An Idaho Writ of Execution For Garnishment On Small Claims Judgment is a legal document that is used to collect money from a debtor that has failed to pay on a small claims court judgment. This document can be used to garnish wages, bank accounts, and other forms of income. It is issued by the court and requires the debtor to pay a certain amount of money or the amount of the judgment within a certain period of time. There are two types of Idaho Writ of Execution For Garnishment On Small Claims Judgment: a Continuous Writ of Garnishment and a One-time Writ of Garnishment. The Continuous Writ of Garnishment requires regular payments to be made until the full judgment amount is paid. The One-time Writ of Garnishment requires a single payment of the full judgment amount.
Idaho Writ of Execution For Garnishment On Small Claims Judgment
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FAQ
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.
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.
(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 garnishment merely freezes the debtor's property in the hands of the garnishee, but an execution requires the person holding the debtor's property to release it to the creditor.
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
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.
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.
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