Section 11-701 – DEFINITIONS.
11-701. DEFINITIONS. As used in this chapter: (1) "Continuing garnishment" means a garnishment of wages of the judgment debtor that continues, subject to the limitations found in section 11-705, Idaho Code, until the debt is satisfied. (2) "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings […]
Section 11-702 – TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK.
11-702. TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK. A garnishment execution may be made returnable at any time not less than ten (10) but not more than ninety (90) days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed. When the execution is returned, the clerk must […]
Section 11-703 – GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — FINANCIAL INSTITUTIONS.
11-703. GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — FINANCIAL INSTITUTIONS. (1)(a) Upon receiving written directions from the judgment creditor or his attorney that any person or corporation, public or private, has in his or its possession or control any credits or other personal property belonging to the judgment debtor, or owes any […]
Section 11-704 – EMPLOYER — CONTINUOUS GARNISHMENT.
11-704. EMPLOYER — CONTINUOUS GARNISHMENT. When the garnishee is the employer of the judgment debtor, the judgment creditor, upon application to the court, shall have issued by the clerk of court, a continuing garnishment directing the employer-garnishee to pay to the sheriff such future moneys coming due to the judgment debtor as may come due […]
Section 11-705 – SHERIFF’S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT.
11-705. SHERIFF’S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT. (1) In the case of continuing garnishments for wages, the sheriff shall file interim returns at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least one hundred dollars ($100), but in […]
Section 11-706 – DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR — DUTIES OF SHERIFF — SERVICE AND MAILING CRITERIA — TIME COMPUTATION.
11-706. DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR — DUTIES OF SHERIFF — SERVICE AND MAILING CRITERIA — TIME COMPUTATION. With respect to any garnishment or execution, the judgment creditor shall provide the sheriff with sufficient copies of the writ and other documents required to be served for service on the judgment debtor and each […]
Section 11-707 – FORMS FOR NOTICE OF EXEMPTIONS, INSTRUCTIONS TO DEBTORS AND THIRD PARTIES AND CLAIM OF EXEMPTION.
11-707. FORMS FOR NOTICE OF EXEMPTIONS, INSTRUCTIONS TO DEBTORS AND THIRD PARTIES AND CLAIM OF EXEMPTION. The forms used for notice of exemptions, instructions to debtors and third parties and claims of exemption shall be those prescribed by rules promulgated or orders issued by the supreme court and posted on the website of the supreme […]
Section 11-708 – INTERROGATORIES SUBMITTED TO GARNISHEE.
11-708. INTERROGATORIES SUBMITTED TO GARNISHEE. Written interrogatories shall be delivered to the garnishee at the time of serving notice of garnishment. The interrogatories shall be in a form prescribed by rules promulgated or orders issued by the supreme court. History: [11-708, added 2017, ch. 303, sec. 9, p. 806.]
Section 11-709 – SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF.
11-709. SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF. Within two (2) business days after service of the writ and other documents as provided in section 11-703, Idaho Code, or if service is upon a financial institution, within one (1) business day, the sheriff shall hand deliver or mail to the judgment debtor and […]
Section 11-710 – SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION.
11-710. SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION. (1) If the writ and notice of garnishment are served upon a financial institution holding money or accounts belonging to the judgment debtor, the garnishee shall, within three (3) business days after such service, mail or hand deliver a copy of all documents […]