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ID S1411

Bill

Status

Introduced

3/22/2012

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Authorizes serving attorneys (licensed Idaho attorneys with employees under their direct supervision) to serve garnishment writs and related documents, previously handled only by sheriffs, for bank garnishments, wage garnishments, and other money garnishments.

  • Establishes duties and procedures for serving attorneys and sheriffs regarding service of garnishment documents on defendants, third parties, and garnishees within specified timeframes (1-2 business days).

  • Permits serving attorneys to charge reasonable fees for services and a commission of 1.5% on the first $1,000 and 0.5% on amounts over $1,000 (capped at $75.00) for receiving and paying over money on execution.

  • Revises notice forms and exemption procedures to inform judgment debtors of available exemptions under state and federal law and establish a 14-day period to file claims of exemption.

  • Clarifies that executions for bank garnishments, wage garnishments, and other money garnishments may be issued to a serving attorney in addition to sheriffs, streamlining the garnishment process.

Legislative Description

Amends and adds to existing law to provide that a serving attorney has certain duties and powers relating to garnishments.

GARNISHMENTS

Last Action

to Jud

3/23/2012

Committee Referrals

Judiciary and Rules3/23/2012

Full Bill Text

No bill text available