Legal Memorandum: Attachment Order Requirements in MN

Issue: What are the threshold requirements for approval of a plaintiff’s pre-judgment attachment in Minnesota?

Area of Law: Litigation & Procedure
Keywords: Threshold standards; Order for attachment
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 576.026, subd. 3; Minn. Stat. § 570.02
Date: 10/01/2013

Before a plaintiff may obtain an order for attachment, they must first establish two threshold standards.  “An order for attachment may be issued only if the claimant has demonstrated the probability of success on the merits, and the claimant has demonstrated facts that show the existence of at least one of the grounds stated in section 570.02.”  Minn. Stat. § 576.026, subd. 3.  If, and only if, plaintiffs establish these two standards, the court is compelled to examine additional considerations that may nonetheless militate against an order of attachment.  Id.


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