An Idaho Writ of Execution (Idaho Writ of Ex) is a court order issued by a judge in Idaho that authorizes law enforcement to seize and sell a debtor's property to pay off a judgment. Idaho Writ of Ex is also known as a writ of garnishment and is used when a debtor fails to pay a court-ordered debt. The Idaho Writ of Ex is issued by the court and served upon the debtor, the debtor's employer, or other persons or entities holding the debtor's property. The writ requires that those in possession of the debtor's property turn over the funds or other property to the court for payment of the court-ordered debt. There are two types of Idaho Writ of Ex: a writ of execution and a writ of garnishment. The writ of execution is used to direct the sheriff or other law enforcement to seize and sell the debtor's property to satisfy the judgment. The writ of garnishment is used to direct a third party, such as a bank or employer, to turn over the debtor's assets to the court.
Idaho Writ of Ex
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FAQ
Employers are prohibited under the Consumer Credit Protection Act from terminating an employee whose earnings are subject to garnishment for one debt. The Act limits the amount of earnings that can be garnished in any one week. An employee can be terminated if two or more debts are subject to garnishments.
In all cases other than for the re- covery of money the judgment may be enforced or carried into execution af- ter the lapse of ten (10) years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemen- tal pleadings.
The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment
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.
Idaho Civil Statutes of Limitations at a Glance The state of Idaho imposes a two-year time limit for personal injury and medical malpractice claims. However, laws of the state also set a statute of limitations of three years for claims related to fraud, injury to personal property, and trespassing.
A Judgment expires 10 years from the date of judgment if it was entered on July 1, 2015 or later, and can be renewed for 10-year periods.
(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 Rules of Civil Proedure Rule 69. Execution. (a) In General. An appealable final judgment, or a partial judgment if certified as final under Rule 54(b), for the payment of money, or a court order for the payment of money, is enforced by a writ of execution unless the court directs otherwise.