Idaho Sample Letter for Judgment - Garnishment
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How to fill out Sample Letter For Judgment - Garnishment?
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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.
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.
A creditor must successfully sue you in Idaho district court before they can garnish your wages. If the creditor's debt collection lawsuit is successful, the judge will grant them a money judgment. This allows them to take money directly from your paycheck.
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. (Idaho Code Ann. § 11-207, § 11-712).
The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment).
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
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.
