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S1307................................................by JUDICIARY AND RULES
ATTACHMENTS - GARNISHMENTS - Amends existing law to clarify and enumerate
exemptions to attachment or garnishment to which a debtor may be entitled.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Stennett, Sweeney, Twiggs
Floor Sponsor - Dunklin
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Crow, Jones(9), Mr Speaker
Floor Sponsor - Bruneel
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 73
Effective: 07/01/98
S1307|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1307 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ATTACHMENTS AND GARNISHMENTS; AMENDING SECTION 8-507C, IDAHO CODE, 3 TO CLARIFY AND ENUMERATE THE EXEMPTIONS TO WHICH A DEBTOR MAY BE ENTITLED 4 AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 8-507C, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 8-507C. FORMS. The notice of exemptions, instructions to debtors and 9 third parties, and the claim of exemption shall be in a form substantially 10 similar to the form hereinafter provided. The forms shall be made available in 11 English and Spanish language translations in the offices of each county sher- 12 iff. Notice, written in Spanish, of the availability of these documents in 13sS panish translation shall be set forth on the 14 notice of exemptions. 15 IMPORTANT LEGAL NOTICE/NOTICIA LEGAL IMPORTANTE 16 MONEY/PERSONAL PROPERTY BELONGING TO YOU MAY HAVE BEEN TAKEN OR HELD 17 IN ORDER TO SATISFY A COURT JUDGMENT. YOU MAY BE ABLE TO GET YOUR 18 MONEY/PROPERTY BACK SO READ THIS NOTICE CAREFULLY. 19 SI SOLAMENTE HABLA ESPANOL PUEDE OBTENER UNA FORMA EN ESPANOL EN EL 20 DEPARTAMENTO DEL SHERIFE. 21 The enclosed writ of execution and/or notice of garnishment has directed the 22 sheriff to take custody by levying on your money and/or personal property in 23 order to satisfy a court judgment. 24 The sheriff has levied on your money and/or personal property. You have FOUR- 25 TEEN (14) DAYS after the date of mailing or personal service of these docu- 26 ments to file a claim of exemption with the sheriff. An exemption from levy 27 entitles you to obtain the release of your money and personal property. 28 The following is a partial list of money and personal property that may be 29 exempt from levy. EXEMPTIONS ARE PROVIDED BY IDAHO AND FEDERAL LAW AND CAN BE 30 FOUND IN THE IDAHO CODE AND IN THE UNITED STATES CODE. MOST OF THE EXEMPTIONS 31 PROVIDED BY THE STATE ARE CONTAINED IN CHAPTER 6, TITLE 11, IDAHO CODE. GOV- 32 ERNMENTAL BENEFITS SUCH AS SOCIAL SECURITY, SSI, VETERANS, RAILROAD RETIRE- 33 MENT, MILITARY, AND WELFARE ARE EXEMPT FROM LEVY IN MOST CASES UNDER FEDERAL 34 LAW. 35 This list may not be complete and may not include all exemptions that apply in 36 your case because of periodic changes in the law. Additionally, some of the 2 1 exemptions may not apply in full or under all circumstances. There may be spe- 2 cial requirements for child support. You or your attorney should read the 3 exemption statutes which apply to you. 4 If you believe the money or personal property that are being levied upon are 5 exempt, you should immediately file a claim of exemption. If you fail to make 6 a timely claim of exemption, the sheriff will release money to the plaintiff, 7 or the property may be sold at an execution sale, perhaps at a price substan- 8 tially below its value, and you may have to bring further court action to 9 recover the money and property. 10 The sheriff cannot give you legal advice. Therefore, if you have any questions 11 concerning your rights in this action, you should consult an attorney as soon 12 as possible. You may contact the nearest office of Idaho legal aid services, 13 inc. to inquire if you are eligible for their assistance. 14 SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED 15 Type of Money and Property 16 1. Alimony, support, maintenance (money or property) 17 2. Appliances (household) ($500 per item, up to $4,000 gross) 18 3. Annuity contract payments 19 4. Bodily injury and wrongful death awards* 20 5. Books (professional) up to $1,000 21 6. Burial plots 22 7. Child support payments* 23 8. Disability or illness benefits* 24 9. Furnishings (household) ($500 per item, up to $4,000 gross) 25 10. Health aids 26 11. Homestead, house, mobile home, and related structures 27 12. Jewelry (up to $250) 28 13. Life insurance benefits payable to spouse or dependent* 29 14. Medical and/or hospital benefits 30 15. Military retirement and survivors benefits 31 16. Motor vehicle: car, truck, motorcycle with a value of up to $1 , 32 500 per person 33 17. Pension: stock bonus, profit sharing annuity, or similar plans 34 18. Personal property: ($500 per item, up to $4,000 gross) (furnishings, 35 appliances, one firearm, pets, musical instruments, books, clothes, family 36 portraits and heirlooms) 37 19. Public assistance: federal, state, or local including: Aid to Aged, 38 Blind and Disabled (AABD); Aid to Dependent Children (AFDC); Aid to Perma- 39 nently and Totally Disabled (APTD) 40 20. Public Employees Benefits including Federal Civil Service Retirement, 41 Idaho Retirement and Disability 42 21. Railroad Retirement Benefits 43 22. Retirement, pension or profit sharing plan qualified by IRS 44 23. Social Security Disability and Retirement Benefits 45 24. SSI (Supplemental Security Insurance Benefits) 46 25. Tools of trade and implements up to $1,000 47 26. Unemployment benefits 48 27. Veterans benefits and insurance 49 28. Wages or salary: 50 Consumer debts primarily for personal or household purposes: exemp- 51 tion is 40 times the federal minimum wage or 25% of disposable 3 1 income, whichever is greater 2 Nonconsumer debts: exemption is 30 times the federal minimum wage or 3 25% of disposable income, whichever is greater 4 29. Worker's compensation 5 * To the extent reasonably necessary for support of family and if not com- 6 mingled with other funds. 7 INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES 8 In order to claim an exemption from execution and garnishment under Idaho 9 and federal law, you, the defendant, judgment debtor, or a third party, hold- 10 ing or known to have an interest in the money and/or personal property, must: 11 1. DELIVER OR MAIL A CLAIM OF EXEMPTION TO THE SHERIFF WHO LEVIED 12 UPON YOUR MONEY AND/OR PERSONAL PROPERTY AT (SHERIFF'S 13 STREET ADDRESS) , WITHIN FOURTEEN (14) DAYS AFTER MAILING OR 14 PERSONAL SERVICE OF THESE INSTRUCTIONS, NOTICE OF EXEMPTIONS AND 15 FORM FOR FILING A CLAIM OF EXEMPTION. IF YOU MAIL A CLAIM OF 16 EXEMPTION, IT MUST BE RECEIVED BY THE SHERIFF WITHIN THE FOUR- 17 TEEN (14) DAY PERIOD. 18 2. The sheriff has to notify the plaintiff or judgment creditor 19 within one (1) business day, excluding weekends and holidays, 20 that you filed a claim of exemption. The judgment creditor has 21 five (5) business days, excluding weekends and holidays, after 22 the date notice was provided that a claim of exemption was filed 23 with the sheriff, to file a motion with the court contesting the 24 claim of exemption. 25 3. If the judgment creditor notifies the sheriff that he will not 26 object to the claim of exemption or does not file a motion with 27 the court contesting the claim of exemption the sheriff will 28 immediately return the money and/or personal property or notify 29 the bank or depository institution to release the money and/or 30 personal property which has been levied upon. 31 4. IF THE JUDGMENT CREDITOR DOES FILE A MOTION WITH THE COURT CON- 32 TESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR OR ANY 33 INTERESTED THIRD PARTY, WILL RECEIVE A COPY OF THE MOTION AND 34 NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN NOT LESS THAN 35 FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER THE FILING DATE OF 36 THE MOTION. YOU SHOULD BE PREPARED TO EXPLAIN THE GROUNDS FOR 37 CLAIMING THE EXEMPTION IN COURT ON THE DATE AND TIME SET FOR THE 38 HEARING. YOU SHOULD BRING WHATEVER DOCUMENTS YOU HAVE TO SUPPORT 39 YOUR CLAIM. 40 5. This is a notice, not legal advice. If you have any questions 41 concerning your rights in this action, you should contact an 42 attorney as soon as possible. If you are low income and cannot 43 afford an attorney you may contact the nearest office of Idaho 44 Legal Aid Services, Inc. to inquire if they can assist you. 45 IN THE DISTRICT COURT OF THE ........ JUDICIAL DISTRICT 46 OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF .............. 47 ................, ) 48 Plaintiff(s), ) CASE NO. 49 vs. ) CLAIM OF EXEMPTION 50 ................, ) 4 1 Defendant(s). ) 2 .................. ) 3I, , state the following is true and correct:41.I claim an exemption from levy for the following 5 described money and/or property: 6 a.If bank or depository institution is garnished, the account con-7tains funds which areMoney, including money in a bank 8 account, which was paid to me or my family as : 9.....federal or state benefits from .....10.....proceeds from ......................11.....reasonably necessary for the support of12myself and13.....dependents because..................14 ..... Public assistance of any kind 15 ..... Social security or SSI 16 ..... Worker's compensation 17 ..... Unemployment benefits 18 ..... Child support 19 ..... Retirement, pension, or profit sharing ben- 20 efits 21 ..... Military or veteran's benefits 22 ..... Life insurance or other insurance 23 ..... Disability, illness, medical or hospital 24 benefits 25 ..... Alimony, support or maintenance 26 ..... Annuity contract benefits 27 ..... Bodily injury or wrongful death awards 28 29 ..... Other money (describe).............. 30 ..... Wages (Do not check this box until you have 31 first talked to your employer to see if he correctly calcu- 32 lated your exemption according to the formula under item 28 33 on the form entitle "SOME EXEMPTIONS TO WHICH YOU MAY BE 34 ENTITLED." Then check this box only if you believe your 35 employer's calculation is incorrect.) 36 b.If other money and/or property, describe:.......................37.....................................................................38.....................................................................39.....................................................................40.....................................................................41..............................................................42 Property: 43 ..... Professional books 44 ..... Burial plots 45 ..... Health aids 46 ..... Homestead, house, mobile home and related 47 structures 48 ..... Jewelry 49 ..... Car, truck or motorcycle 50 ..... Tools and implements 51 ..... Appliances, furnishings, firearms, pets, 52 musical instruments, books, clothes, family portraits and 5 1 heirlooms 2 ..... Other property (describe) 3 ...................... 4 Defendant or 5 Representative
STATEMENT OF PURPOSE
RS07494
This bill is one of a series of bills that the Justices
ofthe Supreme Court transmitted to the Governor in their
annual "defects in the laws" report under Art. 5, Sec. 25 of
the Idaho Constitution.
Section Idaho Code, prescribes the form that a
judgment debtor must use to claim an exemption from a
civil attachment or garnishment.
Certain language in this form has misled claimants into
claim:ing exemptions to which they are not entitled under the
law. This bill remedies this problem by improving the
exemption, form to describe with more specificity the items of
property that may be exempt from execution.
FISCAL NOTE
It is not anticipated that this amendment will have an
impact on state or local funds, except as it may save the
cost of court hearings schedule to litigate erroneous
exemption claims.
Contact Person:
Patricia a Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note
S 1307