiff Address City, State, Zip TO: Defendant Address City, State, Zip THIS IS AN OFFICIAL COURT ORDER THAT REQUIRES YOU TO PROVIDE CERTAIN INFORMATION. READ IT CAREFULLY. American LegalNet, Inc. www.FormsWorkFlow.com Last revised 7/1/2017 www.mncourts.gov/district/4 BY THE COURT: Date: Court Administrator Deputy Original for File. Second copy for Debtor ( mailed delivered on ) Third copy for Creditor ( mailed delivered on ) Mail the Financial Disclosure Form to: JUDGMENT CREDITOR222S Name Address Zip Telephone American LegalNet, Inc. www.FormsWorkFlow.com JGM402 State ENG Rev 8/18 www.mncourts.gov/forms Page 1 of 1 Minn. Stat.247247 491A.02, subd. 9, 550.011 SUMMARY OF EXEMPT PROPERTY (MINN. STAT. 247247 510.02, 550.37 ) 223Exempt property224 means property or money that 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 (JGM301). 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 property or type of income is not covered. If you have any questions about whether something is exempt, get 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. (Minn. Stat. 247 550.135, subd. 12 ) 1. Homestead (residence owned and occupied by the debtor) is exempt to a value of $ 42 0 ,000, or if used primarily for agricultural purposes , $ 1,0 50 , 0 00 . a. The Homestead may include up to 160 acres of land if located in a rural area. b. The proceeds of a sale of a homestead are exempt for one year after sale; does not apply to child support and maintenance arrearages. 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 Minn. Stat. 247 510.05 ). 2. Wages and Earnings a. All of your after tax earnings below 40 times the federal minimum wage or seventy - five percent (75%) of your after tax earnings, whichever is greater. For child support judgments, the exemption is based on the date of the judgment and other support obligations. (See Minn. Stat. 247 571.922 ) This money remain