Idaho State Statutes - Idaho Attorney Directory

SERVICE ON DEFENDANT AND THIRD PARTIES BY BANK OR DEPOSITORY
INSTITUTION. If the writ and notice of garnishment are served upon a bank or
other depository institution holding money or accounts belonging to the
defendant, the garnishee shall within one (1) business day after such service,
mail or hand deliver a copy of all documents served upon it by the sheriff:
(a) To the defendant at the address to which account statements or other
pertinent account documentation are normally sent, or if the money is not in
an account, to the last known address of the defendant shown upon the records
of the garnishee at the time of service upon it of the writ; and
(b) To any other person shown upon the records of the garnishee as a
co-owner or having an interest in the money or accounts garnished at the last
known address of the third party shown upon the records of the garnishee at
the time of service upon it of the writ.
The bank or depository institution shall be entitled to deduct a single
fee of not to exceed ten dollars ($10.00) from the money transferred to the
sheriff pursuant to the garnishment to cover the costs associated with the
processing and service of the documents. The fee herein provided shall be the
only processing and service fee to which the bank or depository institution is
entitled regardless of the number of parties to which documents are sent and
is in addition to the search fee specified in subsection (a)(6) of section
8-507, Idaho Code. Upon being notified by the sheriff that money transferred
pursuant to the garnishment has been released as a result of a court
determination that the money is exempt or a failure by the plaintiff to
contest the claim of exemption, the garnishee shall recredit the fee to the
defendant's account or reimburse the defendant therefor and the plaintiff
shall reimburse the garnishee for the fee.
The garnishee shall indicate in the answer to interrogatories as provided
in section 8-511, Idaho Code, the date and manner of service of the documents
upon the defendant and any third party as herein required but shall not be
required to disclose the names or addresses of any third party served.
The garnishee shall only be required to serve on the defendant and any
third party copies of those documents served upon it by the sheriff.

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