Section 11-721 – DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.
11-721. DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION. The judgment creditor may deny the answer of the garnishee in whole or in part without oath, and allege specially the grounds upon which a recovery is sought against the garnishee, to which the garnishee may reply either generally or specially, and the issue […]
Section 11-722 – JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.
11-722. JUDGMENT ON ANSWER — COSTS AND ALLOWANCES. If the answer of the garnishee be not excepted to, or denied within three (3) days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case […]
Section 11-723 – JUDGMENT AGAINST GARNISHEE.
11-723. JUDGMENT AGAINST GARNISHEE. If the garnishee admits in his answer that he is indebted to the judgment debtor, or has money or property of the judgment debtor in his hands, or under his control, and fails or refuses to turn the same over to the officer as in section 11-716, Idaho Code, provided, the […]
Section 11-724 – ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.
11-724. ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE. If the garnishee shall allege in his answer that he is indebted to the judgment debtor, but declare his belief under oath that the debt has been assigned to some other person, while naming such person, and the judgment creditor shall file a reply, denying the fact, […]
Section 11-725 – ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.
11-725. ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE. Upon the return day of the order of notice, or upon such other day to which the trial may be postponed, if the alleged assignee fails to appear, or appearing, fails to assert any claim as such assignee, the alleged assignment shall be disregarded, but […]
Section 11-726 – LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.
11-726. LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER. The garnishee shall not be held liable on any debt due upon negotiable paper unless such paper is delivered up to him, or he is fully exonerated or indemnified against any liability thereon after he may have satisfied the judgment. But if it shall be made to appear […]
Section 11-727 – LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.
11-727. LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES. No sheriff, constable, or other officer charged with the collection of money shall, prior to the return day of the execution upon which the same may be made, be liable to be summoned as a garnishee, nor shall any county collector or municipal corporation or any officer […]
Section 11-712 – RESTRICTION ON WAGE GARNISHMENT — MAXIMUM.
11-712. RESTRICTION ON WAGE GARNISHMENT — MAXIMUM. (1) Except as provided in subsection (2) of this section, the maximum amount of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment shall not exceed: (a) Twenty-five percent (25%) of his disposable earnings for that week; or (b) The amount by […]
Section 11-728 – FEE FOR EMPLOYER — GARNISHEE.
11-728. FEE FOR EMPLOYER — GARNISHEE. When the garnishee is the employer of the judgment debtor, the garnishee may deduct a onetime fee to cover the costs associated with administering the garnishment. The fee to be deducted shall not exceed ten dollars ($10.00) and shall be deducted from the employer’s first answer to the writ […]
Section 11-713 – DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT.
11-713. DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT. (1) Money, funds, benefits and personal property that are exempt from execution as provided in section 11-604(1), Idaho Code, including payable or paid for disability and illness, alimony, support and child support, as a result of bodily injury, wrongful death and the death of an insured […]