reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-402 - REDEMPTION — HOW MADE.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-404 - PAYMENT OF REDEMPTION MONEY.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-405 - SERVICE OF PAPERS BY REDEMPTIONER.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-406 - RESTRAINT OF WASTE PENDING EXPIRATION OF REDEMPTION PERIOD.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-407 - RIGHT TO RENTS AND PROFITS AFTER SALE.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-501 - ORDER FOR EXAMINATION OF DEFENDANT.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-502 - PROCEEDINGS TO COMPEL APPEARANCE.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-503 - DEFENDANT’S DEBTOR MAY SATISFY EXECUTION.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-504 - EXAMINATION OF DEFENDANT’S DEBTORS.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-505 - WITNESSES REQUIRED TO APPEAR.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-506 - APPLICATION OF JUDGMENT DEBTOR’S PROPERTY TO SATISFACTION OF EXECUTION.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-507 - PROCEEDINGS AGAINST DEFENDANT’S DEBTOR.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 5 - PROCEEDINGS SUPPLEMENTARY TO EXECUTION › Section 11-508 - DISOBEDIENCE OF ORDERS A CONTEMPT.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-601 - DEFINITIONS.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-602 - PROTECTION OF PROPERTY OF RESIDENTS AND NONRESIDENTS.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-603 - PROPERTY EXEMPT WITHOUT LIMITATION.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-604 - PROPERTY EXEMPT TO EXTENT REASONABLY NECESSARY FOR SUPPORT.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-606 - TRACING EXEMPT PROPERTY.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-607 - CLAIMS ENFORCEABLE AGAINST EXEMPT PROPERTY.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-608 - CLAIM OF EXEMPTION.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 6 - EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY › Section 11-609 - NONAUTHORIZATION OF FEDERAL BANKRUPTCY EXEMPTIONS.

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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-701 - DEFINITIONS.

11-701. DEFINITIONS. As used in this chapter:
(1) "Continuing garnishment" means a garnishment of wages of the judgment debtor that continues, subject to the limitations found in section 11-705, Idaho Code, until the debt is satisfied.
(2) "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-702 - TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK.

11-702. TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK. A garnishment execution may be made returnable at any time not less than ten (10) but not more than ninety (90) days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed. When the execution is returned, the clerk must 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-704 - EMPLOYER — CONTINUOUS GARNISHMENT.

11-704. EMPLOYER — CONTINUOUS GARNISHMENT. When the garnishee is the employer of the judgment debtor, the judgment creditor, upon application to the court, shall have issued by the clerk of court, a continuing garnishment directing the employer-garnishee to pay to the sheriff such future moneys coming due to the judgment debtor as may come due 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-705 - SHERIFF’S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT.

11-705. SHERIFF’S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT. (1) In the case of continuing garnishments for wages, the sheriff shall file interim returns at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least one hundred dollars ($100), but in 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-706 - DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR — DUTIES OF SHERIFF — SERVICE AND MAILING CRITERIA — TIME COMPUTATION.

11-706. DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR — DUTIES OF SHERIFF — SERVICE AND MAILING CRITERIA — TIME COMPUTATION. With respect to any garnishment or execution, the judgment creditor shall provide the sheriff with sufficient copies of the writ and other documents required to be served for service on the judgment debtor and each 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-707 - FORMS FOR NOTICE OF EXEMPTIONS, INSTRUCTIONS TO DEBTORS AND THIRD PARTIES AND CLAIM OF EXEMPTION.

11-707. FORMS FOR NOTICE OF EXEMPTIONS, INSTRUCTIONS TO DEBTORS AND THIRD PARTIES AND CLAIM OF EXEMPTION. The forms used for notice of exemptions, instructions to debtors and third parties and claims of exemption shall be those prescribed by rules promulgated or orders issued by the supreme court and posted on the website of the supreme 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-708 - INTERROGATORIES SUBMITTED TO GARNISHEE.

11-708. INTERROGATORIES SUBMITTED TO GARNISHEE. Written interrogatories shall be delivered to the garnishee at the time of serving notice of garnishment. The interrogatories shall be in a form prescribed by rules promulgated or orders issued by the supreme court.
History:
[11-708, added 2017, ch. 303, sec. 9, p. 806.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-709 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF.

11-709. SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF. Within two (2) business days after service of the writ and other documents as provided in section 11-703, Idaho Code, or if service is upon a financial institution, within one (1) business day, the sheriff shall hand deliver or mail to the judgment debtor and 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-710 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION.

11-710. SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION. (1) If the writ and notice of garnishment are served upon a financial institution holding money or accounts belonging to the judgment debtor, the garnishee shall, within three (3) business days after such service, mail or hand deliver a copy of all documents 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.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-711 - CLAIM OF EXEMPTION BY JUDGMENT DEBTOR.

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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]