reglab/housing_qa huggingface dataset:
ID Code § 11-712 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-712 - RESTRICTION ON WAGE GARNISHMENT — MAXIMUM.

11-712. RESTRICTION ON WAGE GARNISHMENT — MAXIMUM. (1) Except as provided in subsection (2) of this section, the maximum amount of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment shall not exceed: (a) Twenty-five percent (25%) of his disposable earnings for that week; or (b) The amount by 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.]
ID Code § 11-713 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-713 - DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT.

11-713. DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT. (1) Money, funds, benefits and personal property that are exempt from execution as provided in section 11-604(1), Idaho Code, including payable or paid for disability and illness, alimony, support and child support, as a result of bodily injury, wrongful death and the death of an insured 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.]
ID Code § 11-715 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-715 - LIABILITY OF GARNISHEE.

11-715. LIABILITY OF GARNISHEE. All persons having in their possession or under their control, any credits or other personal property belonging to the judgment debtor, at the time of service upon them of a copy of the writ and notice, as provided in sections 11-711 and 11-712, Idaho Code, shall be, unless such property be 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.]
ID Code § 11-716 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-716 - NOTICE OF GARNISHMENT — DISCHARGE OF GARNISHEE.

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.]
ID Code § 11-717 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-717 - EXAMINATION OF GARNISHEE.

11-717. EXAMINATION OF GARNISHEE. Any person owing debts to the judgment debtor, or having in his possession or under his control, any credits or other personal property belonging to the judgment debtor, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on 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.]
ID Code § 11-718 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-718 - DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.

11-718. DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT. (1) Debts, moneys and credits due or owing by the state of Idaho to any person whomsoever, except an elective official of the state of Idaho, shall be subject to execution and garnishment after final judgment against such person for the 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.]
ID Code § 11-719 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-719 - ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.

11-719. ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE. Upon a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five (5) days thereafter. If he fails to do so, the judgment creditor may take judgment against him 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.]
ID Code § 11-720 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-720 - EXCEPTION TO ANSWER — AMENDMENT.

11-720. EXCEPTION TO ANSWER — AMENDMENT. The judgment creditor may, within thirty (30) days of the answer of the garnishee, except to the answer of the garnishee for insufficiency, and if adjudged insufficient, the court may allow him to amend it in such time and on such terms as shall be just.  History: [11-720, added 2017, ch. 303, sec. 9, p. 811; am. 2021, ch. 186, sec. 4, p. 512.]
ID Code § 11-721 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-721 - DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.

11-721. DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION. The judgment creditor may deny the answer of the garnishee in whole or in part without oath, and allege specially the grounds upon which a recovery is sought against the garnishee, to which the garnishee may reply either generally or specially, and the issue 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.]
ID Code § 11-722 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-722 - JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.

11-722. JUDGMENT ON ANSWER — COSTS AND ALLOWANCES. If the answer of the garnishee be not excepted to, or denied within three (3) days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case 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.]
ID Code § 11-723 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-723 - JUDGMENT AGAINST GARNISHEE.

11-723. JUDGMENT AGAINST GARNISHEE. If the garnishee admits in his answer that he is indebted to the judgment debtor, or has money or property of the judgment debtor in his hands, or under his control, and fails or refuses to turn the same over to the officer as in section 11-716, Idaho Code, provided, the 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.]
ID Code § 11-724 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-724 - ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.

11-724. ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE. If the garnishee shall allege in his answer that he is indebted to the judgment debtor, but declare his belief under oath that the debt has been assigned to some other person, while naming such person, and the judgment creditor shall file a reply, denying the fact, 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.]
ID Code § 11-725 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-725 - ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.

11-725. ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE. Upon the return day of the order of notice, or upon such other day to which the trial may be postponed, if the alleged assignee fails to appear, or appearing, fails to assert any claim as such assignee, the alleged assignment shall be disregarded, but 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.]
ID Code § 11-726 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-726 - LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.

11-726. LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER. The garnishee shall not be held liable on any debt due upon negotiable paper unless such paper is delivered up to him, or he is fully exonerated or indemnified against any liability thereon after he may have satisfied the judgment. But if it shall be made to appear 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.]
ID Code § 11-727 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-727 - LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.

11-727. LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES. No sheriff, constable, or other officer charged with the collection of money shall, prior to the return day of the execution upon which the same may be made, be liable to be summoned as a garnishee, nor shall any county collector or municipal corporation or any officer 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.]
ID Code § 11-728 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-728 - FEE FOR EMPLOYER — GARNISHEE.

11-728. FEE FOR EMPLOYER — GARNISHEE. When the garnishee is the employer of the judgment debtor, the garnishee may deduct a onetime fee to cover the costs associated with administering the garnishment. The fee to be deducted shall not exceed ten dollars ($10.00) and shall be deducted from the employer’s first answer to the writ from money remitted to the sheriff.  History: [11-728, added 2017, ch. 303, sec. 9, p. 812.]
ID Code § 11-729 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-729 - SHERIFF FEE FOR SERVICE.

11-729. SHERIFF FEE FOR SERVICE. (1) The board of county commissioners of each respective county shall have the power to set sheriff’s fees by resolution of the board for serving an initial order of garnishment and writ of execution. The board may also set an additional lesser fee for making an interim return on a 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.]
ID Code § 11-730 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-730 - APPEALS IN GARNISHMENT PROCEEDINGS.

11-730. APPEALS IN GARNISHMENT PROCEEDINGS. Appeals may be taken, heard and determined in cases arising under sections 11-708, 11-711, 11-716, 11-719 through 11-727, and 11-731, Idaho Code, in the same manner and with like effect as is now, or may hereafter be, provided by law for appeals in ordinary civil actions.  History: [11-730, added 2017, ch. 303, sec. 9, p. 813.]
ID Code § 11-731 (2021)
2021 Idaho Code|Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS|Chapter 7 - GARNISHMENTS|Section 11-731 - APPLICATION OF PRECEDING SECTIONS.

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.]
ID Code § 12-101 (2021)
2021 Idaho Code|Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS|Chapter 1 - COSTS|Section 12-101 - COSTS.

12-101. COSTS. Costs shall be awarded by the court in a civil trial or proceeding to the parties in the manner and in the amount provided for by the Idaho Rules of Civil Procedure.  History: [12-101, added 1977, ch. 4, sec. 1, p. 9.]
ID Code § 12-107 (2021)
2021 Idaho Code|Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS|Chapter 1 - COSTS|Section 12-107 - COSTS ON APPEAL.

12-107. COSTS ON APPEAL. In the following cases the costs of appeal are in the discretion of the courts: 1. When a new trial is ordered. 2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court.  History: [(12-107) C.C.P. 1881, sec. 698; R.S., R.C., & C.L., sec. 4906; C.S., sec. 7212; I.C.A., sec. 12-107.]
ID Code § 12-114 (2021)
2021 Idaho Code|Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS|Chapter 1 - COSTS|Section 12-114 - TAXATION OF COSTS ON APPEAL IN SUPREME COURT.

12-114. TAXATION OF COSTS ON APPEAL IN SUPREME COURT. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must tax the same before the clerk of the Supreme Court, subject to exception and review by the Supreme Court or the judges thereof, within such time and subject to such regulations as the Supreme Court shall by rule direct, and the same when taxed shall be certified by the clerk of the Supreme Court to the clerk of the court from which the appeal was taken, to be there entered as a judgment and to be enforced by execution as in the case of other judgments.  History: [(12-114) C.C.P. 1881, sec. 704; R.S. & R.C., sec. 4913; am. 1911, ch. 204, sec. 1, p. 673; reen. C.L., sec. 4913; C.S., sec. 7219; I.C.A., sec. 12-114.]