Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.
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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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.
Generally, money you receive from Social Security income, pensions, veteran's benefits, spousal support, child support, and life insurance are exempt from garnishment.
While states are free to impose stricter limits, Idaho law is the same as federal law. On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.
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.
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.
A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods. If the creditor does not collect on or renew the judgment within the five year period, they cannot force the debtor to pay...
Idaho Wage Garnishment Rules Re child support orders, the maximum amount that can be withheld runs between 50 (if the employee is supporting another spouse and/or children) and 65% (if the employee is not supporting another spouse and/or children and is at least 12 weeks in arrears in making support payments).
