Writs of Attachment

"As a part of a civil action for the recovery of money and any action brought by the attorney general under the authority of section 8.31, subdivision 1, or any other law respecting unfair, discriminatory, or other unlawful practices in business, commerce, or trade, the claimant may have the property of the respondent attached as security for the satisfaction of any judgment that the claimant may recover. Minn. Stat. §570.01.

The grounds for attachment include:

(1) when the respondent has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the respondent's nonexempt property, with intent to delay or defraud the respondent's creditors;

(2) when the respondent has removed, or is about to remove, any of the respondent's nonexempt property from this state, with intent to delay or defraud the respondent's creditors;

(3) when the respondent has converted or is about to convert any of the respondent's nonexempt property into money or credits, for the purpose of placing the property beyond the reach of the respondent's creditors;

(4) when the respondent has committed an intentional fraud giving rise to the claim upon which the civil action is brought;

(5) when the respondent has committed any act or omission, for which the respondent has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or

(6) when the respondent has violated the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, including but not limited to any of the statutes specifically enumerated in section 8.31, subdivision 1. Minn. Stat. §570.02.

The manner and circumstances for attachment are provided for in Minn. Stat. §§570.01-570.14

Minn. Stat. §550.37 provides a list of property that is exempt from attachment, garnishment, or sale on any final process, issued from any court."

Minn. Stat. §570.025 prescribes the steps to be taken to obtain a preliminary attachment order in extraordinary circumstances. The claimant takes the following steps to secure property prior to the hearing specified in §570.026 Ð the claimant shall proceed by written application that must be accompanied by affidavits or oral testimony or both setting forth in detail: (1) the basis and amount of the claim in the civil action; (2) the facts which constitute the grounds for attachment as specified in subdivision 2; and (3) a good faith estimate, based upon facts known to the claimant, of any harm that would be suffered by the debtor(respondent) if a preliminary attachment order is entered. The conditions that must be met for a preliminary attachment order to be issued include that: 1. the claimant has made a good faith effort to inform the debtor of the application for a preliminary attachment order OR that informing the debtor would endanger the ability of the claimant to recover upon a judgment subsequently awarded; 2. claimant has demonstrated the probability of success on the merits; 3. the claimant has demonstrated the existence of one or more of the grounds specified in §570.02, subdivision 1 clause 1, 2, 3, or 6; and 4. due to extraordinary circumstances, the claimant's interests cannot be protected pending a hearing by an appropriate order of the court, other than by directing a prehearing seizure of property. Minn. Stat. §570.026 prescribes the steps to be taken for a claimant seeking attachment after notice and a hearing. A claimant shall proceed by motion which must be accompanied by an affidavit setting forth in detail: 1. the basis and amount of the claim in the civil action; and 2. the facts which constitute one or more of the grounds for attachment as specified in §570.02. The claimant's motion, affidavit(s), a notice of hearing and an exemption notice must be served on the respondent. Minn. Stat. §570.041 requires the claimant to issue a bond before the court issues any order of attachment; the bond posted must be at least $500.00.