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ID S1137

Bill

Status

Introduced

3/4/2013

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2013 Regular Session

AI Summary

Senate Bill 1137 Summary

  • Permits serving attorneys (licensed Idaho attorneys) to handle garnishments, executions, and attachments alongside sheriffs, with authority to serve documents and collect money

  • Establishes service requirements for garnishment documents including writs, exemption notices, instructions, and claim of exemption forms, with specific timelines (2 business days for defendants, 1 business day for banks)

  • Adds Spanish language forms and expanded notice requirements to inform defendants and third parties of available exemptions under Idaho and federal law, with 14-day deadline to file exemption claims

  • Creates new fee structure allowing serving attorneys to charge reasonable fees (not exceeding county sheriff fees) plus a commission of 1.5% on first $1,000 and 0.5% on amounts above, capped at $75 per case

  • Prohibits serving attorneys from being summoned as garnishees and clarifies that wage garnishment executions can be issued to either sheriffs or serving attorneys in any county

Legislative Description

Amends and adds to existing law relating to garnishments.

GARNISHMENTS

Last Action

Reported Printed; referred to Judiciary & Rules

3/5/2013

Committee Referrals

Judiciary and Rules3/4/2013

Full Bill Text

No bill text available