11-705. SHERIFF’S RETURN ON CONTINUOUS WAGE GARNISHMENT AND CONTINUOUS GARNISHMENT FOR CHILD SUPPORT. (1) In the case of continuing garnishments for wages, the sheriff shall file interim returns at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least one hundred dollars ($100), but in any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed sixty (60) days.
(2) Where an execution or garnishment against earnings or unemployment benefits for a delinquent child support obligation is served upon any person or upon the state of Idaho and there is in possession of such person or the state of Idaho any such earnings or any unemployment benefits of the judgment debtor, the execution and the garnishment shall operate continuously and shall require such person or the state of Idaho to withhold the nonexempt portion of earnings or unemployment benefits at each succeeding earnings or unemployment benefits disbursement interval until released by the sheriff at the written request of the judgment creditor or until the judgment for child support debt, in the dollar amount specifically set forth on the writ of execution and subject to garnishment as of the date the writ of execution is issued, is discharged or satisfied in full; provided however, that interim returns on such continuous execution or garnishment shall be filed by the sheriff at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least equal to fifty dollars ($50.00), but in any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed thirty (30) days. The proportion of earnings subject to garnishment as compared to total available earnings or unemployment benefits shall be limited to the percentage restrictions on garnishment of wages for child support as provided in section 11-712, Idaho Code.
History:
[11-705, added 2017, ch. 303, sec. 9, p. 805.]
Structure Idaho Code
Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS
Section 11-702 - TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK.
Section 11-703 - GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — FINANCIAL INSTITUTIONS.
Section 11-704 - EMPLOYER — CONTINUOUS GARNISHMENT.
Section 11-708 - INTERROGATORIES SUBMITTED TO GARNISHEE.
Section 11-709 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF.
Section 11-710 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION.
Section 11-711 - CLAIM OF EXEMPTION BY JUDGMENT DEBTOR.
Section 11-712 - RESTRICTION ON WAGE GARNISHMENT — MAXIMUM.
Section 11-713 - DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT.
Section 11-714 - FINANCIAL INSTITUTION OBLIGATIONS WHEN SERVED WITH WRIT OF GARNISHMENT.
Section 11-715 - LIABILITY OF GARNISHEE.
Section 11-716 - NOTICE OF GARNISHMENT — DISCHARGE OF GARNISHEE.
Section 11-717 - EXAMINATION OF GARNISHEE.
Section 11-718 - DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.
Section 11-719 - ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.
Section 11-720 - EXCEPTION TO ANSWER — AMENDMENT.
Section 11-721 - DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.
Section 11-722 - JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.
Section 11-723 - JUDGMENT AGAINST GARNISHEE.
Section 11-724 - ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.
Section 11-725 - ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.
Section 11-726 - LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.
Section 11-727 - LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.
Section 11-728 - FEE FOR EMPLOYER — GARNISHEE.
Section 11-729 - SHERIFF FEE FOR SERVICE.