Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Idaho Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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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 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).
Idaho Codes §11-703 and §11-709 allow a judgment creditor to execute upon credits, personal property or debts owing by the employer to the judgment debtor, but this is a one-time execution. There is no continuing garnishment language in these 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.
Generally, money you receive from Social Security income, pensions, veteran's benefits, spousal support, child support, and life insurance are exempt from garnishment.
Wage garnishments are controlled by the Federal Wage Garnishment Guidelines. The maximum amount the Sheriff can levy on each pay period is 25% of the debtor's disposable earnings.
(1) If a notice of garnishment is served upon a financial institution that has an account or accounts of the debtor, the financial institution shall conduct a garnishment review of all accounts in the name of the debtor before taking any action that may affect funds in those accounts.
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.