TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 7

GARNISHMENTS

11-704.  EMPLOYER — CONTINUOUS GARNISHMENT. When the garnishee is the employer of the judgment debtor, the judgment creditor, upon application to the court, shall have issued by the clerk of court, a continuing garnishment directing the employer-garnishee to pay to the sheriff such future moneys coming due to the judgment debtor as may come due to said judgment debtor as a result of the judgment debtor’s employment. This continuing garnishment shall continue in force and effect until the judgment is satisfied. The judgment creditor shall be solely responsible for ensuring that the amounts garnished do not exceed the amount due on the judgment. If additional garnishments are issued during the term of a continuing garnishment and the continuing garnishment is the maximum allowed under the provisions of section 11-712, Idaho Code, the additional garnishments cannot be served until the continuing garnishment is satisfied, or until the amount taken by the continuing garnishment is less than the maximum allowed. Additional garnishments issued during the term of a continuing garnishment must be served in the order in which presented.

History:

[11-704, added 2017, ch. 303, sec. 9, p. 805.]