This document is an official Idaho form to be used in the small claims division of the Idaho court system. The writ of execution instructs the employer to withhold specific garnishment amounts form the employee's wages in satisfaction of a judgment rendered against the employee in the small claims court.
Idaho Writ of Continuing Garnishment on Small Claims Judgment
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FAQ
A judgment is a formal decision made by a court regarding the rights and obligations of parties, while garnishment is a method used to collect on that judgment. In simple terms, you first need a judgment, like a small claims judgment, to then pursue garnishment actions, such as the Idaho Writ of Continuing Garnishment. The garnishment directs a third party, like an employer or bank, to withhold funds to satisfy the judgment.
Once a judgment has been entered in California, it can be renewed indefinitely every 10 years. An enforceable judgment may be renewed for a period of 10 years so long as the renewal is filed before expiration of the judgment.
Money judgments automatically expire (run out) after 10 years.If the judgment is not renewed, it will not be enforceable any longer and you will not have to pay any remaining amount of the debt. Once a judgment has been renewed, it cannot be renewed again until 5 years later.
However, the July 1, 2015, amendments to the Idaho Code also extended the timeframe for obtaining a writ of execution to ten years.
In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.
A judgment lien continues for a period of 20 years from the date of the filing of the writ of execution, and the lien may be renewed once for a period of 20 years.
Collecting a Judgment.Collecting a judgment can be just as challenging as winning the lawsuit in some cases. If the defendant has stable finances, they should pay the judgment uneventfully. If the defendant is going through financial difficulties, on the other hand, you may need to force them to pay you.
Judgment Time Limit, Recording & Renewal A State Court judgment is valid for five years upon entry (I.C. § 11-101). Following its entry in an Idaho District Court, a judgment may be recorded with any county clerk's office within the state.
A judgment is only good for five years once it is granted but it can be renewed every five years for a maximum of 20 years. To renew the judgment, a creditor must petition the court before the five years expires.