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ID H0449

Bill

Status

Engrossed

2/25/2014

Primary Sponsor

Judiciary, Rules and Administration Committee

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

House Bill 449 - Garnishments Summary

  • Establishes "serving attorney" as an alternative to sheriffs for wage garnishments and other collection actions, defined as an active Idaho State Bar member

  • Permits serving attorneys to charge fees up to $40.00 per case for wage garnishment, execution levies, and money collection, plus $5.00 for each interim return on continuing garnishments

  • Revises service procedures for garnishment writs to allow certified mail or first-class mail with facsimile acknowledgment as alternatives to personal service

  • Updates exemption claim procedures to require 14-day filing deadline (calculated with intervening weekends/holidays included) and provides forms in English and Spanish

  • Makes technical corrections and clarifications to garnishment statutes including terminology changes from "plaintiff" to "judgment creditor" and references to "serving attorney" throughout Chapters 8 and 11 of Idaho Code

Legislative Description

Amends and adds to existing law relating to garnishments.

GARNISHMENTS

Last Action

Introduced, read first time; referred to: Judiciary & Rules

2/25/2014

Full Bill Text

No bill text available