Section 11-717 – EXAMINATION OF GARNISHEE.
11-717. EXAMINATION OF GARNISHEE. Any person owing debts to the judgment debtor, or having in his possession or under his control, any credits or other personal property belonging to the judgment debtor, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on […]
Section 11-718 – DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.
11-718. DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT. (1) Debts, moneys and credits due or owing by the state of Idaho to any person whomsoever, except an elective official of the state of Idaho, shall be subject to execution and garnishment after final judgment against such person for the […]
Section 11-719 – ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.
11-719. ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE. Upon a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five (5) days thereafter. If he fails to do so, the judgment creditor may take judgment against him […]
Section 11-720 – EXCEPTION TO ANSWER — AMENDMENT.
11-720. EXCEPTION TO ANSWER — AMENDMENT. The judgment creditor may, within thirty (30) days of the answer of the garnishee, except to the answer of the garnishee for insufficiency, and if adjudged insufficient, the court may allow him to amend it in such time and on such terms as shall be just. History: [11-720, added […]
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 […]