H 460 — CIVIL ACTIONS – Amends existing law to revise provisions regarding garnishments and enforcement of judgments in civil actions.

460460, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS;

AMENDING SECTION 11-103, IDAHO CODE, TO REVISE PROVISIONS REGARDING EX-EXECUTIONS ECUTIONS AND RETURNS, AN EXECUTION BOOK, AND GARNISHMENT FOR CHILD SUP-SUPPORT PORT AND TO MAKE TECHNICAL CORRECTIONS;

AMENDING SECTION 11-107, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN EXECUTIONSEXECUTIONS, AND TO PROVIDE FOR THE ISSUANCE OF CERTAIN EXECUTIONS;EXECUTIONS, AND TO DEFINE A TERM;

AMENDING SECTION 11-203, IDAHO CODE, TO REVISE PROVISIONS REGARDING A CLAIM OF EXEMPTION BY A JUDG-JUDGMENT MENT DEBTOR OR THIRD PARTY, A MOTION TO CONTEST CLAIM AND HEARING, AND THE HOLDING AND RELEASE OF PROPERTY AND TO MAKE TECHNICAL CORRECTIONS;

AMENDING SECTION 11-703, IDAHO CODE, TO REVISE PROVISIONS REGARDINGRE- GARDING GARNISHMENT, SERVICE OF A WRIT OF EXECUTION OR GARNISHMENT, AND FINANCIAL INSTITUTIONS;

AMENDING SECTION 11-706, IDAHO CODE, TO REVISE PROVISIONS REGARDINGRE- GARDING DOCUMENTS TO BE PROVIDED BY JUDGMENT CREDITOR, DUTIES OF THE SHERIFF, SERVICE AND MAILING CRITERIA, AND TIME COMPUTATION;

AMENDING SECTION 11-709, IDAHO CODE, TO REVISE PROVISIONS REGARDING SERVICE ON A JUDG-JUDGMENT MENT DEBTOR AND THIRD PARTIES IN CERTAIN INSTANCES AND TO MAKE TECHNICAL CORRECTIONS;

AMENDING SECTIONSEC- TION 11-710, IDAHO CODE, TO REVISE PROVISIONS REGARDING SERVICE ON A JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION;

AMENDING SECTION 11-714, IDAHO CODE, TO REVISE PROVISIONS REGARDING A FINANCIAL INSTITUTION'S OBLIGATIONS WHEN SERVED WITH A WRIT OF GARNISHMENT;GARNISHMENT AND TO PROVIDE FOR THE FILING OF A NOTICE OF INTENT TO TERMINATE A WRIT OF GARNISHMENT IN CERTAIN INSTANCES;

AMENDING SECTION 11-715, IDAHO CODE, TO REVISE PROVI-PROVISIONS SIONS REGARDING THE LIABILITY OF A GARNISHEE;

AMENDING SECTION 11-728, IDAHO CODE, TO RE-REVISE VISE A PROVISION REGARDING A CERTAIN FEE FOR AN EMPLOYER;EM- PLOYER;

The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligently refer to the judg- ment, stating the court, the county where the judgment roll is filed, and the judgment debtor's name, last known address, and, if known, other person- ally identifying information, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money, or currency, the execution must also state the kind of money or cur-cur - rency in which the judgment is payable, and must require the sheriff substan- tially as follows:

(a(a1) 1) Except as provided in subsection (b(b2) 2) of this section, the execution may be made returnable at any time not less than ten (10) nor more than sixty (60) days after its receipt by the sheriff, issuance by the clerk of the court to the clerk with whom the judgment roll is filed.

(2) Where the execution is against money deposited within a financial institution as provided in section 11-703, Idaho Code, or against future moneys as may come due to said judgment debtor as a result of the judgment debtor's employment as provided in section 11-704, Idaho Code, it may be issuedis - sued either to the sheriff of the county where such garnishee is located or to the judgment creditor.

If an execution is issued to the judgment creditor, he must use a serving attorney.

"Serving attorney" means an attorney who is an active member of the Idaho state bar, as defined in section 3-405, Idaho Code.

CLAIM OF EXEMPTION BY DEFENDANT OR THIRD- PARTY CLAIM -- MO- TION TO CONTEST CLAIM AND HEARING -- HOLDING AND RELEASE OF PROPERTY BY SHER- IFF OR COURT.COURT .

(c6) The sheriff or plaintiffthe plaintiff's serving attorney as defined in section 11-107, Idaho Code, shall keep within his separate possession and not deliver to the plaintiff or sell or otherwise disperse or dispose of the property levied upon, except if perishable as provided by law, until the period for filing a claim has elapsed.

Any plaintiffserving attorney keeping property in his separate possession under this section must hold it in a client trust account as described in the Idaho bar commission rules and the Idaho rules of profesprofessional - sional conduct.

The sheriff or court shall refuse to accept or honor a claim not filed with him within that period and the sheriff or plaintiff, unless otherwise ordered by the court, shall, after such period has elapsed, pro-proceed ceed to sell or , deliver, or otherwise disperse or dispose of the property levied upon to the plaintiff or other person in whose favor the execution runs satisfy the judgment.

(2) The garnishment review shall be limited to the sixty-four (640)two (642) day month period immediately preceding the date of service upon the financialfinan- insti-cial tutioninstitution of the garnishment.

Solely for purposes of the garnishmentgarnish- ment review, any balance in the accounts on the sixty-fourth sixtieth day immediately preceding the date of service upon the financial institution of the garnish-garnish - ment corresponding date of the month two (2) months earlier, or on the last date of the month two (2) months earlier if the corresponding date does not exist, shall be deemed to be exempt.

If the financial institution determines,deter- mines, solely from information transmitted to the financial institution by the payor, that one (1) or more payments of exempt funds as described in sectionsec- tion 11-713(1), (2) or (3), Idaho Code, were deposited by direct or electronicelec- tronic deposit payment in an account of the debtor, the total balance of depositedde- posited exempt funds in the debtor account is not subject to garnishment.

(6) (a) If the financial institution has filed an answer and no fur- ther filing concerning the writ of garnishment is made within one hun - dred twenty (120) days after the filing of the answer, the garnishee may file, at any time thereafter, a notice of intent to terminate the writ of garnishment.

The notice shall:

(i) Contain a statement that a party may object to termination of the writ by filing a response within thirty (30) days after ser - vice;

and (ii) Be served on the judgment debtor and the judgment creditor.

(b) If no response is filed within thirty (30) days after service, the financial institution may file a termination of the garnishment, which shall release the financial institution from any further obligation to hold property of the debtor.