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ID S1411
Bill
Status
3/22/2012
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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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.
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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).
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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.
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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.
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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