Minnesota judgment records are documents designed to provide an account of a legal proceeding and the court’s final decision after a hearing. Minnesota state courts are tasked with generating and maintaining these records, and they typically contain information pertaining to the case, as well as court-related data. Also contained within Minnesota judgment records are the penalties ascribed to the erring party, the date of the judgment, and the basis of the court’s final decision.
Like other Minnesota court records, judgment records are considered public information and can be made available to interested and eligible members of the public. To access a judgment record in Minnesota, requestors will be required to query the court clerk of the court where the judgment was issued in person, via mail, or online. Judgment records may also be found using federally-managed repositories and third-party aggregate sites.
What is a Judgment?
In Minnesota, a judgment is a final declaration made by judge following a criminal prosecution or civil suit. A judgment may be oral or written, and it typically details the nature and severity of the offense, as well as the penalties ascribed to the losing party. Where the judgment is issued between a creditor and debtor, the court makes the final determination for the monetary compensation, and the deadline for the compensation.
While judgments are typically issued after a hearing is held, the court is also at liberty to issue a default or summary judgment in selected cases. When the court rules in favor of a party, the winning party is deemed a creditor while the opposition is considered a debtor.
Judgment debtors are bound to fulfill their court-mandated obligations to the creditor or risk additional penalties. Minnesota state laws offer debtors several alternatives for meeting the financial demands of their judgment including property transfer and installmental payments.
Minnesota Judgment Laws
Minn. Stat. ch. § 548 and §550 contain Minnesota state provisions for the execution, redemption and exemptions of Judgments in The state. Interested persons may view the code for information regarding the entry and execution of Judgments within state limits pursuant to the rules of civil procedure.
What is Judgment Lien?
A Minnesota judgment lien can be described as a court-generated interest in a debtor's property such as a land or personal property.
Judgment liens are typical in civil litigation - they are usually found necessary when resolving civil disputes pertaining to tax evasion, divorce and child support. In selected cases, a lien can be consensual, and the debtor or owner of the property may agree to put a mortgage on it to meet the financial obligations of their judgment. However, judgment liens may also be non consensual and can be put on a property without the owner’s approval.
While there are many laws that outline the state’s provisions for the administration of civil judgment liens, Minn. Stat. ch. § 548.09 is the primary starting point for understanding Minnesota judgment liens. Pursuant to the state code, a judgment is a lien from the time of docketing, and remains valid for 10 years. However, liens do not apply to “Torrens” property and upon registered land unless it is also recorded pursuant to 508.63 and 508A.63 of the state’s code.
What is a Minnesota Summary Judgement?
Minnesota summary judgments are typically issued in cases where the court believes there is no need for a formal or elaborate trial. Where this happens, both parties may be unable to provide sufficient evidence to prove their case, or the case very obviously swings in the favor of one party, while the other has no defense or basis for prosecution. Summary judgments are important for helping the court and the either party avoid the hassle and additional expenditure of a trial. Nonetheless, like most trials, a debtor and creditor is bound to emerge when a summary judgment is declared in Minnesota.
What is a Summary Judgment Motion in Minnesota?
Rule 56 of the Minnesota court rules of civil procedure sets the provisions for Summary judgment motions within the state’s jurisdiction. Per section 56.02 of the code, those seeking to serve and file the motion must do so in compliance with Rule 115.03 of the General Rules of Practice for the District Courts. Hence, summary judgment motions may not be served less than 14 days before the allotted hearing date or more than 30 days after the close of all discovery, unless the court determines otherwise. All motions must state specific basis for the request, and the court may consider the motion on its own initiative, grant summary judgment for a nonmovant, based on the argument of the movant or decline the motion. While summary motions do not necessarily require the oral testimony of the either party, the non-movant will be offered a chance to respond or dispute the movants claims for a limited time period. If the court determines that there is no basis for the motion, it is overruled. Also, if the motion is deemed to be submitted in bad faith or simply for the purpose of delay, the movant will be required to pay a compensation to the other party, and may be held in contempt of the court.
Minnesota Judgment Record Search
Minnesota judgment records, like most court records, are deemed public information unless otherwise determined by a state court. The Minnesota public information disclosure act grants interested and eligible persons access to judicial records. In spite of this provision, selected judgment record information may be exempt from public access. To access public judgment records, requestors may query the court clerk’s office in the courthouse where the judgment was declared, or request the records using online sources operated by local courts, or third-party aggregate sites.
How Do I Lookup a Judgment in Minnesota?
To lookup a judgment in Minnesota, interested and eligible persons may visit the court where the judgment was issued, or query the court clerk via phone, email or online.
The contact information for various courts in Minnesota can be found using the Find your court tool of the Minnesota Judicial Branch website. However, while standard procedure for securing a court record is to visit the courthouse in person, selected jurisdictions provide online options for remote searching - specifically if the record is not restricted or closed.
In order to access a record, the requesting party will be required to provide the necessary information required to facilitate a record search. This includes a case search number, the names of the parties involved, and the names of the litigants or the judge that declared the judgment.
What Happens if You Have a Judgment Against You in Minnesota?
When a judgment is declared in a Minnesota court, it is considered the court's final determination of right and wrong. Typically judgments include penalties or directives designed to alleviate the injustice done to the complainant and penalize the erring party. In civil cases, these penalties may include monetary compensation, but the penalties ascribed to an offender may also include probationary sentences and court-mandated exercises (like therapy).
When a court orders monetary compensation to be paid to an individual, the losing party is bound by law to fulfill this obligation. Refusal to meet the demands of the court may lead to a slew of other implications. For instance, when a debtor fails to pay their creditor, the creditor may opt to take the required legal steps to enforce the judgment. If the debtor has the means to pay but simply refuses, they may be held in contempt of the court. However, if the judgment debtor is unable to fulfill their obligation for lack of resources, and they have nothing of value to their name, they essentially become judgment proof.
While judgment-proof debtors are safe from enforced judgments, the court is at liberty to place an order from the individual. The debtor may fight the judgment, specifically if there is a window for an appeal.
How Do I Find Out If I Have Any Judgments Against Me Minnesota?
While it is very unlikely for an individual to be present at their trial, and be unaware of the judgment issued against them, default judgments may be issued without the creditor’s knowledge.
In order to find out if there are outstanding judgments against an individual in Minnesota, the requesting party must search through public court records information in the jurisdiction of interest. Most courts provide public access terminals with which individuals can check the courts databases. Alternatively, requesters can use the online search tools where the local court has online presence, or use third-party services available online for a small fee.
How Long Does A Judgment Stay On Your Record?
In Minnesota, judgments issued by a court are deemed part of the court records. Hence, judgment debts, and general court record information are available to the public, unless it is statute-barred or restricted by a court order. Essentially, a judgment will remain on an individual's record until they fulfill their court-mandated obligation, it is overturned or it is restricted by a court order. Under the U.S. Fair Credit Reporting Act (FCRA), monetary judgments or debts can remain on a debtor's credit report for at least 7 years or until the statute of limitation on the judgment is expired, depending on which takes longer.
How To Enforce A Judgment In Minnesota
Judgment creditors in Minnesota may opt to take legal measures to enforce a judgment if the debtor seems hesitant to fulfill their legal obligation.
A creditor can enforce a judgment through a variety of means including, filing a judgment lien, requesting a writ of execution, or obtaining an order of garnishment for their current or future earnings.
To enforce a judgment by filing a judgment lien in Minnesota, the creditor will be required to record an abstract of judgment in the jurisdiction where the debtor owns property. Minn. Stat. ch. § 548 allows for the judgment creditor to be entitled to a portion of the monetary value of the property owned by their debtor. Additionally, the U.S property Code allows the issuance of an abstract to judgment creditors if all other requirements are satisfied.
By enforcing a judgment by requesting a Writ of Execution, the debtor’s non-exempt property will be seized and sold, with or without their consent, and the proceeds used to cover the monetary compensation which the creditor is entitled to. Minn. Stat. ch. §550 outlines the state guidelines for going this route.
Minn. Stat. ch. § 571 governs garnishment proceedings in Minnesota. Per this law, third parties in possession of any valuable property of the debtor will be required to turn it over to the judgment creditor. This includes the contents of the debtor’s bank accounts or their wages to be paid by an employer.
How To Collect A Judgment In Minnesota
Even when a court issues a judgment in favor of an individual, the court cannot guarantee payment of the creditors entitlements. Hence, creditors are required to take specific legal steps to collect or enforce a judgment pursuant to the provisions of the state’s civil code.
Creditors may apply to a court in the jurisdiction of concern to request a means to access the debtors property or related valuables. Following the creditors application, the court may order the debtor to turn over their property, or any valuable in their possession, provided the property is not exempt.
Alternatively, the court may opt to appoint an individual to take possession of the property, sell it and provide the creditor with the proceeds to cover the amount owed. In cases where the debtor fails to hand over their property, the court may hold the creditor in contempt, and proceed to hold a court session to enforce the judgment.
What Happens if a Defendant Does Not Pay a Judgment in Minnesota
When a debtor fails to pay their judgment in Minnesota, they are bound to attract interest fees on the originally allocated amount. Ultimately, the defendant will pay a higher amount if they refuse to meet their monetary obligations. Additionally, unpaid judgments will impact the debtor's credit score, making the process of obtaining credit facilities difficult. Hence judgment debtors are advised to pay off their judgment debts within a reasonable time to prevent further difficulty. Some other consequences of failure to pay a judgment include property seizure, restricted bank accounts, and seizure of similar non-exempt property.
What Personal Property Can Be Seized in a Judgment in Minnesota?
Even though a judgment is considered binding, judgments are still subject to state law in matters of execution and enforcement. Hence, in Minnesota, the property of a debtor can only be seized if it is not protected by an exemption order.
Chapter 550 of the Minnesota state statutes contain the provisions for the execution of judgments within the state;s judicial district, as well as property that can be seized in judgment execution. Exemptions are contained in chapter 550.37 and per state statutes, typical household goods, personal effects and other assets up to a certain value are protected by the exempt order. Additionally, there is a limit to the amount of money that can be garnished from the wages of a minimum wage debtor.
Minnesota Judgment Interest Rate
The Federal Reserve System generates weekly publications which feature post-judgment interest rates from week to week across the U.S. Interested persons can get up-to-date information regarding judgment interest rates by viewing the website during the working days of the week.
Minnesota interest rates are calculated based on the weekly average 1-year constant maturity (nominal) Treasury yield. Hence, for selected periods the rate may be about 0.08%.
What is a Default Judgment?
In Minnesota, a default judgment refers to a judgment issued when one party in a civil case fails to respond to the case - typically the defendant. If a plaintiff files a suit and the defendant fails to respond to the petition, the judge considers the case thoroughly and rules in favor of the plaintiff. Usually, these proceedings attract additional court costs and, in most cases, judgment debts.
How to File a Motion To Set Aside Default Judgment in Minnesota
The Minnesota Rules of Civil Procedure outlines the procedure for filing a motion to set aside a default judgment. Within 30 days of the judgment being issued, interested and eligible persons may file a motion to set aside the judgment. If the motion is not filed within 30 days, the default judgment is deemed binding on the debtor.
Applicants are also allowed to request a new trial at most two years after the default judgment was issued. Applicants are required to schedule a motion hearing and serve a notice to the other party, a minimum of three days to the date of the hearing.
Interested and eligible persons are required to retrieve a form from the court clerk of the court where the judgment was issued.
How Long is a Judgment Good for in Minnesota
In Minnesota, a judgment is deemed payable for the period of 10 years after the judgment was issued. For this 10 year period, judgment liens are attached to a debtor's property and they are bound to affect the debts credit ability. Under the U.S rules of civil procedure, judgments must be executed within ten years of its declaration, otherwise it is considered dormant. However, it is possible to revive the judgment if the creditor applies to the court before the statute of limitations expires.
Minnesota Judgment Statute of Limitations Law
Pursuant to the Minnesota rules of civil procedure judgments have a validity period of 10 years, following which they are considered dormant. However, the creditor may opt to revive a judgment if the reason for non-payment is likely to be resolved in the near future. However, a judgment becomes statute-barred if it is not revived within the stipulated time period.