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S1026..........................................by COMMERCE AND HUMAN RESOURCES
GARNISHMENT - Amends existing law relating to attachments and garnishments to
revise the legal notice form requirements to provide correct information
regarding garnishment limitations applicable to consumer debts.
01/23 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to Com/HuRes
01/31 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Cameron, Sorensen
Floor Sponsor - Goedde
Title apvd - to House
02/06 House intro - 1st rdg - to Com/HuRes
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23),
Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Barraclough, Field(18), Gagner, Kellogg, Schaefer,
Trail, Mr. Speaker
Floor Sponsor - Ringo
Title apvd - to Senate
03/03 To enrol
03/04 Rpt enrol - Pres signed
03/05 Sp signed
03/06 To Governor
03/11 Governor signed
Session Law Chapter 44
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1026
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO ATTACHMENTS AND GARNISHMENTS; AMENDING SECTION 8-507C, IDAHO CODE,
3 TO REVISE LEGAL NOTICE FORM REQUIREMENTS TO PROVIDE CORRECT INFORMATION
4 REGARDING GARNISHMENT LIMITATIONS APPLICABLE TO CONSUMER DEBTS AND TO MAKE
5 TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 8-507C, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 8-507C. FORMS. The notice of exemptions, instructions to debtors and
10 third parties, and the claim of exemption shall be in a form substantially
11 similar to the form hereinafter provided. The forms shall be made available in
12 English and Spanish language translations in the offices of each county sher-
13 iff. Notice, written in Spanish, of the availability of these documents in
14 Spanish translation shall be set forth on the 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 is exempt, you should immediately file a claim of exemption. If you fail to
6 make a timely claim of exemption, the sheriff will release money to the plain-
7 tiff, or the property may be sold at an execution sale, perhaps at a price
8 substantially below its value, and you may have to bring further court action
9 to 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 $5,000 gross)
18 3. Annuity contract payments
19 4. Bodily injury and wrongful death awards*
20 5. Books (professional) up to $1,500
21 6. Burial plots
22 7. Child support payments*
23 8. Disability or illness benefits*
24 9. Furnishings (household) ($500 per item, up to $5,000 gross)
25 10. Health aids
26 11. Homestead, house, mobile home, and related structures
27 12. Jewelry (up to $1,000)
28 13. Life insurance benefits payable to spouse or dependent*
29 14. Medical and/or hospital benefits
30 15. Military retirement and survivor's benefits
31 16. Motor vehicle: car, truck, motorcycle with a value of up to $3,000 per
32 person
33 17. Pension: stock bonus, profit sharing annuity, or similar plans
34 18. Personal property: ($500 per item, up to $5,000 gross) (furnishings,
35 appliances, one firearm, animals, musical instruments, books, clothes,
36 family 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 Employee's 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 $1,500
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 30 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 30. An unmatured life insurance contract other than a credit life insur-
6 ance contract
7 31. An aggregate interest, not to exceed $5,000, in any accrued dividend
8 or interest under, or loan value of, an unmatured life insurance contract
9 under which the insured is the individual or a person of whom the individ-
10 ual is a dependent
11 32. An aggregate interest in any tangible personal property, not to exceed
12 the value of $800
13 * To the extent reasonably necessary for support of family and if not com-
14 mingled with other funds.
15 INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES
16 In order to claim an exemption from execution and garnishment under Idaho
17 and federal law, you, the defendant, judgment debtor, or a third party, hold-
18 ing or known to have an interest in the money and/or personal property, must:
19 1. DELIVER OR MAIL A CLAIM OF EXEMPTION TO THE SHERIFF WHO LEVIED
20 UPON YOUR MONEY AND/OR PERSONAL PROPERTY AT (SHERIFF'S
21 STREET ADDRESS) , WITHIN FOURTEEN (14) DAYS AFTER MAILING OR
22 PERSONAL SERVICE OF THESE INSTRUCTIONS, NOTICE OF EXEMPTIONS AND
23 FORM FOR FILING A CLAIM OF EXEMPTION. IF YOU MAIL A CLAIM OF
24 EXEMPTION, IT MUST BE RECEIVED BY THE SHERIFF WITHIN THE FOUR-
25 TEEN (14) DAY PERIOD.
26 2. The sheriff has to notify the plaintiff or judgment creditor
27 within one (1) business day, excluding weekends and holidays,
28 that you filed a claim of exemption. The judgment creditor has
29 five (5) business days, excluding weekends and holidays, after
30 the date notice was provided that a claim of exemption was filed
31 with the sheriff, to file a motion with the court contesting the
32 claim of exemption.
33 3. If the judgment creditor notifies the sheriff that he will not
34 object to the claim of exemption or does not file a motion with
35 the court contesting the claim of exemption, the sheriff will
36 immediately return the money and/or personal property or notify
37 the bank or depository institution to release the money and/or
38 personal property which has been levied upon.
39 4. IF THE JUDGMENT CREDITOR DOES FILE A MOTION WITH THE COURT CON-
40 TESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR OR ANY
41 INTERESTED THIRD PARTY, WILL RECEIVE A COPY OF THE MOTION AND
42 NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN NOT LESS THAN
43 FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER THE FILING DATE OF
44 THE MOTION. YOU SHOULD BE PREPARED TO EXPLAIN THE GROUNDS FOR
45 CLAIMING THE EXEMPTION IN COURT ON THE DATE AND TIME SET FOR THE
46 HEARING. YOU SHOULD BRING WHATEVER DOCUMENTS YOU HAVE TO SUPPORT
47 YOUR CLAIM.
48 5. This is a notice, not legal advice. If you have any questions
49 concerning your rights in this action, you should contact an
50 attorney as soon as possible. If you are low income and cannot
51 afford an attorney you may contact the nearest office of Idaho
52 Legal Aid Services, Inc. to inquire if they can assist you.
4
1 IN THE DISTRICT COURT OF THE ........ JUDICIAL DISTRICT
2 OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ..............
3 ................, )
4 Plaintiff(s), ) CASE NO.
5 vs. ) CLAIM OF EXEMPTION
6 ................, )
7 Defendant(s). )
8 ................. )
9 I claim an exemption from levy for the following described money and/or
10 property:
11 a. Money, including money in a bank account, which was paid to me or my
12 family as:
13 ..... Public assistance of any kind
14 ..... Social security or SSI
15 ..... Worker's compensation
16 ..... Unemployment benefits
17 ..... Child support
18 ..... Retirement, pension, or profit sharing benefits
19 ..... Military or veteran's benefits
20 ..... Life insurance or other insurance
21 ..... Disability, illness, medical or hospital benefits
22 ..... Alimony, support or maintenance
23 ..... Annuity contract benefits
24 ..... Bodily injury or wrongful death awards
25 ..... Other money (describe).....................................
26 ..... Wages (Do not check this box until you have first talked to
27 your employer to see if he correctly calculated your exemp-
28 tion according to the formula under item 28 on the form
29 entitled "SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED."
30 Then check this box only if you believe your employer's
31 calculation is incorrect.)
32 b. Property:
33 ..... Professional books
34 ..... Burial plots
35 ..... Health aids
36 ..... Homestead, house, mobile home and related structures
37 ..... Jewelry
38 ..... Car, truck or motorcycle
39 ..... Tools and implements
40 ..... Appliances, furnishings, firearms, animals, musical instru-
41 ments, books, clothes, family portraits and heirlooms
42 ..... Other property (describe)
43 ...............
44 Defendant or
45 Representative
STATEMENT OF PURPOSE
RS 12574
In the 2000 legislative session, S 1465 was passed, amending
Idaho Code 28-45-104. A companion statute, 8-507C, was missed,
creating a conflict in current code. This bill will correct the
conflict.
FISCAL IMPACT
None
Contact
Name: Senator John Goedde
Phone: 332-1340
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1026
REVISED REVISED REVISED REVISE