Title 11, ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

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 suc…

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 f…

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 requir…

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 …

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.

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 han…

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…

11-711. claim of exemption by judgment debtor. The judgment debtor in the main action may file a claim of exemption setting forth any facts showing that the debt or the property with which it is sought to charge the garnishee is exempt from execution, or for any other reason is n…

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%)…

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 …

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…

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, Id…

11-716. NOTICE OF GARNISHMENT — DISCHARGE OF GARNISHEE. Any person who has been served with a copy of the writ and notice as provided in sections 8-506, 11-706, 11-707, 11-709, 11-710 and 11-715, Idaho Code, shall be deemed a garnishee, and service of copy of writ and the notice …

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 …

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 af…

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 judgmen…

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…

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 …

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, an…

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…

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 credito…

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 assign…

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 judgme…

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 c…

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 dedu…

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 fe…

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 fo…

11-731. APPLICATION OF PRECEDING SECTIONS. The provisions of sections 11-708, 11-711, 11-716, 11-719 through 11-727, and 11-730, Idaho Code, inclusive, shall apply to all courts of competent jurisdiction.