Idaho State Statutes - Idaho Attorney Directory

(a) Any person owing debts to the
defendant, or having in his possession or under his control, any credits or
other personal property belonging to the defendant, may be required to attend
before the court or judge, or a referee appointed by the court or judge, and
be examined on oath respecting the same. If the garnishee be a corporation the
officer or agent thereof having knowledge of the fact sought to be established
may be required to attend and give evidence thereof. The defendant may also be
required to attend for the purpose of giving information respecting his
property and may be examined on oath. The court or judge may, after such
examination, order personal property capable of manual delivery to be
delivered to the sheriff on such terms as may be just, having reference to any
liens or claims against the same, and a memorandum to be given of all other
personal property, containing the amount and description thereof.
(b) When the garnishee is the employer of the judgment debtor, the
judgment creditor, upon application to the court, shall have issued by the
clerk of court, a continuing garnishment directing the employer-garnishee to
pay to the sheriff such future moneys coming due to the judgment debtor as may
come due to said judgment debtor as a result of the judgment debtor's
employment. This continuing garnishment shall continue in force and effect
until the judgment is satisfied. The creditor shall be solely responsible for
insuring that the amounts garnished do not exceed the amount due on the
judgment. If additional garnishments are issued during the term of a
continuing garnishment and the continuing garnishment is the maximum allowed
under the provisions of section 11-207, Idaho Code, the additional
garnishments cannot be served until the continuing garnishment is satisfied,
or until the amount taken by the continuing garnishment is less than the
maximum allowed; additional garnishments issued during the term of a
continuing garnishment must be served in the order in which presented.

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