Idaho Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Idaho's Statutes Of Limitations. Idaho phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Idaho Fair Debt Collection Consumer Practices Guide summarizes Idaho's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Idaho Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Idaho’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Idaho Debt Exemption Law!
Idaho Statutes
The state of Idaho has opted out of federal bankruptcy exemptions, Idaho Code § 11-609.
Wages: Idaho Code §§ 11-206 through 11-207.
Homestead: Idaho Code §§ 55·1001 through -1008.
Tangible personal property: Idaho Code §§ 11-603 through -607.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Idaho Code §§ 11-603 through -607, 55·1011.
Idaho Debt Statutes of Limitation
Your debt may have expired under Idaho’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Idaho Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Idaho Debt Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Written contract or liability: 5 years.
Contract or liability that is not written: 4 years. NOTE: The time period begins as of the date of the last item, typically a payment or a charge under a credit card agreement. A written acknowledgement or new promise signed by the debtor is sufficient evidence to cause the relevant statute of limitations to begin running anew. Any payment of principal or interest is equivalent to a new promise in writing to pay the residue of the debt.
Judgments: 5 years but may be renewed for another five-year period. NOTE: An independent action on a judgment of any court of the United States must be brought within 6 years.
The time limitation for the commencement of any action is tolled during the time of a person's absence from the state or during the time that an action is stayed by injunction or by statutory prohibition action.
Idaho Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Idaho’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Idaho law.
Idaho Wage Garnishment Procedural Requirements
Upon receiving information in writing from the plaintiff or his attorney, that any person or corporation, public or private, has in his possession or control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the sheriff shall serve upon any such person, or corporation identified in the plaintiff's written directions all of the following documents: a copy of the writ; a notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ; a notice of exemptions available under federal and Statutee law; instructions to debtors and third parties for asserting a claim of exemption; and a form for making a claim of exemption. The documents specified in 3 through 5 shall be in a form substantially similar to the form provided in _ 8507C.
No service of any writ of attachment, nor of execution, nor any garnishment, shall be made on any banking or trust corporation operating branch banks or more than one office where deposits are received, except by delivery of copies of the writs, notices and/or other papers required in other cases, to one of the officers or managing agents of such corporation employed in and at, and in charge of some particular office or branch of said corporation, and being so made, such writ or garnishment shall be valid and effective only as to moneys to the defendant's credit in that particular office or branch and as to other personal property belonging to the defendant held in the possession or control of the officers or managing agents of said corporation employed in and at, and in charge of such office or branch. Idaho Code Ann. _ 8 507.
If service is upon a bank or other depository institution, within one business day, the sheriff shall hand deliver or mail to the defendant and any third party named in plaintiff's written directions as a co-owner or having an interest in the property or money to be levied upon, one copy of all the documents specified in _ 8507. The plaintiff shall identify in the plaintiff's written directions the last known mailing address of the defendant and any third party to be served. Idaho Code Ann. _ 8507A.
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 business day after such service, mail or hand deliver a copy of all documents served upon it by the sheriff to: the defendant at the address to which account Statuteements 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 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 institutions shall be entitled to deduct a single fee of not to exceed ten dollars 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 fee to which the bank or depository institution is entitled regardless of the number of parties to which the documents are sent. Idaho Code Ann. _ 8507B.
With respect to any attachment, garnishment or execution, the plaintiff shall provide the sheriff with sufficient copies of the documents required to be served for service on the defendant and each additional party identified in the plaintiff's written directions and shall provide an envelope addressed to each person required to be served. If the documents are to be mailed, proper postage shall be affixed. The sheriff may charge the plaintiff for the actual costs of any additional copies and postage required, which costs shall be in addition to the fees permitted under _ 313203 (sheriff's fees). Personal service shall be accomplished in the same manner provided for service of summons under the Idaho rules of civil procedure. Provided however, the county sheriff shall have the option of accomplishing personal service by United Statutees mail with a facsimile acknowledgment of such service by the employer, in the case of garnishment. Mailing shall be by first class mail. Idaho Code Ann. _ 8507D.
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. Idaho Code Ann. _ 8509. Written interrogatories may be delivered to the garnishee at the time of serving of the garnishment. Idaho Code Ann. _ 8511. Upon a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five days thereafter. Idaho Code Ann. _ 8512.
If the answer of the garnishee be not excepted to, or denied within three days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case any indebtedness or liability is admitted, judgment shall be rendered accordingly, and the garnishee shall be allowed a reasonable sum out of the funds or property confessed in his hands for his trouble and expense in answering. If all liability is denied, and the denial is uncontroverted, the garnishee shall be discharged at the cost of the plaintiff. In contested cases the costs shall be adjudged as in ordinary cases between plaintiff and defendant. Idaho Code Ann. _ 8515.
The sheriff must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to the debts and credits attached, he must request, at the time of service, the party owing the debt or having the credit to give him a memorandum, Statuting the amount and description of each, and if such memorandum be refused, he must return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the cost of any proceedings taken for the purpose of obtaining information respecting the amounts and description of such debt or credit. Idaho Code Ann. _ 8524. Debts and credits may be collected by the sheriff if the same can be done without suit. Idaho Code Ann. _ 8525.
Interest Rate at which Judgments Accrue The legal rate of interest on money due on the judgment of any competent court or tribunal shall be the rate of five percent plus the base rate. The base rate shall be determined on July 1 of each year by the Idaho Statutee treasurer and shall be the weekly average yield on United Statutees treasury securities as adjusted to a constant maturity of one year and rounded up to the nearest one eighth percent. The announced base rate shall apply to all such judgments during the succeeding twelve months. Idaho Code Ann. 2822104.
Applicable Forms Written interrogatories may be in the following form: At the time of the service of the garnishment, had you in your possession, or under your control, any property, money, or effects of the defendant? If so, Statutee what property, how much, and of what value, and what money or effects? At the time of the service of the garnishment, did you owe the defendant any money, or do you owe him any now? If so, Statutee how much, on what account, and when did it become due? If not due, when will it become due? To these may be added any other proper and pertinent questions the answers to which might tend to show a liability on the part of the garnishee to the defendant. Idaho Code Ann. _ 8511. Idaho Code Ann. _ 8507C.
Idaho (Debt Collector) Call Recording Law
Under Idaho State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Idaho is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Idaho.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
