TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 1

EXECUTIONS

11-108.  Execution of civil judgments against prisoners. (1) For purposes of this section, the county sheriffs and the department of correction are exempt from the requirements of title 8 and title 11, Idaho Code. However, nothing in this section shall prevent the county, county sheriffs or department of correction from pursuing formal execution of judgments through writs of execution under title 11, Idaho Code, or writs of attachment and possession under title 8, Idaho Code.

(2)  Whenever a judgment is entered against a prisoner pursuant to section 12-120, 12-121 or 12-122, Idaho Code, the county, county sheriff or department of correction may collect the amount of the judgment from the prisoner by direct levy against the prisoner’s inmate account and/or personal property in his possession at the county jail or state prison. In pursuit of such collection efforts, the following applies:

(a)  The county, county sheriff or department of correction may continue to levy against the prisoner’s inmate account and personal property as it becomes available until the amount of the judgment is fully satisfied;

(b)  Funds collected from an inmate account shall be credited in full towards satisfaction of the judgment;

(c)  A prisoner’s personal property may be sold to the jail or prison commissary as used goods, with the value to be determined by the county sheriff or the department of correction, respectively.

(3)  For purposes of this section, prisoners shall not be entitled to claim exempt property under sections 11-201 through 11-207, Idaho Code, or 11-601 through 11-608, Idaho Code, with respect to funds in their inmate accounts and personal property in their possession at a county jail or a state prison.

History:

[11-108, added 1996, ch. 420, sec. 1, p. 1399.]