11-724. ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE. If the garnishee shall allege in his answer that he is indebted to the judgment debtor, but declare his belief under oath that the debt has been assigned to some other person, while naming such person, and the judgment creditor shall file a reply, denying the fact, or the force and validity of the alleged assignment, the court shall thereupon make an order requiring the alleged assignee to appear, on a day to be therein named, and show cause why the alleged assignment should not be disregarded. Such order shall be served upon the supposed assignee, if within the jurisdiction of the court, at least fifteen (15) days before the return day thereof. But, if he cannot be found, or is out of the jurisdiction of the court, he may be brought in by publication as in other civil cases; provided, that the order shall be published instead of the summons, and that such publication need only be made for three (3) weeks successively, and that the last insertion thereof need not be more than fifteen (15) days before the return day thereof.
History:
[11-724, added 2017, ch. 303, sec. 9, p. 812.]
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.