§ 571.471

Buysse v. Baumann-Furrie & Co. · 1989 1 citation

St. Paul F & M also argues that the court lacks personal jurisdiction over it because a garnishment summons was not served upon it. The judgment creditors initiated the garnishment proceedings by serving a garnishment summons and disclosure form pursuant to Minn. Stat. § 571.471 (1988) on the St. Paul Companies. Following the garnishee’s denial of liability, the judgment creditors, by leave of court, served a supplemental complaint making the St. Paul Companies a party to the action and setting forth the facts on which the judgment creditors claimed to charge the St. Paul Companies. Minn. Stat. § 571.51 (1988). When the St. Paul Companies averred in its answer that its “affiliated” company, St. Paul F & M, had issued the liability policy insuring Baumann-Fur-rie, the district court granted the judgment creditors’ motion for leave to amend their pleadings. Ruling that the requirements of Rule 15, Minn.R.Civ.P., had been met, 2 the court ordered substitution of St. Paul F & M as garnishee in place of the St. Paul Companies and ordered the judgment creditors to serve and file an amended supplemental summons and complaint which should relate back to the original date of the pleadings. While ordering substitution of St. Paul F & M as garnishee, however, the district court ordered neither amendment of the garnishee summons nor service on St. Paul F & M.