Idaho Code § 11-720 — Idaho Code / Title 11 / Chapter 7 / Section 11-720
11-720 EXCEPTION TO ANSWER — AMENDMENT.
Status: in_force

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 2017, ch. 303, sec. 9, p. 811; am. 2021, ch. 186, sec. 4, p. 512.]
Idaho Code § 11-722 — Idaho Code / Title 11 / Chapter 7 / Section 11-722
11-722 JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.
Status: in_force

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 any indebtedness or liability is admitted, judgment shall be rendered accordingly, and the garnishee shall be allowed a reasonable sum out of the funds or property confessed in his hands for his trouble and expense in answering. If all liability is denied, and the denial is uncontroverted, the garnishee shall be discharged at the cost of the judgment creditor. In contested cases the costs shall be adjudged as in ordinary cases between judgment creditor and judgment debtor.

History:

[11-722, added 2017, ch. 303, sec. 9, p. 811.]
Idaho Code § 11-407 — Idaho Code / Title 11 / Chapter 4 / Section 11-407
11-407 RIGHT TO RENTS AND PROFITS AFTER SALE.
Status: in_force

11-407. Right to rents and profits after sale. The purchaser, from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding such redemption, the amount of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor, before the expiration of the time allowed for such redemption, demands in writing of such purchaser, or creditor, or his assigns, a written and verified statement of the amounts of such rents and profits thus received, the period for redemption is extended five (5) days after such sworn statement is given by such purchaser or his assigns, to such redemptioner or debtor. If such purchaser or his assigns shall, for a period of one (1) month from and after such demand, fail or refuse to give such statement, such redemptioner or debtor may, within sixty (60) days after such demand, bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of such rents and profits, and until fifteen (15) days from and after the final determination of such action the right of redemption is extended to such redemptioner or debtor.

History:

[(11-407) C.C.P. 1881, sec. 457; R.S., R.C., & C.L., sec. 4497; C.S., sec. 6938; am. 1921, ch. 169, sec. 1, p. 364; I.C.A., sec. 8-407.]
Idaho Code § 11-204 — Idaho Code / Title 11 / Chapter 2 / Section 11-204
11-204 EXEMPTION IN FAVOR OF MARRIED PERSON.
Status: in_force

11-204. Exemption in favor of married person. All real and personal property of any married person at the time of his or her marriage, or which he or she subsequently acquires as separate property, and all noncommunity rents, issues and profits thereof, are exempt from execution for any separate debts incurred by his or her spouse.

History:

[11-204, added 2011, ch. 86, sec. 2, p. 182.]
Idaho Code § 11-724 — Idaho Code / Title 11 / Chapter 7 / Section 11-724
11-724 ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.
Status: in_force

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, or the force and validity of the alleged assignment, the court shall thereupon make an order requiring the alleged assignee to appear, on a day to be therein named, and show cause why the alleged assignment should not be disregarded. Such order shall be served upon the supposed assignee, if within the jurisdiction of the court, at least fifteen (15) days before the return day thereof. But, if he cannot be found, or is out of the jurisdiction of the court, he may be brought in by publication as in other civil cases; provided, that the order shall be published instead of the summons, and that such publication need only be made for three (3) weeks successively, and that the last insertion thereof need not be more than fifteen (15) days before the return day thereof.

History:

[11-724, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-727 — Idaho Code / Title 11 / Chapter 7 / Section 11-727
11-727 LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.
Status: in_force

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 thereof, nor administrator or executor of any estate, prior to the allowance of a demand found to be due by his estate, or prior to an order of distribution or for the payment of debts and legacies, be liable in their official capacities as garnishee.

History:

[11-727, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-725 — Idaho Code / Title 11 / Chapter 7 / Section 11-725
11-725 ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.
Status: in_force

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 if he shall appear and set up a claim as assignee, the existence, force and validity of the alleged assignment shall be tried as similar issues between judgment creditor and judgment debtor, and such judgment shall be rendered as shall be conformable to the facts and the law.

History:

[11-725, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-705 — Idaho Code / Title 11 / Chapter 7 / Section 11-705
11-705 SHERIFF'S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT.
Status: in_force

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 any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed sixty (60) days.

(2) Where an execution or garnishment against earnings or unemployment benefits for a delinquent child support obligation is served upon any person or upon the state of Idaho and there is in possession of such person or the state of Idaho any such earnings or any unemployment benefits of the judgment debtor, the execution and the garnishment shall operate continuously and shall require such person or the state of Idaho to withhold the nonexempt portion of earnings or unemployment benefits at each succeeding earnings or unemployment benefits disbursement interval until released by the sheriff at the written request of the judgment creditor or until the judgment for child support debt, in the dollar amount specifically set forth on the writ of execution and subject to garnishment as of the date the writ of execution is issued, is discharged or satisfied in full; provided however, that interim returns on such continuous execution or garnishment shall be filed by the sheriff at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least equal to fifty dollars ($50.00), but in any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed thirty (30) days. The proportion of earnings subject to garnishment as compared to total available earnings or unemployment benefits shall be limited to the percentage restrictions on garnishment of wages for child support as provided in section 11-712, Idaho Code.

History:

[11-705, added 2017, ch. 303, sec. 9, p. 805.]
Idaho Code § 11-702 — Idaho Code / Title 11 / Chapter 7 / Section 11-702
11-702 TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK.
Status: in_force

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 attach it to the judgment roll and record the execution and the return thereto at large, and certify the same under his hand as true copies in a book to be called the "execution book," which book must be indexed with the names of the judgment creditors and judgment debtors in execution alphabetically arranged, and kept open at all times during office hours for the inspection of the public without charge. It is evidence of the contents of the originals whenever they, or any part thereof, may be destroyed, mutilated or lost.

History:

[11-702, added 2017, ch. 303, sec. 9, p. 804.]
Idaho Code § 11-307 — Idaho Code / Title 11 / Chapter 3 / Section 11-307
11-307 LIMITATION OF OFFICER'S LIABILITY.
Status: in_force

11-307. Limitation of officer's liability. The two (2) preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay.

History:

[(11-307) C.C.P. 1881, sec. 447; R.S., R.C., & C.L., sec. 4487; C.S., sec. 6927; I.C.A., sec. 8-307.]
Idaho Code § 11-604A — Idaho Code / Title 11 / Chapter 6 / Section 11-604A
11-604A PENSION MONEY EXEMPT.
Status: in_force

11-604A. Pension money exempt. (1) It is the policy of the state of Idaho to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Idaho under 11 U.S.C. section 522(b)(2), the exemptions in this section relating to retirement benefits are provided.

(2) Unless otherwise provided by federal law, any money received by any citizen of the state of Idaho as a pension from the government of the United States, whether the money be in the actual possession of a citizen or be deposited or loaned, shall be exempt from execution, attachment, garnishment, seizure, or other levy by or under any legal process whatever. When a debtor dies, or absconds, and leaves his family any money exempted by this subsection, the money shall be exempt to the family as provided in this subsection. This subsection shall not apply to any child support collection actions, if otherwise permitted by federal law.

(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Idaho under any employee benefit plan, and any fund created by the benefit plan or arrangement, shall be exempt from execution, attachment, garnishment, seizure, or other levy by or under any legal process whatever. This subsection shall not apply to any child support collection actions, if otherwise permitted by federal law. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in the plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for those orders under the plan, or, in the case of benefits payable under a plan described in sections 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support. This subsection shall not prohibit actions against an employee benefit plan or fund for valid obligations incurred by the plan or fund for the benefit of the plan or fund.

(4) For the purposes of this section, the term "employee benefit plan" means:

(a) Assets held, payments made, and amounts payable under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract, providing benefits by reason of age, illness, disability, or length of service;

(b) Any plan or arrangement, whether funded by a trust, an annuity contract, an insurance contract, or an individual account, that is described in sections 401(a), 403(a), 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before January 1, 1984. The term "employee benefit plan" also means any rights accruing on account of money paid currently or in advance pursuant to a college savings program described in chapter 54, title 33, Idaho Code.

(5) An employee benefit plan shall be deemed to be a spendthrift trust, regardless of the source of funds, the relationship between the beneficiary and the trustee or custodian of the plan, or the ability of the debtor to withdraw, borrow or otherwise become entitled to benefits from the plan before retirement. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in the plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for those orders under the plan, or, in the case of benefits payable under a plan described in sections 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides home maintenance or support.

(6) Unless contrary to applicable federal law, nothing contained in subsection (3), (4) or (5) of this section shall be construed as a termination or limitation of a spouse's community property interest in an individual retirement account held in the name of, or on account of, the other spouse, the "account holder spouse." At the death of the nonaccount holder spouse, the account holder spouse may transfer or distribute the community property interest of the nonaccount holder spouse in the account holder spouse's individual retirement account to the nonaccount holder spouse's estate, testamentary trust, inter vivos trust, or other successor or successors pursuant to the last will of the nonaccount holder spouse, or the law of intestate succession if applicable, and that distributee may, but shall not be required to, obtain an order from a court of competent jurisdiction, including a nonjudicial dispute resolution agreement, or other order, entered to confirm the distribution. For purposes of subsection (3) of this section, the distributee of the nonaccount holder spouse's community property interest in an individual retirement account shall be considered a person entitled to the full protection of subsection (3) of this section. The nonaccount holder spouse's consent to a beneficiary designation by the account holder spouse with respect to an individual retirement account shall not, absent clear and convincing evidence to the contrary, be deemed a release, gift, relinquishment, termination, limitation or transfer of the nonaccount holder spouse's community property interest in an individual retirement account. For purposes of this subsection, the term "nonaccount holder spouse" means the spouse of the person in whose name the individual retirement account is maintained. The term "individual retirement account" includes an individual retirement account and an individual retirement annuity both as described in section 408 of the Internal Revenue Code of 1986, as amended, a Roth individual retirement account as described in section 408A of the Internal Revenue Code of 1986, as amended, and an individual retirement bond as described in section 409 of the Internal Revenue Code as in effect before January 1, 1984.

History:

[11-604A, added 1996, ch. 309, sec. 2, p. 1015; am. 1999, ch. 305, sec. 1, p. 762; am. 2001, ch. 288, sec. 1, p. 1024; am. 2004, ch. 167, sec. 1, p. 544.]
Idaho Code § 11-101 — Idaho Code / Title 11 / Chapter 1 / Section 11-101
11-101 TIME WITHIN WHICH EXECUTION MAY ISSUE — STAY PENDING DISPOSITION OF MOTIONS.
Status: in_force

11-101. Time within which execution may issue — Stay pending disposition of motions. Except as provided in section 5-245, Idaho Code, for execution on judgments for support of a child and for execution on judgments for restitution to victims of crime, the party in whose favor judgment is given may, at any time within ten (10) years after the entry or order of renewal thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court. The party in whose favor a judgment for restitution to a victim of crime has been entered pursuant to section 19-5305, Idaho Code, may, at any time within twenty (20) years after the entry thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court.

History:

[(11-101) C.C.P. 1881, sec. 430; R.S., R.C., & C.L., sec. 4470; C.S., sec. 6910; I.C.A., sec. 8-101; am. 1941, ch. 24, sec. 1, p. 48; am. 1995, ch. 264, sec. 4, p. 847; am. 2010, ch. 34, sec. 1, p. 65; am. 2015, ch. 139, sec. 2, p. 343; am. 2015, ch. 278, sec. 1, p. 1137; am. 2019, ch. 175, sec. 1, p. 567.]
Idaho Code § 11-402 — Idaho Code / Title 11 / Chapter 4 / Section 11-402
11-402 REDEMPTION — HOW MADE.
Status: in_force

11-402. Redemption — How made. The judgment debtor or redemptioner may redeem the property from the purchaser within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, on paying the purchaser the amount of his purchase with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, from the date of sale to the date of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the commencement of the action and which are not included in the judgment, and interest at the rate allowed in section 28-22-104(1), Idaho Code, on such amount; and, if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest at the rate allowed in section 28-22-104(1), Idaho Code; provided, in mortgage foreclosure proceedings, the amount necessary to redeem the property sold under execution shall not include any sum for attorney's fees greater than the fee actually paid by the judgment creditor or which the judgment creditor has by written instrument become unconditionally obligated to pay to his attorney for prosecuting his claim to judgment; and provided, further, the amount of such fee shall be proven by affidavits of the attorney who has received and the person who has paid the fee or by other competent evidence to be presented to the sheriff for his guidance in carrying out the provisions of law relating to redemption; and, provided further, that such redemptioner shall not be required to pay any attorney's fees unless such fees shall have been paid within six (6) months after the sheriff's certificate of sale shall have issued, or within such time the judgment creditor has become unconditionally obligated by written instrument to pay such fees.

History:

[(11-402) C.C.P. 1881, sec. 452; R.S., sec. 4492; am. 1895, p. 34, sec. 1; reen. 1899, p. 241, sec. 1; reen. R.C. & C.L., sec. 4492; C.S., sec. 6933; I.C.A., sec. 8-402; am. 1937, ch. 64, sec. 3, p. 85; am. 1967, ch. 293, sec. 1, p. 825; am. 1970, ch. 100, sec. 1, p. 250; am. 1982, ch. 322, sec. 1, p. 795.]
Idaho Code § 11-726 — Idaho Code / Title 11 / Chapter 7 / Section 11-726
11-726 LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.
Status: in_force

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 to the satisfaction of the court in which the proceedings are pending, that the paper is in the possession or control of the judgment debtor, he may be compelled to produce it by attachment.

History:

[11-726, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-201 — Idaho Code / Title 11 / Chapter 2 / Section 11-201
11-201 PROPERTY LIABLE TO SEIZURE.
Status: in_force

11-201. Property liable to seizure. All goods, chattels, moneys and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law or by court order, and all property and rights of property, seized and held under attachment in the action, are liable to execution. Shares and interest in any corporation or company, and debts and credits, and all other property both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be attached on execution in like manner as upon writs of attachment. Gold dust must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.

History:

[(11-201) C.C.P. 1881, sec. 437; R.S., R.C., & C.L., sec. 4477; C.S., sec. 6917; I.C.A., sec. 8-201; am. 2017, ch. 303, sec. 4, p. 800.]
Idaho Code § 11-203 — Idaho Code / Title 11 / Chapter 2 / Section 11-203
11-203 CLAIM OF EXEMPTION BY DEFENDANT OR THIRD PARTY CLAIM — MOTION TO CONTEST CLAIM AND HEARING — HOLDING AND RELEASE OF PROPERTY BY SHERIFF.
Status: in_force

11-203. Claim of exemption by defendant or third party claim — Motion to contest claim and hearing — Holding and release of property by sheriff. The following procedures shall apply to a claim by the defendant or the defendant's representative that property levied upon is exempt and to any claim by a third party that property levied upon is his property or that he has a security interest therein. The defendant or the defendant's representative shall complete the claim of exemption form as provided in section 11-707, Idaho Code. A third party claimant shall prepare a written claim setting forth the grounds upon which he claims the property, and in the case of a secured party, also stating the dollar amount of the claim. Except as provided in subsection (h) of this section, a claim of exemption or third party claim may be filed only if property has been levied upon.

(a) The claim of exemption or third party claim shall be delivered or mailed to the sheriff within fourteen (14) days after the date the sheriff hand delivers or mails the documents required to be served upon the defendant and third parties under section 11-709, Idaho Code. If the claim is mailed, it must be received by the sheriff within the fourteen (14) day period. In computing the fourteen (14) day period, intervening weekends and legal holidays shall be counted, but if the last day of the period falls on a weekend or legal holiday, the period shall be deemed to run until the close of business of the first business day following the weekend or holiday.

Within one (1) business day after receiving a claim, the sheriff shall deliver or mail a copy thereof to the plaintiff or other person in whose favor the writ of execution runs. The sheriff may provide notification of the claim by telephone but must also mail a copy of the claim within one (1) business day as herein provided.

(b) The plaintiff or other person in whose favor the writ of execution runs shall have five (5) business days after the date a copy of the claim is delivered or mailed to him by the sheriff within which to file a motion with the court stating the grounds upon which he contests the claim of exemption or third party claim. When the motion is filed, the plaintiff shall lodge with the court a copy of the claim to which the motion pertains. Hearing on the motion shall be set for a date within not less than five (5) nor more than twelve (12) days after the filing date of the motion and may be continued only at the request of the defendant. A copy of the motion and notice of hearing shall be delivered or mailed to the defendant or third party claimant on the date the motion is filed. The prevailing party at the hearing may be awarded costs pursuant to the Idaho rules of civil procedure.

Within the period for filing a motion to contest, the moving party shall notify the sheriff that the motion has been filed. Such notification may be by telephone but a copy of the motion and notice of hearing shall also be mailed or hand delivered to the sheriff within the filing period herein prescribed.

(c) The sheriff shall not deliver to the plaintiff or sell the property levied upon, except if perishable as provided by law, until the period for filing a claim has elapsed. The sheriff shall refuse to accept or honor a claim not filed with him within that period and unless otherwise ordered by the court, shall, after such period has elapsed, proceed to sell or deliver the property levied upon to the plaintiff or other person in whose favor the execution runs. If, after notice from the sheriff of the filing of a claim, the plaintiff or other person in whose favor the execution runs, notifies the sheriff that the claim will be uncontested or fails to notify the sheriff within the time provided in subsection (b) of this section that the claim is being contested, the sheriff shall release the claimed property to the defendant or his agent.

(d) If a plaintiff or other person in whose favor the execution runs has failed to contest a claim of exemption within the time allowed by this section or if property has been determined by a court to be exempt, and the plaintiff or other person in whose favor the execution runs thereafter levies upon or otherwise seeks to apply the property toward the satisfaction of the same money judgment, the plaintiff or other person in whose favor the execution runs is not entitled to recover the subsequent costs of collection unless the property is applied to satisfaction of the judgment.

(e) If a security agreement to the third party claimant is in default, rendering said claimant the legal right to possession, the claimant may file with the sheriff an affidavit of release to the claimant executed by the defendant-debtor, or his agent; or, in lieu of said affidavit of release, the third party claimant may file an affidavit setting forth the defendant-debtor's default and claiming possession under default and a hold harmless agreement in favor of the sheriff, supported by an undertaking qualifying in the state of Idaho, indemnifying the sheriff and said defendant-debtor in double the actual value of the property as stated in said third party claim. Upon receipt of either of the foregoing, the sheriff shall release said property to the third party claimant, taking receipt therefor; these proceedings to be reported to the court by sheriff's return in the action.

(f) Nothing in this section shall be construed to prevent the defendant from pursuing his common law remedies.

(g) Personal service shall be accomplished in the same manner provided for service of summons under the Idaho rules of civil procedure. Mailing shall be by first class mail. The date when an item is deposited in the United States mails shall constitute the date of mailing. In computing any period of time prescribed in this section, the day of the act or event after which the designated period of time begins to run is not to be included.

(h) At any time after the entry of a judgment that may be enforced by writ of execution as provided in section 11-104, Idaho Code, the judgment debtor, or any third party who claims a security interest or other interest in the property of the judgment debtor, may move the court for an order of exemption identifying the property for which the exemption is claimed and setting forth the grounds, arising under this title or common law, upon which he claims an exemption or, in the case of a third party, an interest in the property, and in the case of a secured party, also stating the dollar amount of such secured party's claim.

History:

[11-203, added 1991, ch. 165, sec. 10, p. 403; am. 2017, ch. 303, sec. 6, p. 801.]
Idaho Code § 11-712 — Idaho Code / Title 11 / Chapter 7 / Section 11-712
11-712 RESTRICTION ON WAGE GARNISHMENT — MAXIMUM.
Status: in_force

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 which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever is less.

In the case of earnings for any pay period other than a week, the Idaho commissioner of labor shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (b) of this subsection.

(2)(a) The restrictions of subsection (1) of this section shall not apply in the case of any order of any court for the support of any person, any order of any court of bankruptcy under chapter XIII of the bankruptcy act, or any debt due for any state or federal tax.

(b) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed:

(i) Where such individual is supporting his spouse or dependent child, other than a spouse or child with respect to whose support such order is used, fifty percent (50%) of such individual's disposable earnings for that week; and

(ii) Where such individual is not supporting such a spouse or dependent child described in subparagraph (i) of this paragraph, sixty percent (60%) of such individual's disposable earnings for that week; except that with respect to the disposable earnings of any individual for any workweek, the fifty percent (50%) specified in subparagraph (i) of this paragraph shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in this subparagraph shall be deemed to be sixty-five percent (65%), if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve (12) week period which ends with the beginning of such workweek.

History:

[11-712, added 2017, ch. 303, sec. 9, p. 808.]
Idaho Code § 11-304 — Idaho Code / Title 11 / Chapter 3 / Section 11-304
11-304 CONDUCT OF SALE.
Status: in_force

11-304. Conduct of sale. All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase, at such sale. When the sale is of personal property, capable of manual delivery, it must be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately, or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions.

History:

[(11-304) C.C.P. 1881, sec. 444; R.S., R.C., & C.L., sec. 4484; C.S., sec. 6924; I.C.A., sec. 8-304; am. 2018, ch. 121, sec. 1, p. 258.]
Idaho Code § 11-703 — Idaho Code / Title 11 / Chapter 7 / Section 11-703
11-703 GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — FINANCIAL INSTITUTIONS.
Status: in_force

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 debt to the judgment debtor, the sheriff shall serve upon any such person or corporation identified in the judgment creditor's written directions all of the following documents:

(i) A copy of the writ;

(ii) A notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ;

(iii) A notice of exemptions available under federal and state law;

(iv) Instructions to debtors and third parties for asserting a claim of exemption;

(v) A form for making a claim of exemption; and

(vi) If the garnishee is a financial institution, a search fee of seven dollars ($7.00) and the last known mailing address of the judgment debtor and, if known, a tax identification number that will enable the garnishee to identify the judgment debtor on its records.

(b) The documents specified in paragraph (a)(iii) through paragraph (a)(v) of this subsection shall be in a form as provided in section 11-707, Idaho Code.

(2) In case of service upon a corporation, including but not limited to any financial institution, the same may be had by delivering a copy of the papers to be served, if upon a private corporation, to any officer, manager or designated agent thereof and, if upon a public or municipal corporation, to the mayor, president of the council or board of trustees, or any presiding officer, or to the secretary or clerk thereof.

(3) In the event a financial institution operates more than one (1) office where deposits are received within the state of Idaho, the banking or trust corporation may, by notifying the Idaho department of finance, designate a particular office for the service of attachment, execution and garnishment papers. Such office may be located either within or outside the state of Idaho. The Idaho department of finance shall post the list of such designated offices on its web page for access by the public.

(4) If a financial institution operating more than one (1) office where deposits are received has designated a particular office for the attachment, execution, or garnishment, then service of such papers made on the office so designated shall be valid and effective as to moneys to the judgment debtor's credit held in the possession or control of any of the financial institution's branches or offices located within or outside the state of Idaho.

(5) If service of the attachment, execution or garnishment papers is not made on the designated office of the financial institution, but instead is made on another office of the financial institution located in the state of Idaho, then service of such papers shall be valid and effective as to moneys to the judgment debtor's credit in that particular office and as to other personal property belonging to the judgment debtor held in the possession or control of that particular office, but shall only become valid and effective as to moneys to the judgment debtor's credit held in the possession or control of any of the financial institution's other offices upon receipt of the attachment, execution or garnishment papers by the designated office. Such financial institution may, but is under no obligation to, transmit the original or a copy of the papers from the particular office served to the designated office.

(6) Service on any financial institution is effective as against the moneys and other personal property to the judgment debtor's credit which are in the possession or control of the financial institution named in the garnishment, but not any affiliate, parent or subsidiary not named. If the garnishment fails to sufficiently distinguish the financial institution from any affiliate, parent or subsidiary thereof, such that it is not clear which entity is intended to be the garnishee, the garnishment may be returned unsatisfied.

(7) The provisions of this section and sections 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to any levy by execution pursuant to chapter 5, title 8, Idaho Code.

History:

[11-703, added 2017, ch. 303, sec. 9, p. 804; am. 2021, ch. 186, sec. 1, p. 509.]
Idaho Code § 11-711 — Idaho Code / Title 11 / Chapter 7 / Section 11-711
11-711 CLAIM OF EXEMPTION BY JUDGMENT DEBTOR.
Status: in_force

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 not liable for the judgment creditor's claim, and if issue thereon be joined by the judgment creditor it shall be tried with the issues as to the garnishee's liability, and if the property or debt, or any part thereof, is found to be thus exempt or not liable, judgment shall be rendered accordingly.

History:

[11-711, added 2017, ch. 303, sec. 9, p. 807.]
Idaho Code § 11-313 — Idaho Code / Title 11 / Chapter 3 / Section 11-313
11-313 CONTRIBUTION BETWEEN JOINT DEBTORS.
Status: in_force

11-313. Contribution between joint debtors. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such case the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment, if, within ten (10) days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice the clerk must make an entry thereof in the margin of the docket.

History:

[(11-313) C.C.P. 1881, sec. 459; R.S., R.C., & C.L., sec. 4499; C.S., sec. 6940; I.C.A., sec. 8-313.]
Idaho Code § 11-719 — Idaho Code / Title 11 / Chapter 7 / Section 11-719
11-719 ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.
Status: in_force

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 by default, or the court may, upon motion, compel him to answer by attachment. But no final judgment shall be rendered against the garnishee until there shall be a final judgment against the judgment debtor; nor shall judgment be rendered for a greater amount than the debt claimed by the judgment creditor with interest and costs, nor for a greater amount than the garnishee shall appear to be liable for to the judgment debtor; nor shall execution issue against a garnishee until the maturity of his debt to the judgment debtor.

History:

[11-719, added 2017, ch. 303, sec. 9, p. 811.]
Idaho Code § 11-716 — Idaho Code / Title 11 / Chapter 7 / Section 11-716
11-716 NOTICE OF GARNISHMENT — DISCHARGE OF GARNISHEE.
Status: in_force

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 therein provided for, shall, for the purpose of sections 11-708, 11-711, 11-716, 11-719 through 11-727, 11-730 and 11-731, Idaho Code, be deemed to be notice of garnishment, and whenever any person shall have been served with notice of garnishment as herein defined, he may discharge himself by paying or delivering to the officer all debts owing by him to the judgment debtor, or a portion thereof sufficient to discharge the claim of the judgment creditor, or any or all money of the judgment debtor in his hands to a similar amount, taking a receipt therefor from the officer, that shall discharge such person from any and all liability to the extent of such payment, and that shall be held by the officer subject to the orders of the court out of which the writ issued.

History:

[11-716, added 2017, ch. 303, sec. 9, p. 810.]
Idaho Code § 11-508 — Idaho Code / Title 11 / Chapter 5 / Section 11-508
11-508 DISOBEDIENCE OF ORDERS A CONTEMPT.
Status: in_force

11-508. Disobedience of orders a contempt. If any person, party or witness disobey an order of the referee properly made in the proceedings before him under this chapter, he may be punished by the court or judge ordering the reference, for a contempt.

History:

[(11-508) C.C.P. 1881, sec. 467; R.S., R.C., & C.L., sec. 4511; C.S., sec. 6948; I.C.A., sec. 8-508.]
Idaho Code § 11-403 — Idaho Code / Title 11 / Chapter 4 / Section 11-403
11-403 SUBSEQUENT REDEMPTIONS.
Status: in_force

11-403. Subsequent redemptions. If property be so redeemed by a redemptioner, another redemptioner may, within sixty (60) days after the last redemption and within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, again redeem it from the last redemptioner on paying the sum paid on such last redemption with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, in addition from the date of the last redemption and the amount of any assessment or taxes which the last redemptioner may have paid thereon, after the redemption by him with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code; but the judgment under which the property was sold need not be so paid as a lien.

The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner, within sixty (60) days after the last redemption and within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land twenty (20) acres or less, on paying the sum paid on the last previous redemption with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, in addition, and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code.

Written notice of redemption must be given to the sheriff and a duplicate filed for record with the recorder of the county; and, if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder, and if such notice be not filed, the property may be redeemed without paying such tax, assessment or lien.

If no redemption be made within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, the purchaser or his assignee is entitled to a conveyance, or, if so redeemed, whenever sixty (60) days have elapsed and no other redemption has been made, and notice thereon given, the time for redemption by a redemptioner has expired, and the last redemptioner or his assignee is entitled to a sheriff's deed at the expiration of one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less; but in all cases the judgment debtor shall have the entire period of one (1) year from the date of the sale to redeem the property if the real property sold consisted of a tract of land of more than twenty (20) acres and shall have the entire period of six (6) months from the date of sale to redeem the property if the real property sold consisted of a tract of land of twenty (20) acres or less.

If the judgment debtor redeem he must make the same payments as are required to effect a redemption by a redemptioner.

If a debtor redeem, the effect of the sale is terminated and he is restored to his estate.

Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged and proved before an officer authorized to take acknowledgments of conveyances of real property.

Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of sale.

History:

[(11-403) C.C.P. 1881, sec. 453; R.S., sec. 4493; am. 1895, p. 34, sec. 1; reen. 1889, p. 241, sec. 1; reen. R.C. & C.L., sec. 4493; C.S., sec. 6934; I.C.A., sec. 8-403; am. 1935, ch. 7, sec. 2, p. 19; am. 1967, ch. 293, sec. 2, p. 825; am. 1967 (1st E.S.), ch. 2, sec. 1, p. 9; am. 1970, ch. 100, sec. 2, p. 250; am. 1982, ch. 322, sec. 2, p. 796.]
Idaho Code § 11-701 — Idaho Code / Title 11 / Chapter 7 / Section 11-701
11-701 DEFINITIONS.
Status: in_force

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 of any amounts required by law to be withheld. This does not include amounts due to or received by a taxpayer in the form of an Idaho income tax refund.

(3) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program.

(4) "Financial institution" means any state bank, national bank, trust company, savings and loan association, savings bank, federal savings and loan association, federal savings bank or credit union, as those terms are defined in title 26, Idaho Code, or any federal credit union organized under the federal credit union act, 12 U.S.C. 1751, et seq., or a state credit union organized under the Idaho credit union act in chapter 21, title 26, Idaho Code. The term also includes any other institution that holds and receives deposits, savings or share accounts; issues certificates of deposit; or provides to its customers any deposit accounts that are subject to withdrawal by check, instrument, order or electronic means to effect third-party payments.

(5) "Garnishee" means a person or institution that is indebted to or is in possession of property, money or credits of a debtor whose property has been subjected to garnishment.

(6) "Garnishment" means a judicial proceeding in which a creditor or potential creditor asks the court to order a third party who is indebted to, or is in possession of, property, money or credits of the debtor to turn over to the creditor any of the debtor's property, money or credits held by that third party.

(7) "Wage garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

History:

[11-701, added 2017, ch. 303, sec. 9, p. 803.]
Idaho Code § 11-404 — Idaho Code / Title 11 / Chapter 4 / Section 11-404
11-404 PAYMENT OF REDEMPTION MONEY.
Status: in_force

11-404. Payment of redemption money. The payments mentioned in the last two (2) sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale, or to his successor in office. When the judgment under which the sale has been made is payable in a specified kind of money or currency, payments must be made in the same kind of money or currency, and a tender of the money is equivalent to payment.

History:

[(11-404) C.C.P. 1881, sec. 454; R.S. & R.C., sec. 4494; am. 1911, ch. 88, sec. 1, p. 334; reen. C.L., sec. 4494; C.S., sec. 6935; I.C.A., sec. 8-404.]
Idaho Code § 11-501 — Idaho Code / Title 11 / Chapter 5 / Section 11-501
11-501 ORDER FOR EXAMINATION OF DEFENDANT.
Status: in_force

11-501. Order for examination of defendant. When an execution against property of the judgment debtor or of any of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he do not reside in this state, to the sheriff of the county where the judgment roll is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the judge of the court requiring such judgment debtor to appear and answer upon oath concerning his property, before such judge, or a referee appointed by him, at a time and place specified in the order; but no judgment debtor must be required to attend before a judge or referee out of the county in which he resides.

History:

[(11-501) C.C.P. 1881, sec. 460; R.S., R.C., & C.L., sec. 4504; C.S., sec. 6941; I.C.A., sec. 8-501.]
Idaho Code § 11-105 — Idaho Code / Title 11 / Chapter 1 / Section 11-105
11-105 EXECUTION AFTER TEN YEARS.
Status: in_force

11-105. Execution after ten years. In all cases other than for the recovery of money the judgment may be enforced or carried into execution after the lapse of ten (10) years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings.

History:

[(11-105) C.C.P. 1881, sec. 434; R.S., R.C., & C.L., sec. 4474; C.S., sec. 6914; I.C.A., sec. 8-105; am. 2015, ch. 278, sec. 2, p. 1137.]
Idaho Code § 11-605 — Idaho Code / Title 11 / Chapter 6 / Section 11-605
11-605 EXEMPTIONS OF PERSONAL PROPERTY AND DISPOSABLE EARNINGS SUBJECT TO VALUE LIMITATIONS.
Status: in_force

11-605. Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitations. (1) An individual is entitled to exemption of the following property to the extent of a value not exceeding one thousand dollars ($1,000) on any one (1) item of property and not to exceed a total value of seven thousand five hundred dollars ($7,500) for all items exempted under this subsection:

(a) Household furnishings, household goods, and appliances held primarily for the personal, family, or household use of the individual or a dependent of the individual;

(b) If reasonably held for the personal use of the individual or a dependent, wearing apparel, animals, books, and musical instruments; and

(c) Family portraits and heirlooms of particular sentimental value to the individual.

(2) An individual is entitled to exemption of jewelry, not exceeding one thousand dollars ($1,000) in aggregate value, if held for the personal use of the individual.

(3) An individual is entitled to exemption, not exceeding ten thousand dollars ($10,000) in aggregate value, of implements, professional books, business equipment and tools of the trade; and to an exemption of one (1) motor vehicle to the extent of a value not exceeding ten thousand dollars ($10,000).

(4) An individual is entitled to an exemption of provisions of food or water, together with storage containers and shelving, sufficient for twelve (12) months for use of the individual or a dependent or dependents of the individual.

(5) All courthouses, jails, public offices and buildings, schoolhouses, lots, grounds and personal property appertaining thereto, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, or for the use of schools, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state. No article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price or upon a mortgage thereon.

(6) An individual is entitled to an exemption of all arms, uniforms and accoutrements required for the use of an individual as a peace officer, a member of the national guard or military service.

(7) An individual is entitled to an exemption of a water right not to exceed one hundred sixty (160) inches of water used for the irrigation of lands actually cultivated by the individual, and the crop or crops growing or grown on fifty (50) acres of land, leased, owned or possessed by an individual cultivating the same, provided, that the amount of the crops so exempted shall not exceed the value of five thousand dollars ($5,000).

(8) An individual is entitled to exemption of one (1) firearm valued at one thousand five hundred dollars ($1,500), or less.

(9) An individual is entitled to an exemption of any life insurance contract owned by an individual, other than a credit life insurance contract, including, but not limited to, any accrued dividend or interest under, loan value of, or cash surrender value of, such life insurance contract owned by the individual, excluding accrued dividends, interest, loan value, and/or cash surrender value resulting from premiums paid into the life insurance contract within six (6) months prior to the filing of a bankruptcy petition, as defined in 11 U.S.C. 101, or the date of attachment or levy on execution, as defined in section 11-201, Idaho Code, whichever is applicable.

(10) An individual is entitled to an exemption of the individual's aggregate interest in any tangible personal property, not to exceed the value of one thousand five hundred dollars ($1,500).

(11) An individual is entitled to an exemption for his disposable earnings as defined in subsection 2. of section 11-206, Idaho Code, wages, salaries, and compensation for personal services rendered, to the extent such earnings, wages, salaries, and compensation have been earned but have not been paid to the individual, not to exceed two thousand five hundred dollars ($2,500) in a calendar year. This exemption shall not affect the application or operation of the garnishment restrictions set forth in section 11-207, Idaho Code.

History:

[11-605, added 1978, ch. 348, sec. 1, p. 910; am. 1983, ch. 16, sec. 1, p. 50; am. 1985, ch. 175, sec. 1, p. 457; am. 1990, ch. 275, sec. 1, p. 776; am. 1999, ch. 307, sec. 1, p. 764; am. 2000, ch. 231, sec. 2, p. 649; am. 2008, ch. 57, sec. 1, p. 147; am. 2010, ch. 223, sec. 1, p. 498; am. 2015, ch. 112, sec. 1, p. 279; am. 2020, ch. 232, sec. 1, p. 684.]
Idaho Code § 11-708 — Idaho Code / Title 11 / Chapter 7 / Section 11-708
11-708 INTERROGATORIES SUBMITTED TO GARNISHEE.
Status: in_force

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.]
Idaho Code § 11-714 — Idaho Code / Title 11 / Chapter 7 / Section 11-714
11-714 FINANCIAL INSTITUTION OBLIGATIONS WHEN SERVED WITH WRIT OF GARNISHMENT.
Status: in_force

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 funds in those accounts.

(2) The garnishment review shall be limited to the two (2) month period immediately preceding the date of service upon the financial institution of the garnishment. Solely for purposes of the garnishment review, any balance in the accounts on the corresponding date of the month two (2) months earlier, or on the last date of the month two (2) months earlier if the corresponding date does not exist, shall be deemed to be exempt. If the financial institution determines, solely from information transmitted to the financial institution by the payor, that one (1) or more payments of exempt funds as described in section 11-713(1), (2) or (3), Idaho Code, were deposited by direct or electronic deposit payment in an account of the debtor, the total balance of deposited exempt funds in the debtor account is not subject to garnishment.

(3) The financial institution conducting the garnishment review need only review information transmitted to the financial institution by the payor of direct or electronic deposit payments in making its determination that funds in the accounts are of the types of payments described in section 11-713(1), (2) or (3), Idaho Code. The financial institution conducting the garnishment review shall have no obligation to inquire into the source of funds or examine any deposit item made by any means other than direct or electronic deposit, even if such review would disclose that the funds so deposited may be exempt from garnishment as described in section 11-713(1), (2) or (3), Idaho Code.

(4) If a notice of right to garnish federal benefits from the United States government or from a state child support enforcement agency is attached to or included in the garnishment as provided in 31 CFR 212, the financial institution shall not conduct a garnishment account review under this section and shall proceed on the garnishment.

(5) A financial institution conducting a garnishment review as required by this section is immune from civil liability to the garnishor, debtor or account owner from any act or omission with respect to the garnishment review, including without limitation any incorrect determination made after applying good faith methods for determining whether funds in an account are exempt. If a court determines that a financial institution erred in its identification of funds in an account as exempt or nonexempt, the sole remedy in exemption proceedings shall be issuance of an order of the court that the financial institution must adjust its actions with respect to a writ of execution as soon as possible. A financial institution is not liable to an account holder or garnishor and may not be assessed any penalty by reason of any action or inaction in good faith including:

(a) Failure to deliver any funds;

(b) Failure to refuse to deliver any funds;

(c) Failure to provide the required notices to an account holder;

(d) Customary clearing and settlement adjustments made to a debtor's account that affect the balance in the debtor's account; and

(e) Any bona fide errors that occur despite reasonable procedures implemented by the financial institution to prevent those errors.

History:

[11-714, added 2017, ch. 303, sec. 9, p. 809; am. 2021, ch. 186, sec. 3, p. 511.]
Idaho Code § 11-312 — Idaho Code / Title 11 / Chapter 3 / Section 11-312
11-312 FAILURE OF TITLE — REVIVAL OF JUDGMENT.
Status: in_force

11-312. Failure of title — Revival of judgment. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at sheriff's sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof, must, after notice and on motion of such party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an original judgment of the date of the revival, and no more.

History:

[(11-312) C.C.P. 1881, sec. 458; R.S., R.C., & C.L., sec. 4498; C.S., sec. 6939; I.C.A., sec. 8-312.]
Idaho Code § 11-709 — Idaho Code / Title 11 / Chapter 7 / Section 11-709
11-709 SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF.
Status: in_force

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 any third party named in the judgment creditor's written directions as a co-owner or having an interest in the property or money to be levied upon, one (1) copy of all the documents and if the garnishee is a financial institution, the search fee and other information specified in section 11-703(1), Idaho Code. The judgment creditor shall identify in the judgment creditor's written directions the last known mailing address of the judgment debtor and any third party to be served. The sheriff shall indicate on the return of the writ filed with the court the date and manner of service upon the judgment debtor and any third party and shall indicate the documents served.

If at the time of service of the writ the sheriff receives written answer from the garnishee stating that it has no money or other personal property belonging or owing to the judgment debtor, compliance with the provisions of this section shall not be required.

History:

[11-709, added 2017, ch. 303, sec. 9, p. 807.]
Idaho Code § 11-303 — Idaho Code / Title 11 / Chapter 3 / Section 11-303
11-303 SALE WITHOUT NOTICE — PENALTY.
Status: in_force

11-303. Sale without notice — Penalty. An officer selling without the notice prescribed by the last section forfeits $500 to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be satisfied before sale) forfeits $500.

History:

[(11-303) C.C.P. 1881, sec. 443; R.S., R.C., & C.L., sec. 4483; C.S., sec. 6923; I.C.A., sec. 8-303.]
Idaho Code § 11-310 — Idaho Code / Title 11 / Chapter 3 / Section 11-310
11-310 TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE.
Status: in_force

11-310. Title to real property — Right of redemption — Certificate of sale. Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest and claim of the judgment debtor thereto; and all his right, title, interest and claim thereto at any time during any subsisting lien thereon by attachment in the action, or by the docketing of the judgment. When the estate is less than a leasehold of two (2) years' unexpired term, the sale is absolute. In all other cases the property is subject to redemption, as provided in the next chapter. The officer must give to the purchaser a certificate of sale containing:

1. A particular description of the real property sold.

2. The price bid for each distinct lot or parcel.

3. The whole price paid.

4. When subject to redemption, it must be so stated. And when the judgment, under which the sale has been made, is made payable in a specified kind of money or currency, the certificate must also show the kind of money or currency in which such redemption may be made, which must be the same as that specified in the judgment. A duplicate of such certificate must be filed for record by the officer in the office of the recorder of the county.

History:

[(11-310) C.C.P. 1881, sec. 450; R.S., R.C., & C.L., sec. 4490; C.S., sec. 6930; I.C.A., sec. 8-310.]
Idaho Code § 11-309 — Idaho Code / Title 11 / Chapter 3 / Section 11-309
11-309 CERTIFICATE OF SALE — TITLE CONVEYED.
Status: in_force

11-309. Certificate of sale — Title conveyed. When the purchaser of any personal property not capable of manual delivery pays the purchase-money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.

History:

[(11-309) C.C.P. 1881, sec. 449; R.S., R.C., & C.L., sec. 4489; C.S., sec. 6929; I.C.A., sec. 8-309.]
Idaho Code § 11-308 — Idaho Code / Title 11 / Chapter 3 / Section 11-308
11-308 DELIVERY OF PROPERTY TO PURCHASER — CERTIFICATE OF SALE.
Status: in_force

11-308. Delivery of property to purchaser — Certificate of sale. When the purchaser of any personal property capable of manual delivery pays the purchase-money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of the sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.

History:

[(11-308) C.C.P. 1881, sec. 448; R.S., R.C., & C.L., sec. 4488; C.S., sec. 6928; I.C.A., sec. 8-308.]
Idaho Code § 11-406 — Idaho Code / Title 11 / Chapter 4 / Section 11-406
11-406 RESTRAINT OF WASTE PENDING EXPIRATION OF REDEMPTION PERIOD.
Status: in_force

11-406. Restraint of waste pending expiration of redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the property at the time of sale, or entitled to possession afterward, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or to use wood or timber on the property therefor; or for the repair of fences; or for fuel in his family, while he occupies the property.

History:

[(11-406) C.C.P. 1881, sec. 456; R.S., R.C., & C.L., sec. 4496; C.S., sec. 6937; I.C.A., sec. 8-406.]
Idaho Code § 11-506 — Idaho Code / Title 11 / Chapter 5 / Section 11-506
11-506 APPLICATION OF JUDGMENT DEBTOR'S PROPERTY TO SATISFACTION OF EXECUTION.
Status: in_force

11-506. Application of judgment debtor's property to satisfaction of execution. The judge or referee may order any money or property of a judgment debtor not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment.

History:

[(11-506) C.C.P. 1881, sec. 465; R.S., R.C., & C.L., sec. 4509; C.S., sec. 6946; I.C.A., sec. 8-506.]
Idaho Code § 11-602 — Idaho Code / Title 11 / Chapter 6 / Section 11-602
11-602 PROTECTION OF PROPERTY OF RESIDENTS AND NONRESIDENTS.
Status: in_force

11-602. Protection of property of residents and nonresidents. (1) Residents of this state are entitled to the exemptions provided by this act. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence.

(2) The term "resident" means an individual who intends to maintain his home in this state.

History:

[11-602, added 1978, ch. 348, sec. 1, p. 909.]
Idaho Code § 11-706 — Idaho Code / Title 11 / Chapter 7 / Section 11-706
11-706 DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR — DUTIES OF SHERIFF — SERVICE AND MAILING CRITERIA — TIME COMPUTATION.
Status: in_force

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 additional party identified in the judgment creditor's written directions and shall provide an envelope addressed to each person required to be served. If the documents are to be mailed, proper postage shall be affixed. The sheriff shall not delay service for lack of sufficient copies or postage and shall make any additional copies and affix any additional postage necessary. The sheriff may charge the judgment creditor for the actual costs of any additional copies and postage required, which costs shall be in addition to the fees permitted under section 11-729, Idaho Code.

Personal service shall be accomplished in the same manner provided for service of summons under the Idaho rules of civil procedure. Provided however, that in the case of garnishments the county sheriff shall have the option of accomplishing personal service by United States certified mail, return receipt requested, or United States first class mail with a facsimile or electronic mail acknowledgment of such service by the garnishee. Unless otherwise provided to the contrary, the date when an item is deposited in the United States mail shall constitute the date of mailing and the date of service shall be the date when the garnishee signs the return receipt for the certified mail or the date the garnishee sends its facsimile or electronic mail acknowledgment of service. In computing any period of time within which an act is to be accomplished, the day of the act after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it falls on a weekend or legal holiday, in which event the period runs until the close of business of the first business day after the weekend or holiday, except that this provision shall not extend the time within which hearing on a motion to contest a claim of exemption or third-party claim must be set as provided in section 8-540, Idaho Code, and section 11-203, Idaho Code.

The sheriff shall not be required to investigate or assure the accuracy and completeness of the addresses of the parties to be served or any other information provided by the judgment creditor.

History:

[11-706, added 2017, ch. 303, sec. 9, p. 806.]
Idaho Code § 11-401 — Idaho Code / Title 11 / Chapter 4 / Section 11-401
11-401 REDEMPTION — PERSONS ENTITLED TO MAKE.
Status: in_force

11-401. Redemption — Persons entitled to make. Property sold subject to redemption, as provided in section 11-310, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:

1. The judgment debtor, or his successor in interest, in the whole or any part of the property.

2. A creditor having a lien by judgment or mortgage on the property sold, or some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subdivision of this section are, in this chapter, termed redemptioners.

History:

[(11-401) C.C.P. 1881, sec. 451; R.S., R.C., & C.L., sec. 4491; C.S., sec. 6932; I.C.A., sec. 8-401.]
Idaho Code § 11-505 — Idaho Code / Title 11 / Chapter 5 / Section 11-505
11-505 WITNESSES REQUIRED TO APPEAR.
Status: in_force

11-505. Witnesses required to appear. Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under this chapter in the same manner as upon the trial of an issue.

History:

[(11-505) C.C.P. 1881, sec. 464; R.S., R.C., & C.L., sec. 4508; C.S., sec. 6945; I.C.A., sec. 8-505.]
Idaho Code § 11-305 — Idaho Code / Title 11 / Chapter 3 / Section 11-305
11-305 REFUSAL TO PAY PURCHASE-MONEY — RESALE.
Status: in_force

11-305. Refusal to pay purchase-money — Resale. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with costs, from the bidder so refusing, in any court of competent jurisdiction.

History:

[(11-305) C.C.P. 1881, sec. 445; R.S., R.C., & C.L., sec. 4485; C.S., sec. 6925; I.C.A., sec. 8-305.]
Idaho Code § 11-710 — Idaho Code / Title 11 / Chapter 7 / Section 11-710
11-710 SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION.
Status: in_force

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 served upon it by the sheriff:

(a) To the judgment debtor at the address to which account statements or other pertinent account documentation are normally sent, or if the money is not in an account, to the last known address of the judgment debtor shown upon the records of the garnishee at the time of service upon it of the writ; and

(b) To any other person shown upon the records of the garnishee as a co-owner or having an interest in the money or accounts garnished at the last known address of the third party shown upon the records of the garnishee at the time of service upon it of the writ.

(2) The financial institution shall be entitled to deduct a single fee of not to exceed twelve dollars ($12.00) from the money transferred to the sheriff pursuant to the garnishment to cover the costs associated with the processing and service of the documents. The fee herein provided shall be the only processing and service fee to which the financial institution is entitled, regardless of the number of parties to which documents are sent, and is in addition to the search fee specified in section 11-703(1)(a)(vi), Idaho Code. Upon being notified by the sheriff that money transferred pursuant to the garnishment has been released as a result of a court determination that the money is exempt or a failure by the judgment creditor to contest the claim of exemption, the garnishee shall recredit the fee to the judgment debtor's account or reimburse the judgment debtor therefor, and the judgment creditor shall reimburse the garnishee for the fee.

(3) The garnishee shall indicate in the answer to interrogatories as provided in section 11-708, Idaho Code, the date and manner of service of the documents upon the judgment debtor and any third party as herein required but shall not be required to disclose the names or addresses of any third party served.

(4) The garnishee shall only be required to serve on the judgment debtor, and any third party, copies of those documents served upon it by the sheriff.

History:

[11-710, added 2017, ch. 303, sec. 9, p. 807; am. 2021, ch. 186, sec. 2, p. 510.]
Idaho Code § 11-103 — Idaho Code / Title 11 / Chapter 1 / Section 11-103
11-103 TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK — CONTINUOUS EXECUTION OR GARNISHMENT FOR CHILD SUPPORT.
Status: in_force

11-103. Time when returnable — Record in execution book — Continuous execution or garnishment for child support. (a) Except as provided in subsection (b) of this section, the execution may be made returnable at any time not less than ten (10) nor more than sixty (60) 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 attach it to the judgment roll. If any real estate be levied upon, the clerk must record the execution and the return thereto at large, and certify the same under his hand as true copies in a book to be called the "execution book," which book must be indexed with the names of the plaintiffs and defendants in execution alphabetically arranged, and kept open at all times during office hours for the inspection of the public without charge. It is evidence of the contents of the originals whenever they, or any part thereof, may be destroyed, mutilated or lost.

(b) Where an execution or garnishment against earnings or unemployment benefits for a delinquent child support obligation is served upon any person or upon the state of Idaho and there is in possession of such person or the state of Idaho any such earnings or any unemployment benefits of the judgment debtor, the execution and the garnishment shall operate continuously and shall require such person or the state of Idaho to withhold the nonexempt portion of earnings or unemployment benefits at each succeeding earnings or unemployment benefits disbursement interval until released by the sheriff at the written request of the judgment creditor or until the judgment for child support debt, in the dollar amount specifically set forth on the writ of execution and subject to garnishment as of the date the writ of execution is issued, is discharged or satisfied in full; provided, however, that interim returns on such continuous execution or garnishment shall be filed by the sheriff at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least equal to fifty dollars ($50.00), but in any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed thirty (30) days. The proportion of earnings subject to garnishment as compared to total available earnings or unemployment benefits shall be limited to the percentage restrictions on garnishment of wages for child support as provided in section 11-207, Idaho Code.

History:

[(11-103) C.C.P. 1881, sec. 432; R.S., R.C., & C.L., sec. 4472; C.S., sec. 6912; I.C.A., sec. 8-103; am. 1982, ch. 170, sec. 1, p. 449; am. 1986, ch. 221, sec. 12, p. 592.]
Idaho Code § 11-207 — Idaho Code / Title 11 / Chapter 2 / Section 11-207
11-207 RESTRICTION ON GARNISHMENT — MAXIMUM.
Status: in_force

11-207. Restriction on 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 work week which is subjected to garnishment shall not exceed (a) twenty-five per cent (25%) of his disposable earnings for that week, or (b) the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Idaho commissioner of labor shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in (b) of this subsection.

(2) (a) The restrictions of subsection (1) of this section shall not apply in the case of any order of any court for the support of any person, any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act, or any debt due for any state or federal tax.

(b) The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person shall not exceed:

1. Where such individual is supporting his spouse or dependent child, other than a spouse or child with respect to whose support such order is used, fifty per cent (50%) of such individual's disposable earnings for that week; and

2. Where such individual is not supporting such a spouse or dependent child described in paragraph 1., sixty per cent (60%) of such individual's disposable earnings for that week;

except that with respect to the disposable earnings of any individual for any work week, the fifty per cent (50%) specified in paragraph 1. shall be deemed to be fifty-five per cent (55%) and the sixty per cent (60%) specified in paragraph 2. shall be deemed to be sixty-five per cent (65%), if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve (12) week period which ends with the beginning of such work week.

History:

[I.C., sec. 11-207, as added by 1970, ch. 11, sec. 3, p. 18; am. 1982, ch. 170, sec. 2, p. 450.]
Idaho Code § 11-206 — Idaho Code / Title 11 / Chapter 2 / Section 11-206
11-206 DEFINITIONS.
Status: in_force

11-206. Definitions. For the purpose of section 11-207, Idaho Code, the term:

1. "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.

2. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.

3. "Garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

History:

[I.C., sec. 11-206, as added by 1970, ch. 11, sec. 2, p. 18.]
Idaho Code § 11-715 — Idaho Code / Title 11 / Chapter 7 / Section 11-715
11-715 LIABILITY OF GARNISHEE.
Status: in_force

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 delivered up or transferred, or such debts be paid to the sheriff, liable to the judgment creditor for the amount of such credits, property, or debts, until the garnishment be discharged or any judgment recovered by him be satisfied.

History:

[11-715, added 2017, ch. 303, sec. 9, p. 810.]
Idaho Code § 11-604 — Idaho Code / Title 11 / Chapter 6 / Section 11-604
11-604 PROPERTY EXEMPT TO EXTENT REASONABLY NECESSARY FOR SUPPORT.
Status: in_force

11-604. Property exempt to extent reasonably necessary for support. (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents:

(a) benefits paid or payable by reason of disability or illness;

(b) money or personal property received, and rights to receive money or personal property for alimony, support, or separate maintenance;

(c) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent; and

(d) proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured.

(2) The phrase "property to the extent reasonably necessary for the support of him and his dependents" means property required to meet the present and anticipated needs of the individual and his dependents, as determined by the court after consideration of the individual's responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.

History:

[11-604, added 1978, ch. 348, sec. 1, p. 910; am. 1982, ch. 326, sec. 2, p. 808; am. 1996, ch. 309, sec. 1, p. 1014; am. 2017, ch. 303, sec. 8, p. 803.]
Idaho Code § 11-107 — Idaho Code / Title 11 / Chapter 1 / Section 11-107
11-107 EXECUTIONS DIRECTED TO SHERIFF — EXECUTIONS IN DIFFERENT COUNTIES AT THE SAME TIME.
Status: in_force

11-107. Executions directed to sheriff — Executions in different counties at the same time. Where the execution is against the property of the judgment debtor it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property it must be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties.

History:

[(11-107) C.C.P. 1881, sec. 436; R.S., R.C., & C.L., sec. 4476; C.S., sec. 6916; I.C.A., sec. 8-107.]
Idaho Code § 11-609 — Idaho Code / Title 11 / Chapter 6 / Section 11-609
11-609 NONAUTHORIZATION OF FEDERAL BANKRUPTCY EXEMPTIONS.
Status: in_force

11-609. Nonauthorization of federal bankruptcy exemptions. In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this state.

History:

[11-609, added 1981, ch. 81, sec. 2, p. 114.]
Idaho Code § 11-707 — Idaho Code / Title 11 / Chapter 7 / Section 11-707
11-707 FORMS FOR NOTICE OF EXEMPTIONS, INSTRUCTIONS TO DEBTORS AND THIRD PARTIES AND CLAIM OF EXEMPTION.
Status: in_force

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 court. The forms shall be made available in English and Spanish language translations in the offices of each county sheriff. Notice, written in Spanish, of the availability of these documents in Spanish translation shall be set forth on the notice of exemptions.

History:

[11-707, added 2017, ch. 303, sec. 9, p. 806.]
Idaho Code § 11-306 — Idaho Code / Title 11 / Chapter 3 / Section 11-306
11-306 REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS.
Status: in_force

11-306. Refusal to pay purchase-money — Rejection of subsequent bids. When a purchaser refuses to pay the officer may, in his discretion, thereafter reject any subsequent bid of such person.

History:

[(11-306) C.C.P. 1881, sec. 446; R.S., R.C., & C.L., sec. 4486; C.S., sec. 6926; I.C.A., sec. 8-306.]
Idaho Code § 11-731 — Idaho Code / Title 11 / Chapter 7 / Section 11-731
11-731 APPLICATION OF PRECEDING SECTIONS.
Status: in_force

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.

History:

[11-731, added 2017, ch. 303, sec. 9, p. 813.]
Idaho Code § 11-601 — Idaho Code / Title 11 / Chapter 6 / Section 11-601
11-601 DEFINITIONS.
Status: in_force

11-601. Definitions. As used in this act, unless the context otherwise requires:

(1) "Individual" means a natural person and not an artificial person such as a corporation, partnership, or other entity created by law.

(2) "Dependent" means an individual who derives support primarily from another individual.

History:

[11-601, added 1978, ch. 348, sec. 1, p. 909.]
Idaho Code § 11-717 — Idaho Code / Title 11 / Chapter 7 / Section 11-717
11-717 EXAMINATION OF GARNISHEE.
Status: in_force

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 oath respecting the same. If the garnishee be a corporation the officer or agent thereof having knowledge of the fact sought to be established may be required to attend and give evidence thereof. The judgment debtor may also be required to attend for the purpose of giving information respecting his property and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff on such terms as may be just, having reference to any liens or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.

History:

[11-717, added 2017, ch. 303, sec. 9, p. 810.]
Idaho Code § 11-102 — Idaho Code / Title 11 / Chapter 1 / Section 11-102
11-102 FORM OF WRIT.
Status: in_force

11-102. Form of writ. The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligently refer to the judgment, stating the court, the county where the judgment roll is filed, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money, or currency, the execution must also state the kind of money or currency in which the judgment is payable, and must require the sheriff substantially as follows:

(1) If it be against the property of the judgment debtor, it must require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter; or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or any time thereafter.

(2) If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it must require the sheriff to satisfy the judgment, with interest, out of such property.

(3) If it be against the person of the judgment debtor, it must require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law.

(4) If it be issued on a judgment made payable in a specified kind of money or currency, it must also require the sheriff to satisfy the same in the kind of money or currency in which the judgment is made payable, and the sheriff must refuse payment in any other kind of money or currency; and in case of levy and sale of property of the judgment debtor, he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The sheriff collecting money or currency in the manner required by this chapter, must pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three (3) times the amount of the money so collected.

(5) If it be for the delivery of the possession of real or personal property, it must require the sheriff to deliver the possession of the same, describing it, to the party entitled thereto, and may at the same time require the sheriff to satisfy any costs, damages, rents or profits recovered by the same judgment, out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in subsection (1) of this section.

History:

[(11-102) C.C.P. 1881, sec. 431; R.S., R.C., & C.L., sec. 4471; C.S., sec. 6911; I.C.A., sec. 8-102; am. 2009, ch. 11, sec. 3, p. 14.]
Idaho Code § 11-728 — Idaho Code / Title 11 / Chapter 7 / Section 11-728
11-728 FEE FOR EMPLOYER — GARNISHEE.
Status: in_force

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 from money remitted to the sheriff.

History:

[11-728, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-608 — Idaho Code / Title 11 / Chapter 6 / Section 11-608
11-608 CLAIM OF EXEMPTION.
Status: in_force

11-608. Claim of exemption. Any person entitled to an exemption under this chapter may claim such exemption in the manner provided in section 11-203, Idaho Code.

History:

[11-608, added 1978, ch. 348, sec. 1, p. 912; am. 1991, ch. 165, sec. 11, p. 405.]
Idaho Code § 11-606 — Idaho Code / Title 11 / Chapter 6 / Section 11-606
11-606 TRACING EXEMPT PROPERTY.
Status: in_force

11-606. Tracing exempt property. (1) If property, or a part thereof, that could have been claimed as exempt, such as, a burial plot under subsection (1) of section 11-603, Idaho Code, a health aid under subsection (2) of section 11-603, Idaho Code, or personal property subject to a value limitation under paragraph (a) or (b) of subsection (1) or subsection (3) of section 11-605, Idaho Code, has been taken by condemnation, or has been lost, damaged, or destroyed, and the owner has been indemnified therefore, the individual is entitled to an exemption of proceeds that are traceable for three (3) months after the proceeds are received. The exemption of proceeds under this subsection does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under section 11-605, Idaho Code.

History:

[11-606, added 1978, ch. 348, sec. 1, p. 911.]
Idaho Code § 11-405 — Idaho Code / Title 11 / Chapter 4 / Section 11-405
11-405 SERVICE OF PAPERS BY REDEMPTIONER.
Status: in_force

11-405. Service of papers by redemptioner. A redemptioner must produce to the officer or person from whom he seeks to redeem, and serve with his notice to the sheriff:

1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court, or recorder of the county where the judgment is docketed or filed, or if he redeem upon a mortgage or other lien, a note of the record thereof, certified by the recorder.

2. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or of a subscribing witness thereto.

3. An affidavit by himself or his agent, showing the amount then actually due on the lien.

History:

[(11-405) C.C.P. 1881, sec. 455; R.S., R.C., & C.L., sec. 4495; C.S., sec. 6936; I.C.A., sec. 8-405.]
Idaho Code § 11-729 — Idaho Code / Title 11 / Chapter 7 / Section 11-729
11-729 SHERIFF FEE FOR SERVICE.
Status: in_force

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 continuing garnishment to show disbursement of moneys held by the sheriff for return service, including for receiving and paying over money from any money garnishment, and including wage garnishment or financial institution garnishment. These fees shall be established using criteria determined by the board not to exceed actual costs directly incurred for order of garnishment and writ of execution service.

(2) At the time of adoption of the resolution establishing any fee authorized in this section, the board shall annually publish on the county website all the criteria used to establish the total fee and the value of each criterion's proportionate share of the total fee. The initial garnishment and continuing service fee herein allowed shall be collected from the judgment debtor.

History:

[11-729, added 2017, ch. 303, sec. 9, p. 813.]
Idaho Code § 11-603 — Idaho Code / Title 11 / Chapter 6 / Section 11-603
11-603 PROPERTY EXEMPT WITHOUT LIMITATION.
Status: in_force

11-603. Property exempt without limitation. An individual is entitled to exemption of the following property:

(1) A burial plot for the individual and his family;

(2) Health aids reasonably necessary to enable the individual or a dependent to work or to sustain health;

(3) Benefits the individual is entitled to receive under federal social security, or veteran's benefits, except the restrictions under this subsection shall not apply to enforcement of an order for the support of any person by execution, garnishment, or wage withholding under chapter 12, title 7, Idaho Code;

(4) Benefits the individual is entitled to receive under federal, state, or local public assistance legislation;

(5) Benefits payable for medical, surgical, or hospital care and the amount in a medical savings account as that term is defined in section 63-3022K, Idaho Code;

(6) State unemployment compensation to the extent provided for in section 72-1375, Idaho Code.

History:

[11-603, added 1978, ch. 348, sec. 1, p. 909; am. 1982, ch. 326, sec. 1, p. 808; am. 1985, ch. 159, sec. 7, p. 425; am. 1986, ch. 221, sec. 3, p. 587; am. 2009, ch. 121, sec. 1, p. 386.]
Idaho Code § 11-503 — Idaho Code / Title 11 / Chapter 5 / Section 11-503
11-503 DEFENDANT'S DEBTOR MAY SATISFY EXECUTION.
Status: in_force

11-503. Defendant's debtor may satisfy execution. After the issuing of an execution against property and before its return, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution; and the sheriff's receipt is a sufficient discharge for the amount so paid.

History:

[(11-503) C.C.P. 1881, sec. 462; R.S., R.C., & C.L., sec. 4506; C.S., sec. 6943; I.C.A., sec. 8-503.]
Idaho Code § 11-311 — Idaho Code / Title 11 / Chapter 3 / Section 11-311
11-311 EXECUTION OF DEED BY SUCCESSOR IN OFFICE.
Status: in_force

11-311. Execution of deed by successor in office. When the sheriff who has sold any real estate shall die, resign, be removed from office, or his term of office expire, before executing any good and sufficient deed for such real estate, such deed may be executed by the successor in office of such sheriff with the same effect to all intents and purposes as if made by the sheriff making the sale.

History:

[(11-311) 1895, p. 20, sec. 1; reen. 1899, p. 235, sec. 1; reen. R.C. & C.L., sec. 4490a; C.S., sec. 6931; I.C.A., sec. 8-311.]
Idaho Code § 11-106 — Idaho Code / Title 11 / Chapter 1 / Section 11-106
11-106 EXECUTION AFTER DEATH.
Status: in_force

11-106. Execution after death. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows:

1. In the case of the death of the judgment creditor, upon the application of his executor or administrator or successor in interest.

2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon.

History:

[(11-106) C.C.P. 1881, sec. 435; R.S., R.C., & C.L., sec. 4475; C.S., sec. 6915; I.C.A., sec. 8-106.]
Idaho Code § 11-723 — Idaho Code / Title 11 / Chapter 7 / Section 11-723
11-723 JUDGMENT AGAINST GARNISHEE.
Status: in_force

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 judgment creditor may move the court out of which the writ issued, on or before the return day thereof, for judgment against the garnishee for the amount of such admitted debt, or for the delivery to the officer of the money or property of the judgment debtor in his hands, to an amount sufficient to satisfy the judgment creditor's claim; serving the garnishee with due notice of the said motion; and at the hearing thereof the court shall render such judgment as shall be conformable to law and the facts shown to exist.

History:

[11-723, added 2017, ch. 303, sec. 9, p. 812.]
Idaho Code § 11-713 — Idaho Code / Title 11 / Chapter 7 / Section 11-713
11-713 DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT.
Status: in_force

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 shall remain exempt in an account at a financial institution.

(2) Wages that are exempt from execution as provided in sections 11-207 and 11-712, Idaho Code, shall remain exempt when deposited into an account at a financial institution. This subsection shall not apply to any accumulation of wages greater than seven thousand five hundred dollars ($7,500).

(3) All funds that are exempt under federal and state law; section 11-603, Idaho Code, including social security, SSI and veteran benefits, federal and state public assistance, medical savings accounts, child support payments deposited by the Idaho department of health and welfare, and unemployment benefits; section 11-604A, Idaho Code, retirement and pension benefits including public employee retirement system of Idaho (PERSI) and United States government benefits; and section 72-802, Idaho Code, worker's compensation benefits shall remain exempt without limitation when deposited into an account at a financial institution.

(4) The application of subsections (1), (2) and (3) of this section shall not be affected by the commingling of exempt and nonexempt funds in an account. For the purposes of identifying exempt funds in an account, first in, first out accounting principles shall be used.

(5) The provisions of this chapter shall not prevent a debtor from claiming any exemption that otherwise may be available under law for any amounts garnished from an account at a financial institution.

History:

[11-713, added 2017, ch. 303, sec. 9, p. 808.]
Idaho Code § 11-302 — Idaho Code / Title 11 / Chapter 3 / Section 11-302
11-302 SALE OF PROPERTY — NOTICE.
Status: in_force

11-302. Sale of property — Notice. Before the sale of the property on execution, notice thereof must be given as follows:

1. In case of perishable property, by posting a written notice of the time and place of sale in three (3) public places of the precinct or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.

2. In case of other personal property, by posting a similar notice in three (3) public places in the precinct or city where the sale is to take place for not less than five (5) nor more than ten (10) days before the time set for the sale, or by publishing a copy thereof at least one (1) week, and not more than two (2) weeks, in a newspaper published in the county, if there be one.

3. In case of real property, by posting a similar notice particularly describing the property, for twenty (20) days, in three (3) public places in the precinct or city where the property is situated, and also where the property is to be sold, and by publishing a copy thereof once a week for the same period before the time set for the sale, in a newspaper published in the county, if there be one. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several notices required by this section must state the kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment.

History:

[(11-302) C.C.P. 1881, sec. 442; R.S., sec. 4482; am. 1895, p. 40, sec. 1; reen. 1899, p. 243, sec. 1; am. 1901, p. 156, sec. 1; am. 1907, p. 30, sec. 1; reen. R.C. & C.L., sec. 4482; C.S., sec. 6922; I.C.A., sec. 8-302.]
Idaho Code § 11-730 — Idaho Code / Title 11 / Chapter 7 / Section 11-730
11-730 APPEALS IN GARNISHMENT PROCEEDINGS.
Status: in_force

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, ch. 303, sec. 9, p. 813.]
Idaho Code § 11-704 — Idaho Code / Title 11 / Chapter 7 / Section 11-704
11-704 EMPLOYER — CONTINUOUS GARNISHMENT.
Status: in_force

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 to said judgment debtor as a result of the judgment debtor's employment. This continuing garnishment shall continue in force and effect until the judgment is satisfied. The judgment creditor shall be solely responsible for ensuring that the amounts garnished do not exceed the amount due on the judgment. If additional garnishments are issued during the term of a continuing garnishment and the continuing garnishment is the maximum allowed under the provisions of section 11-712, Idaho Code, the additional garnishments cannot be served until the continuing garnishment is satisfied, or until the amount taken by the continuing garnishment is less than the maximum allowed. Additional garnishments issued during the term of a continuing garnishment must be served in the order in which presented.

History:

[11-704, added 2017, ch. 303, sec. 9, p. 805.]
Idaho Code § 11-104 — Idaho Code / Title 11 / Chapter 1 / Section 11-104
11-104 ENFORCEMENT OF JUDGMENT BY EXECUTION.
Status: in_force

11-104. Enforcement of judgment by execution. When the judgment is for money, or the possession of real or personal property, the same may be enforced by a writ of execution; and if the judgment direct that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or part; when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith; when the judgment requires the performance of any other act than as above designated a certified copy of the judgment may be served upon the party against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court.

History:

[(11-104) C.C.P. 1881, sec. 433; R.S., R.C., & C.L., sec. 4473; C.S., sec. 6913; I.C.A., sec. 8-104.]
Idaho Code § 11-502 — Idaho Code / Title 11 / Chapter 5 / Section 11-502
11-502 PROCEEDINGS TO COMPEL APPEARANCE.
Status: in_force

11-502. Proceedings to compel appearance. After the issuing of an execution against property, and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or of a judge thereof, that any judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place before such judge, or a referee appointed by him, to answer upon oath concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment, as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the judge may upon affidavit of the judgment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring him before such judge. Upon being brought before the judge, he may be ordered to enter into an undertaking, with sufficient surety, that he will attend from time to time before the judge or referee, as may be directed during the pendency of proceedings and until the final termination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison.

History:

[(11-502) C.C.P. 1881, sec. 461; R.S., R.C., & C.L., sec. 4505; C.S., sec. 6942; I.C.A., sec. 8-502.]
Idaho Code § 11-721 — Idaho Code / Title 11 / Chapter 7 / Section 11-721
11-721 DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.
Status: in_force

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 presented by such denial and reply, shall be tried as ordinary issues between judgment creditor and judgment debtor, and judgment rendered thereon and execution issued accordingly except as herein otherwise provided.

History:

[11-721, added 2017, ch. 303, sec. 9, p. 811.]
Idaho Code § 11-507 — Idaho Code / Title 11 / Chapter 5 / Section 11-507
11-507 PROCEEDINGS AGAINST DEFENDANT'S DEBTOR.
Status: in_force

11-507. Proceedings against defendant's debtor. If it appears that a person or corporation, alleged to have money or property of the judgment debtor, or to be indebted to him, claims an interest in the money or property adverse to him, or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt; and the court or judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the judge granting the same, or the court in which the action is brought, at any time, upon such terms as may be just.

History:

[(11-507) C.C.P. 1881, sec. 466; R.S., R.C., & C.L., sec. 4510; C.S., sec. 6947; I.C.A., sec. 8-507.]
Idaho Code § 11-607 — Idaho Code / Title 11 / Chapter 6 / Section 11-607
11-607 CLAIMS ENFORCEABLE AGAINST EXEMPT PROPERTY.
Status: in_force

11-607. Claims enforceable against exempt property. (1) Notwithstanding other provisions of this act:

(a) A creditor may make a levy against exempt property except property described in section 11-603, Idaho Code, to enforce a claim for:

1. Alimony, support, or maintenance;

2. Unpaid earnings of up to one (1) month's compensation or the full-time equivalent of one (1) month's compensation for personal services of an employee;

3. State or local taxes;

4. Civil damages for offenses punishable by imprisonment in the state penitentiary, or for malicious or intentional injury to persons or property, or for damages resulting from the operation of a motor vehicle for which the defendant is convicted of reckless driving, driving while under the influence of intoxicating liquor or drugs, or driving while driver's license has been suspended or revoked, or claims for obtaining money or property by false pretenses or on credit by intentionally making materially false statements in writing respecting financial condition; or

5. Rent for any kind of dwelling place; claims for food and lodging; and

(b) A creditor may make a levy against exempt property to enforce a claim for:

1. The purchase price of the property or a loan made for the express purpose of enabling an individual to purchase property and used for that purpose; and

2. Labor or materials furnished to make, repair, improve, preserve, store, or transport the property.

(c) The department of health and welfare, bureau of child support enforcement may make a levy against exempt property described in subsection (6) of section 11-603, Idaho Code, to enforce a claim for child support or spousal support as defined in chapter 12, title 7, Idaho Code.

(2) This act does not affect any statutory lien or security interest in exempt property. Such a security agreement shall not be invalidated in or affected by any legal proceedings, including those under the federal bankruptcy act, involving the debtor.

History:

[11-607, added 1978, ch. 348, sec. 1, p. 912; am. 1981, ch. 81, sec. 1, p. 114; am. 1985, ch. 159, sec. 8, p. 425; am. 1986, ch. 221, sec. 4, p. 587; am. 1989, ch. 88, sec. 58, p. 197.]
Idaho Code § 11-504 — Idaho Code / Title 11 / Chapter 5 / Section 11-504
11-504 EXAMINATION OF DEFENDANT'S DEBTORS.
Status: in_force

11-504. Examination of defendant's debtors. After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment, or upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has money or property of such judgment debtor, or is indebted to him in an amount exceeding fifty dollars ($50.00), the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same.

History:

[(11-504) C.C.P. 1881, sec. 463; R.S., R.C., & C.L., sec. 4507; C.S., sec. 6944; I.C.A., sec. 8-504.]
Idaho Code § 11-301 — Idaho Code / Title 11 / Chapter 3 / Section 11-301
11-301 EXECUTION OF WRIT.
Status: in_force

11-301. Execution of writ. The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the sheriff, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs.

The provisions of sections 11-703, 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to a levy upon personal property.

History:

[(11-301) C.C.P. 1881, sec. 441; R.S., R.C., & C.L., sec. 4481; C.S., sec. 6921; I.C.A., sec. 8-301; am. 1991, ch. 165, sec. 12, p. 405; am. 2017, ch. 303, sec. 7, p. 802.]
Idaho Code § 11-718 — Idaho Code / Title 11 / Chapter 7 / Section 11-718
11-718 DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.
Status: in_force

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 satisfaction of such judgment by service by the sheriff of the debtor's county of residence in Idaho, upon the state controller of a copy of the writ of execution and a notice of garnishment signed by such officer in duplicate. The state controller shall at the time of such service collect a fee of ten dollars ($10.00) therefor from said officer. The state controller shall thereafter have a period of thirty (30) days in which to answer said notice of garnishment. The state controller shall pay, in the usual manner provided by law to the officer serving said writ of execution and notice of judgment, the amount necessary to satisfy said judgment excluding any exemption as provided by law. The officer's receipt therefor shall be a sufficient release of the state of Idaho and the state controller, of said claim of such person.

(2) The tax refund of any taxpayer may be subject to execution and garnishment under this section. In the case of garnishment of a tax refund due to a taxpayer, the plaintiff or his attorney shall provide in the written instructions to the Ada county sheriff the full name and social security number of the taxpayer subject to the garnishment, that shall be served with the writ of execution and notice of garnishment. The Ada county sheriff, state controller and state tax commission shall cooperate as necessary, including the sharing of garnishee information, in order to carry out the garnishment of a tax refund as provided in this section.

(3) Notwithstanding any provision in this title to the contrary, in the case of garnishment of a tax refund due to a taxpayer, the state controller shall hold the writ for a period of one hundred fifty (150) days after service or until the date it is determined that a refund is due the taxpayer, whichever occurs first, at which time the state controller shall thereafter have a period of thirty (30) days in which to answer such notice of garnishment. The Ada county sheriff shall file a return on the writ as soon as practicable after receipt of the state controller's answer, but if no answer is received from the state controller by one hundred ninety (190) days after service, the sheriff shall file a final return to that effect and close the garnishment.

History:

[11-718, added 2017, ch. 303, sec. 9, p. 810.]
Idaho Code § 11-108 — Idaho Code / Title 11 / Chapter 1 / Section 11-108
11-108 EXECUTION OF CIVIL JUDGMENTS AGAINST PRISONERS.
Status: in_force

11-108. Execution of civil judgments against prisoners. (1) For purposes of this section, the county sheriffs and the department of correction are exempt from the requirements of title 8 and title 11, Idaho Code. However, nothing in this section shall prevent the county, county sheriffs or department of correction from pursuing formal execution of judgments through writs of execution under title 11, Idaho Code, or writs of attachment and possession under title 8, Idaho Code.

(2) Whenever a judgment is entered against a prisoner pursuant to section 12-120, 12-121 or 12-122, Idaho Code, the county, county sheriff or department of correction may collect the amount of the judgment from the prisoner by direct levy against the prisoner's inmate account and/or personal property in his possession at the county jail or state prison. In pursuit of such collection efforts, the following applies:

(a) The county, county sheriff or department of correction may continue to levy against the prisoner's inmate account and personal property as it becomes available until the amount of the judgment is fully satisfied;

(b) Funds collected from an inmate account shall be credited in full towards satisfaction of the judgment;

(c) A prisoner's personal property may be sold to the jail or prison commissary as used goods, with the value to be determined by the county sheriff or the department of correction, respectively.

(3) For purposes of this section, prisoners shall not be entitled to claim exempt property under sections 11-201 through 11-207, Idaho Code, or 11-601 through 11-608, Idaho Code, with respect to funds in their inmate accounts and personal property in their possession at a county jail or a state prison.

History:

[11-108, added 1996, ch. 420, sec. 1, p. 1399.]