TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 6

EXEMPTION OF PROPERTY FROM ATTACHMENT OR LEVY

11-607.  Claims enforceable against exempt property. (1) Notwithstanding other provisions of this act:

(a)  A creditor may make a levy against exempt property except property described in section 11-603, Idaho Code, to enforce a claim for:

1.  Alimony, support, or maintenance;

2.  Unpaid earnings of up to one (1) month’s compensation or the full-time equivalent of one (1) month’s compensation for personal services of an employee;

3.  State or local taxes;

4.  Civil damages for offenses punishable by imprisonment in the state penitentiary, or for malicious or intentional injury to persons or property, or for damages resulting from the operation of a motor vehicle for which the defendant is convicted of reckless driving, driving while under the influence of intoxicating liquor or drugs, or driving while driver’s license has been suspended or revoked, or claims for obtaining money or property by false pretenses or on credit by intentionally making materially false statements in writing respecting financial condition; or

5.  Rent for any kind of dwelling place; claims for food and lodging; and

(b)  A creditor may make a levy against exempt property to enforce a claim for:

1.  The purchase price of the property or a loan made for the express purpose of enabling an individual to purchase property and used for that purpose; and

2.  Labor or materials furnished to make, repair, improve, preserve, store, or transport the property.

(c)  The department of health and welfare, bureau of child support enforcement may make a levy against exempt property described in subsection (6) of section 11-603, Idaho Code, to enforce a claim for child support or spousal support as defined in chapter 12, title 7, Idaho Code.

(2)  This act does not affect any statutory lien or security interest in exempt property. Such a security agreement shall not be invalidated in or affected by any legal proceedings, including those under the federal bankruptcy act, involving the debtor.

History:

[11-607, added 1978, ch. 348, sec. 1, p. 912; am. 1981, ch. 81, sec. 1, p. 114; am. 1985, ch. 159, sec. 8, p. 425; am. 1986, ch. 221, sec. 4, p. 587; am. 1989, ch. 88, sec. 58, p. 197.]