Idaho Aff for Writ Continue Garnishment Not Small Claims

State:
Idaho
Control #:
ID-SKU-366
Format:
Rich Text
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Description

Aff for Writ Continue Garnishment Not Small Claims

Idaho AFF for Writ Continue Garnishment Not Small Claims is a form used by the Clerk of Court to continue a garnishment of wages and other income, outside a small claims court. This form is used to certify that the garnishment of wages and other income is not an action of a small claims court, and that the garnishment is performed in accordance to the laws of Idaho. There are two types of Idaho AFF for Writ Continue Garnishment Not Small Claims forms: one for individuals and one for businesses. Both forms require the debtor's name, address, and employer information, as well as the amount, frequency, and duration of the garnishment. Additionally, the forms require the signature of the Clerk of Court.

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FAQ

To protect your wages, funds, benefits and property, you must file a Claim of Exemption. WHAT IS A CLAIM OF EXEMPTION? A Claim of Exemption will notify the sheriff that the wages, funds, benefits and property which have been taken are exempt from garnishment, and the money or property should be returned to you.

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.

Idaho Statutes 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.

(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.

A Writ of Execution is a court order that commands the Sheriff to levy on the property of a debtor for the satisfaction of a debt. You must give the Sheriff's Office a letter of instruction describing the property to be seized or the action to be taken. You must provide the service information.

Idaho and federal law protect certain wages, funds, benefits and property from being taken to pay certain types of judgments. These protected wages, funds, benefits and property are exempt from garnishment. To protect your wages, funds, benefits and property, you must file a Claim of Exemption.

Section 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

Section 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

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Idaho Aff for Writ Continue Garnishment Not Small Claims