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S1306................................................by JUDICIARY AND RULES PROPERTY - ATTACHMENT - Amends existing law to increase and add exemptions from levy to be consistent with existing law; and to clarify that an exemption from attachment or levy applied to an individual's aggregate interest in tangible personal property is not to exceed eight hundred dollars. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 28-2-5 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Thorne, Wheeler, Williams NAYS--Stennett, Whitworth Absent and excused--Branch, Ingram, Ipsen, Parry, Sorensen Floor Sponsor - Davis Title apvd - to House 02/15 House intro - 1st rdg - to Jud 03/28 Rpt out - rec d/p - to 2nd rdg 03/29 2nd rdg - to 3rd rdg 04/03 3rd rdg - PASSED - 67-0-3 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Crow, Mr Speaker Floor Sponsor - Sellman Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/12 Governor signed Session Law Chapter 231 Effective: 04/12/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1306 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS; AMENDING SECTION 3 8-507C, IDAHO CODE, TO INCREASE AND ADD EXEMPTIONS FROM LEVY TO MAKE THE 4 CODE SECTION CONSISTENT WITH EXISTING LAW AND TO MAKE A TECHNICAL CORREC- 5 TION; AMENDING SECTION 11-605, IDAHO CODE, TO CLARIFY THAT AN EXEMPTION 6 FROM ATTACHMENT OR LEVY APPLIES TO AN INDIVIDUAL'S AGGREGATE INTEREST IN 7 TANGIBLE PERSONAL PROPERTY NOT TO EXCEED EIGHT HUNDRED DOLLARS AND TO MAKE 8 TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 8-507C, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 8-507C. FORMS. The notice of exemptions, instructions to debtors and 13 third parties, and the claim of exemption shall be in a form substantially 14 similar to the form hereinafter provided. The forms shall be made available in 15 English and Spanish language translations in the offices of each county sher- 16 iff. Notice, written in Spanish, of the availability of these documents in 17 Spanish translation shall be set forth on the notice of exemptions. 18 IMPORTANT LEGAL NOTICE/NOTICIA LEGAL IMPORTANTE 19 MONEY/PERSONAL PROPERTY BELONGING TO YOU MAY HAVE BEEN TAKEN OR HELD 20 IN ORDER TO SATISFY A COURT JUDGMENT. YOU MAY BE ABLE TO GET YOUR 21 MONEY/PROPERTY BACK SO READ THIS NOTICE CAREFULLY. 22 SI SOLAMENTE HABLA ESPANOL PUEDE OBTENER UNA FORMA EN ESPANOL EN EL 23 DEPARTAMENTO DEL SHERIFE. 24 The enclosed writ of execution and/or notice of garnishment has directed the 25 sheriff to take custody by levying on your money and/or personal property in 26 order to satisfy a court judgment. 27 The sheriff has levied on your money and/or personal property. You have FOUR- 28 TEEN (14) DAYS after the date of mailing or personal service of these docu- 29 ments to file a claim of exemption with the sheriff. An exemption from levy 30 entitles you to obtain the release of your money and personal property. 31 The following is a partial list of money and personal property that may be 32 exempt from levy. EXEMPTIONS ARE PROVIDED BY IDAHO AND FEDERAL LAW AND CAN BE 33 FOUND IN THE IDAHO CODE AND IN THE UNITED STATES CODE. MOST OF THE EXEMPTIONS 34 PROVIDED BY THE STATE ARE CONTAINED IN CHAPTER 6, TITLE 11, IDAHO CODE. GOV- 35 ERNMENTAL BENEFITS SUCH AS SOCIAL SECURITY, SSI, VETERANS, RAILROAD RETIRE- 36 MENT, MILITARY, AND WELFARE ARE EXEMPT FROM LEVY IN MOST CASES UNDER FEDERAL 37 LAW. 2 1 This list may not be complete and may not include all exemptions that apply in 2 your case because of periodic changes in the law. Additionally, some of the 3 exemptions may not apply in full or under all circumstances. There may be spe- 4 cial requirements for child support. You or your attorney should read the 5 exemption statutes which apply to you. 6 If you believe the money or personal property that are being levied upon are 7 exempt, you should immediately file a claim of exemption. If you fail to make 8 a timely claim of exemption, the sheriff will release money to the plaintiff, 9 or the property may be sold at an execution sale, perhaps at a price substan- 10 tially below its value, and you may have to bring further court action to 11 recover the money and property. 12 The sheriff cannot give you legal advice. Therefore, if you have any questions 13 concerning your rights in this action, you should consult an attorney as soon 14 as possible. You may contact the nearest office of Idaho legal aid services, 15 inc. to inquire if you are eligible for their assistance. 16 SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED 17 Type of Money and Property 18 1. Alimony, support, maintenance (money or property) 19 2. Appliances (household) ($500 per item, up to $ 45,000 gross) 20 3. Annuity contract payments 21 4. Bodily injury and wrongful death awards* 22 5. Books (professional) up to $1, 0500 23 6. Burial plots 24 7. Child support payments* 25 8. Disability or illness benefits* 26 9. Furnishings (household) ($500 per item, up to $ 45,000 gross) 27 10. Health aids 28 11. Homestead, house, mobile home, and related structures 29 12. Jewelry (up to $ 251,000) 30 13. Life insurance benefits payable to spouse or dependent* 31 14. Medical and/or hospital benefits 32 15. Military retirement and survivors benefits 33 16. Motor vehicle: car, truck, motorcycle with a value of up to 34 $ 1,5003,000 per person 35 17. Pension: stock bonus, profit sharing annuity, or similar plans 36 18. Personal property: ($500 per item, up to $ 45,000 gross) (furnishings, 37 appliances, one firearm, petsanimals, musical instruments, books, 38 clothes, family portraits and heirlooms) 39 19. Public assistance: federal, state, or local including: Aid to Aged, 40 Blind and Disabled (AABD); Aid to Dependent Children (AFDC); Aid to Perma- 41 nently and Totally Disabled (APTD) 42 20. Public Employees Benefits including Federal Civil Service Retirement, 43 Idaho Retirement and Disability 44 21. Railroad Retirement Benefits 45 22. Retirement, pension or profit sharing plan qualified by IRS 46 23. Social Security Disability and Retirement Benefits 47 24. SSI (Supplemental Security Insurance Benefits) 48 25. Tools of trade and implements up to $1, 0500 49 26. Unemployment benefits 50 27. Veterans benefits and insurance 51 28. Wages or salary: 3 1 Consumer debts primarily for personal or household purposes: exemp- 2 tion is 40 times the federal minimum wage or 25% of disposable 3 income, whichever is greater 4 Nonconsumer debts: exemption is 30 times the federal minimum wage or 5 25% of disposable income, whichever is greater 6 29. Worker's compensation 7 30. An unmatured life insurance contract other than a credit life insur- 8 ance contract 9 31. An aggregate interest, not to exceed $5,000, in any accrued dividend 10 or interest under, or loan value of, an unmatured life insurance contract 11 under which the insured is the individual or a person of whom the individ- 12 ual is a dependent 13 32. An aggregate interest in any tangible personal property, not to 14 exceed the value of $800 15 * To the extent reasonably necessary for support of family and if not com- 16 mingled with other funds. 17 INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES 18 In order to claim an exemption from execution and garnishment under Idaho 19 and federal law, you, the defendant, judgment debtor, or a third party, hold- 20 ing or known to have an interest in the money and/or personal property, must: 21 1. DELIVER OR MAIL A CLAIM OF EXEMPTION TO THE SHERIFF WHO LEVIED 22 UPON YOUR MONEY AND/OR PERSONAL PROPERTY AT (SHERIFF'S 23 STREET ADDRESS) , WITHIN FOURTEEN (14) DAYS AFTER MAILING OR 24 PERSONAL SERVICE OF THESE INSTRUCTIONS, NOTICE OF EXEMPTIONS AND 25 FORM FOR FILING A CLAIM OF EXEMPTION. IF YOU MAIL A CLAIM OF 26 EXEMPTION, IT MUST BE RECEIVED BY THE SHERIFF WITHIN THE FOUR- 27 TEEN (14) DAY PERIOD. 28 2. The sheriff has to notify the plaintiff or judgment creditor 29 within one (1) business day, excluding weekends and holidays, 30 that you filed a claim of exemption. The judgment creditor has 31 five (5) business days, excluding weekends and holidays, after 32 the date notice was provided that a claim of exemption was filed 33 with the sheriff, to file a motion with the court contesting the 34 claim of exemption. 35 3. If the judgment creditor notifies the sheriff that he will not 36 object to the claim of exemption or does not file a motion with 37 the court contesting the claim of exemption the sheriff will 38 immediately return the money and/or personal property or notify 39 the bank or depository institution to release the money and/or 40 personal property which has been levied upon. 41 4. IF THE JUDGMENT CREDITOR DOES FILE A MOTION WITH THE COURT CON- 42 TESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR OR ANY 43 INTERESTED THIRD PARTY, WILL RECEIVE A COPY OF THE MOTION AND 44 NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN NOT LESS THAN 45 FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER THE FILING DATE OF 46 THE MOTION. YOU SHOULD BE PREPARED TO EXPLAIN THE GROUNDS FOR 47 CLAIMING THE EXEMPTION IN COURT ON THE DATE AND TIME SET FOR THE 48 HEARING. YOU SHOULD BRING WHATEVER DOCUMENTS YOU HAVE TO SUPPORT 49 YOUR CLAIM. 50 5. This is a notice, not legal advice. If you have any questions 51 concerning your rights in this action, you should contact an 52 attorney as soon as possible. If you are low income and cannot 4 1 afford an attorney you may contact the nearest office of Idaho 2 Legal Aid Services, Inc. to inquire if they can assist you. 3 IN THE DISTRICT COURT OF THE ........ JUDICIAL DISTRICT 4 OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF .............. 5 ................, ) 6 Plaintiff(s), ) CASE NO. 7 vs. ) CLAIM OF EXEMPTION 8 ................, ) 9 Defendant(s). ) 10 ................. ) 11 I claim an exemption from levy for the following described money and/or 12 property: 13 a. Money, including money in a bank account, which was paid to me or my 14 family as: 15 ..... Public assistance of any kind 16 ..... Social security or SSI 17 ..... Worker's compensation 18 ..... Unemployment benefits 19 ..... Child support 20 ..... Retirement, pension, or profit sharing benefits 21 ..... Military or veteran's benefits 22 ..... Life insurance or other insurance 23 ..... Disability, illness, medical or hospital benefits 24 ..... Alimony, support or maintenance 25 ..... Annuity contract benefits 26 ..... Bodily injury or wrongful death awards 27 ..... Other money (describe)..................................... 28 ..... Wages (Do not check this box until you have first talked to 29 your employer to see if he correctly calculated your exemp- 30 tion according to the formula under item 28 on the form 31 entitled "SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED." 32 Then check this box only if you believe your employer's 33 calculation is incorrect.) 34 b. Property: 35 ..... Professional books 36 ..... Burial plots 37 ..... Health aids 38 ..... Homestead, house, mobile home and related structures 39 ..... Jewelry 40 ..... Car, truck or motorcycle 41 ..... Tools and implements 42 ..... Appliances, furnishings, firearms, petsanimals, musical 43 instruments, books, clothes, family portraits and heir- 44 looms 45 ..... Other property (describe) 46 ...................... 47 Defendant or 48 Representative 49 SECTION 2. That Section 11-605, Idaho Code, be, and the same is hereby 50 amended to read as follows: 5 1 11-605. EXEMPTIONS OF PERSONAL PROPERTY SUBJECT TO VALUE LIMITATIONS. (1) 2 An individual is entitled to exemption of the following property to the extent 3 of a value not exceeding five hundred dollars ($500) on any one (1) item of 4 property and not to exceed a total value of five thousand dollars ($5,000) for 5 all items exempted under this subsection: 6 (a) hHousehold furnishings, household goods, and appliances held primar- 7 ily for the personal, family, or household use of the individual or a 8 dependent of the individual; 9 (b) iIf reasonably held for the personal use of the individual or a 10 dependent, wearing apparel, animals, books, and musical instruments; and 11 (c) fFamily portraits and heirlooms of particular sentimental value to 12 the individual. 13 (2) An individual is entitled to exemption of jewelry, not exceeding one 14 thousand dollars ($1,000) in aggregate value, if held for the personal use of 15 the individual. 16 (3) An individual is entitled to exemption, not exceeding one thousand 17 five hundred dollars ($1,500) in aggregate value, of implements, professional 18 books, and tools of the trade; and to an exemption of one (1) motor vehicle to 19 the extent of a value not exceeding three thousand dollars ($3,000). 20 (4) All courthouses, jails, public offices and buildings, school houses21 schoolhouses, lots, grounds and personal property appertaining thereto, the 22 fixtures, furniture, books, papers and appurtenances belonging and pertaining 23 to the courthouse, jail and public offices belonging to any county of this 24 state, or for the use of schools, and all cemeteries, public squares, parks 25 and places, public buildings, town halls, markets, buildings for the use of 26 fire departments and military organizations, and the lots and grounds thereto 27 belonging and appertaining, owned or held by any town or incorporated city, or 28 dedicated by such town or city to health, ornament or public use, or for the 29 use of any fire or military company organized under the laws of this state. No 30 article or species of property mentioned in this section is exempt from execu- 31 tion issued upon a judgment recovered for its price or upon a mortgage 32 thereon. 33 (5) All arms, uniforms and accouterments required for the use of an indi- 34 vidual as a peace officer, a member of the national guard or military service. 35 (6) A water right not to exceed one hundred sixty (160) inches of water 36 used for the irrigation of lands actually cultivated by the individual, and 37 the crop or crops growing or grown on fifty (50) acres of land, leased, owned 38 or possessed by an individual cultivating the same, provided, that the amount 39 of the crops so exempted shall not exceed the value of one thousand dollars 40 ($1,000). 41 (7) An individual is entitled to exemption of one (1) firearm valued at 42 less than five hundred dollars ($500). 43 (8) Any unmatured life insurance contract owned by an individual, other 44 than a credit life insurance contract. 45 (9) An individual's aggregate interest, not to exceed five thousand dol- 46 lars ($5,000) in any accrued dividend or interest under, or loan value of, any 47 unmatured life insurance contract owned by the individual under which the 48 insured is the individual or a person of whom the individual is a dependent. 49 (10) An individual's aggregate interest in any tangible personal property, 50 not to exceed the value of eight hundred dollars ($800). 51 SECTION 3. An emergency existing therefor, which emergency is hereby 52 declared to exist, this act shall be in full force and effect on and after its 53 passage and approval.
STATEMENT OF PURPOSE RS 09705 To provide a limitation on 11-605(a) (10) for tangible personal property only. Thus preserving the rights of wage and other garnishment. In addition, to correct the debtor's claim of exemption notice to be consistent with Idaho Code section 11-605. FISCAL NOTE No Fiscal impact is anticipated. Contact: Senator Bart Davis 332-1345 STATEMENT OF PURPOSE/ FISCAL NOTE S1306