Idaho Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
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Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

Idaho Code §11-701 and §11-704 describe that a continuous garnishment that is served upon an employer of a judgment debtor ?shall continue in force and effect until the judgment is satisfied.? Stated otherwise, the wages and salary, etc.

11-703. GARNISHMENT -- SERVICE OF WRIT OF EXECUTION OR GARNISHMENT -- FINANCIAL INSTITUTIONS.

Anyone who is in possession or control of property or money of a debtor can be served with a Writ of Execution and Garnishment. The Garnishment orders the party in possession to turn over that property to the Sheriff who served the order.

Idaho's wage garnishment laws are the same as federal wage garnishment laws. For the most part, creditors with judgments can take only 25% of your wages. But in some cases, you could lose more to a garnishment. Get debt relief now.

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.

Generally, money you receive from Social Security income, pensions, veteran's benefits, spousal support, child support, and life insurance are exempt from garnishment.

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Idaho Motion to Discharge or Quash Writ of Garnishment