Idaho State Statutes - Idaho Attorney Directory

The notice of exemptions, instructions to debtors and
third parties, and the claim of exemption shall be in a form substantially
similar to the form hereinafter provided. The forms shall be made available in
English and Spanish language translations in the offices of each county
sheriff. Notice, written in Spanish, of the availability of these documents in
Spanish translation shall be set forth on the notice of exemptions.

IMPORTANT LEGAL NOTICE/NOTICIA LEGAL IMPORTANTE

MONEY/PERSONAL PROPERTY BELONGING TO YOU MAY HAVE BEEN TAKEN OR HELD
IN ORDER TO SATISFY A COURT JUDGMENT. YOU MAY BE ABLE TO GET YOUR
MONEY/PROPERTY BACK SO READ THIS NOTICE CAREFULLY.

SI SOLAMENTE HABLA ESPANOL PUEDE OBTENER UNA FORMA EN ESPANOL EN EL
DEPARTAMENTO DEL SHERIFE.

The enclosed writ of execution and/or notice of garnishment has directed the
sheriff to take custody by levying on your money and/or personal property in
order to satisfy a court judgment.

The sheriff has levied on your money and/or personal property. You have
FOURTEEN (14) DAYS after the date of mailing or personal service of these
documents to file a claim of exemption with the sheriff. An exemption from
levy entitles you to obtain the release of your money and personal property.

The following is a partial list of money and personal property that may be
exempt from levy. EXEMPTIONS ARE PROVIDED BY IDAHO AND FEDERAL LAW AND CAN BE
FOUND IN THE IDAHO CODE AND IN THE UNITED STATES CODE. MOST OF THE EXEMPTIONS
PROVIDED BY THE STATE ARE CONTAINED IN CHAPTER 6, TITLE 11, IDAHO CODE.
GOVERNMENTAL BENEFITS SUCH AS SOCIAL SECURITY, SSI, VETERANS, RAILROAD
RETIREMENT, MILITARY, AND WELFARE ARE EXEMPT FROM LEVY IN MOST CASES UNDER
FEDERAL LAW.

This list may not be complete and may not include all exemptions that apply in
your case because of periodic changes in the law. Additionally, some of the
exemptions may not apply in full or under all circumstances. There may be
special requirements for child support. You or your attorney should read the
exemption statutes which apply to you.

If you believe the money or personal property that are being levied upon is
exempt, you should immediately file a claim of exemption. If you fail to make
a timely claim of exemption, the sheriff will release money to the plaintiff,
or the property may be sold at an execution sale, perhaps at a price
substantially below its value, and you may have to bring further court action
to recover the money and property.

The sheriff cannot give you legal advice. Therefore, if you have any questions
concerning your rights in this action, you should consult an attorney as soon
as possible. You may contact the nearest office of Idaho legal aid services,
inc. to inquire if you are eligible for their assistance.

SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED

Type of Money and Property
1. Alimony, support, maintenance (money or property)
2. Appliances (household) ($500 per item, up to $5,000 gross)
3. Annuity contract payments
4. Bodily injury and wrongful death awards*
5. Books (professional) up to $1,500
6. Burial plots
7. Child support payments*
8. Disability or illness benefits*
9. Furnishings (household) ($500 per item, up to $5,000 gross)
10. Health aids
11. Homestead, house, mobile home, and related structures
12. Jewelry (up to $1,000)
13. Life insurance benefits payable to spouse or dependent*
14. Medical and/or hospital benefits
15. Military retirement and survivor's benefits
16. Motor vehicle: car, truck, motorcycle with a value of up to $3,000 per
person
17. Pension: stock bonus, profit sharing annuity, or similar plans
18. Personal property: ($500 per item, up to $5,000 gross) (furnishings,
appliances, one firearm, animals, musical instruments, books, clothes,
family portraits and heirlooms)
19. Public assistance: federal, state, or local including: Aid to Aged,
Blind and Disabled (AABD); Aid to Dependent Children (AFDC); Aid to
Permanently and Totally Disabled (APTD)
20. Public Employee's Benefits including Federal Civil Service Retirement,
Idaho Retirement and Disability
21. Railroad Retirement Benefits
22. Retirement, pension or profit sharing plan qualified by IRS
23. Social Security Disability and Retirement Benefits
24. SSI (Supplemental Security Insurance Benefits)
25. Tools of trade and implements up to $1,500
26. Unemployment benefits
27. Veterans benefits and insurance
28. Wages or salary:
Consumer debts primarily for personal or household purposes:
exemption is 30 times the federal minimum wage or 25% of disposable
income, whichever is greater
Nonconsumer debts: exemption is 30 times the federal minimum wage or
25% of disposable income, whichever is greater
29. Worker's compensation
30. An unmatured life insurance contract other than a credit life
insurance contract
31. An aggregate interest, not to exceed $5,000, in any accrued dividend
or interest under, or loan value of, an unmatured life insurance contract
under which the insured is the individual or a person of whom the
individual is a dependent
32. An aggregate interest in any tangible personal property, not to exceed
the value of $800

* To the extent reasonably necessary for support of family and if not
commingled with other funds.

INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES

In order to claim an exemption from execution and garnishment under Idaho
and federal law, you, the defendant, judgment debtor, or a third party,
holding or known to have an interest in the money and/or personal property,
must:
1. DELIVER OR MAIL A CLAIM OF EXEMPTION TO THE SHERIFF WHO LEVIED
UPON YOUR MONEY AND/OR PERSONAL PROPERTY AT (SHERIFF'S
STREET ADDRESS) , WITHIN FOURTEEN (14) DAYS AFTER MAILING OR
PERSONAL SERVICE OF THESE INSTRUCTIONS, NOTICE OF EXEMPTIONS AND
FORM FOR FILING A CLAIM OF EXEMPTION. IF YOU MAIL A CLAIM OF
EXEMPTION, IT MUST BE RECEIVED BY THE SHERIFF WITHIN THE
FOURTEEN (14) DAY PERIOD.
2. The sheriff has to notify the plaintiff or judgment creditor
within one (1) business day, excluding weekends and holidays,
that you filed a claim of exemption. The judgment creditor has
five (5) business days, excluding weekends and holidays, after
the date notice was provided that a claim of exemption was filed
with the sheriff, to file a motion with the court contesting the
claim of exemption.
3. If the judgment creditor notifies the sheriff that he will not
object to the claim of exemption or does not file a motion with
the court contesting the claim of exemption, the sheriff will
immediately return the money and/or personal property or notify
the bank or depository institution to release the money and/or
personal property which has been levied upon.
4. IF THE JUDGMENT CREDITOR DOES FILE A MOTION WITH THE COURT
CONTESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR OR
ANY INTERESTED THIRD PARTY, WILL RECEIVE A COPY OF THE MOTION
AND NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN NOT LESS
THAN FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER THE FILING
DATE OF THE MOTION. YOU SHOULD BE PREPARED TO EXPLAIN THE
GROUNDS FOR CLAIMING THE EXEMPTION IN COURT ON THE DATE AND TIME
SET FOR THE HEARING. YOU SHOULD BRING WHATEVER DOCUMENTS YOU
HAVE TO SUPPORT YOUR CLAIM.
5. This is a notice, not legal advice. If you have any questions
concerning your rights in this action, you should contact an
attorney as soon as possible. If you are low income and cannot
afford an attorney you may contact the nearest office of Idaho
Legal Aid Services, Inc. to inquire if they can assist you.

IN THE DISTRICT COURT OF THE ........ JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ..............

................, )
Plaintiff(s), ) CASE NO.
vs. ) CLAIM OF EXEMPTION
................, )
Defendant(s). )
................. )

I claim an exemption from levy for the following described money and/or
property:
a. Money, including money in a bank account, which was paid to me or my
family as:

..... Public assistance of any kind
..... Social security or SSI
..... Worker's compensation
..... Unemployment benefits
..... Child support
..... Retirement, pension, or profit sharing benefits
..... Military or veterans benefits
..... Life insurance or other insurance
..... Disability, illness, medical or hospital benefits
..... Alimony, support or maintenance
..... Annuity contract benefits
..... Bodily injury or wrongful death awards
..... Other money (describe).....................................
..... Wages (Do not check this box until you have first talked to
your employer to see if he correctly calculated your
exemption according to the formula under item 28 on the
form entitled "SOME EXEMPTIONS TO WHICH YOU MAY BE
ENTITLED." Then check this box only if you believe your
employer's calculation is incorrect.)
b. Property:
..... Professional books
..... Burial plots
..... Health aids
..... Homestead, house, mobile home and related structures
..... Jewelry
..... Car, truck or motorcycle
..... Tools and implements
..... Appliances, furnishings, firearms, animals, musical
instruments, books, clothes, family portraits and
heirlooms
..... Other property (describe)
...............
Defendant or
Representative

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