Contempt of Court Motions

        Minnesota Statutes, chapter 588, and rules 45.07 and 69 of the Minnesota Rules of Civil Procedure allow the district court to hold the debtor in contempt of court for failure to obey a subpoena or a court order in supplementary proceedings. Collection counsel will have to draft the following documents: notice of motion and motion, affidavit of non-appearance (executed by the court reporter or notary public) attesting to debtor’s failure to appear, memorandum of law, order to show cause why the debtor should not be held in contempt of court, and proposed order holding debtor in contempt of court (most judges prefer findings of fact, conclusions of law, and order of contempt and apprehension). Said documents must be served personally on the person failing to obey the prior subpoena or court order in supplementary proceedings. No substituted service of process thereof is allowed. Sanctions on debtor that the district court may impose include incarceration and/or fine.

Seminar Article By: John A. Halpern