TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 7

GARNISHMENTS

11-703.  GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — financial institutionS. 

(1)(a)  Upon receiving written directions from the judgment creditor or his attorney that any person or corporation, public or private, has in his or its possession or control any credits or other personal property belonging to the judgment debtor, or owes any debt to the judgment debtor, the sheriff shall serve upon any such person or corporation identified in the judgment creditor’s written directions all of the following documents:

(i)  A copy of the writ;

(ii)  A notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ;

(iii)  A notice of exemptions available under federal and state law;

(iv)  Instructions to debtors and third parties for asserting a claim of exemption;

(v)  A form for making a claim of exemption; and

(vi)  If the garnishee is a financial institution, a search fee of seven dollars ($7.00) and the last known mailing address of the judgment debtor and, if known, a tax identification number that will enable the garnishee to identify the judgment debtor on its records.

(b)  The documents specified in paragraph (a)(iii) through paragraph (a)(v) of this subsection shall be in a form as provided in section 11-707, Idaho Code.

(2)  In case of service upon a corporation, including but not limited to any financial institution, the same may be had by delivering a copy of the papers to be served, if upon a private corporation, to any officer, manager or designated agent thereof and, if upon a public or municipal corporation, to the mayor, president of the council or board of trustees, or any presiding officer, or to the secretary or clerk thereof.

(3)  In the event a financial institution operates more than one (1) office where deposits are received within the state of Idaho, the banking or trust corporation may, by notifying the Idaho department of finance, designate a particular office for the service of attachment, execution and garnishment papers. Such office may be located either within or outside the state of Idaho. The Idaho department of finance shall post the list of such designated offices on its web page for access by the public.

(4)  If a financial institution operating more than one (1) office where deposits are received has designated a particular office for the attachment, execution, or garnishment, then service of such papers made on the office so designated shall be valid and effective as to moneys to the judgment debtor’s credit held in the possession or control of any of the financial institution’s branches or offices located within or outside the state of Idaho.

(5)  If service of the attachment, execution or garnishment papers is not made on the designated office of the financial institution, but instead is made on another office of the financial institution located in the state of Idaho, then service of such papers shall be valid and effective as to moneys to the judgment debtor’s credit in that particular office and as to other personal property belonging to the judgment debtor held in the possession or control of that particular office, but shall only become valid and effective as to moneys to the judgment debtor’s credit held in the possession or control of any of the financial institution’s other offices upon receipt of the attachment, execution or garnishment papers by the designated office. Such financial institution may, but is under no obligation to, transmit the original or a copy of the papers from the particular office served to the designated office.

(6)  Service on any financial institution is effective as against the moneys and other personal property to the judgment debtor’s credit which are in the possession or control of the financial institution named in the garnishment, but not any affiliate, parent or subsidiary not named. If the garnishment fails to sufficiently distinguish the financial institution from any affiliate, parent or subsidiary thereof, such that it is not clear which entity is intended to be the garnishee, the garnishment may be returned unsatisfied.

(7)  The provisions of this section and sections 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to any levy by execution pursuant to chapter 5, title 8, Idaho Code.

History:

[11-703, added 2017, ch. 303, sec. 9, p. 804; am. 2021, ch. 186, sec. 1, p. 509.]