2006 Minnesota Code
Chapters 365 - 368 Towns
Chapter 365 Town General Law
Section 365.41 JUDGMENT AGAINST TOWN; PAYMENT; EXECUTION.

365.41 JUDGMENT AGAINST TOWN; PAYMENT; EXECUTION.
Subdivision 1. Paid by town treasurer. A judgment against a town, or a town officer in an
official capacity, must be paid by the town treasurer on demand if there is enough unappropriated
money on hand. The demand is made by giving the town treasurer a certified copy of the docket
of the judgment. An execution of the judgment must not be issued at this time.
Subd. 2. Unpaid if stayed, appealed. If the judgment is reversed or stayed the town
treasurer must not pay it.
Subd. 3. Personally liable. If a town has enough money but its treasurer does not pay the
judgment, the treasurer is liable for the amount of the judgment. The personal liability is removed
if the collection of the judgment is later stayed on appeal.
Subd. 4. Tax levy; execution, if not paid. If the town does not have enough money on hand
to pay the judgment, the town shall levy to pay it. The town treasurer then must pay the judgment
within 30 days after the county treasurer has to pay the levy money to the town treasurer. If the
payment is not made by then, execution on the judgment may be made. Only town property
is liable on the execution.
History: (1107) RL s 696; 1986 c 444; 1987 c 229 art 8 s 1