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 […]
Section 11-729 – SHERIFF FEE FOR SERVICE.
11-729. SHERIFF FEE FOR SERVICE. (1) The board of county commissioners of each respective county shall have the power to set sheriff’s fees by resolution of the board for serving an initial order of garnishment and writ of execution. The board may also set an additional lesser fee for making an interim return on a […]
Section 11-714 – FINANCIAL INSTITUTION OBLIGATIONS WHEN SERVED WITH WRIT OF GARNISHMENT.
11-714. FINANCIAL INSTITUTION OBLIGATIONS WHEN SERVED WITH WRIT OF GARNISHMENT. (1) If a notice of garnishment is served upon a financial institution that has an account or accounts of the debtor, the financial institution shall conduct a garnishment review of all accounts in the name of the debtor before taking any action that may affect […]
Section 11-730 – APPEALS IN GARNISHMENT PROCEEDINGS.
11-730. APPEALS IN GARNISHMENT PROCEEDINGS. Appeals may be taken, heard and determined in cases arising under sections 11-708, 11-711, 11-716, 11-719 through 11-727, and 11-731, Idaho Code, in the same manner and with like effect as is now, or may hereafter be, provided by law for appeals in ordinary civil actions. History: [11-730, added 2017, […]
Section 11-715 – LIABILITY OF GARNISHEE.
11-715. LIABILITY OF GARNISHEE. All persons having in their possession or under their control, any credits or other personal property belonging to the judgment debtor, at the time of service upon them of a copy of the writ and notice, as provided in sections 11-711 and 11-712, Idaho Code, shall be, unless such property be […]