Wage Garnishment – Bank Levy

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Have you had your wages garnished by Messerli & Kramer, P.A., Gurstel Chargo, P.A., or Como Law Firm, P.A.? If so, have you received a Minnesota Property Tax Refund, or a Renter’s Rebate? If you have received a Minnesota Property Tax Refund or a Renter’s Rebate and your wages are being garnished or your checking account has been levied against you may be able to recover all of the money that was taken from your paycheck, or all of the money that was taken from you bank account.
Judges have ruled that property tax refunds and renter’s rebates are relief received based upon need and are therefore exempt according to a recent series of rulings by the Minnesota Bankruptcy courts. In re Grace Montgomery Johnson, a judge ruled that a property tax refund and a renter’s rebate was relief received based upon need and was therefore, exempt under Minn. Stat. 550.37 Subdiv. 14.
What does that mean for you if you have received a property tax refund or a renter’s rebate and your wages are being garnished or you have had money taken from your bank account? Pursuant to Minnesota law, you are exempt from wage garnishment or a bank levy if you have received relief based upon need within six months of the wage garnishment or bank levy. So if you received a property tax refund or a renter’s rebate within six months of any garnishment or bank levy you may be able to recover all of the money garnished from your wages, or taken from your bank account within that six-month window.
Contact Blake Bauer (blake.bauer@outlook.com) or Marcus Hinnenthal (mhinnenthal@marsomichelson.com) for help.

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