Winning a judgment in Idaho gives a creditor access to certain legal tools through which the outstanding amount can be collected. A simple way to put it is that creditors have multiple collection options in Idaho. Knowing those options prior to going to court can help a creditor lay out a sound strategy for eventual enforcement.
As you read about the options described below, we want you to know that Judgment Collectors operates in Idaho. We would be happy to discuss one or more cases with you, at your earliest convenience. We might be able to help you collect what you are owed.
1. Establish a Payment Plan
The first option for collecting an Idaho judgment is also the easiest and least painful: establishing a payment plan with the debtor. It’s too bad more debtors don’t choose this option. Setting up a payment plan allows both sides to stand down. It allows for a more amicable settlement without the need for additional legal actions or collection services.
2. Garnishment
Idaho law provides for garnishment in four ways. The first is the one most people are familiar with. It is wage garnishment, a scenario in which a judgment debtor’s employer is required to withhold a certain amount from every paycheck and forward it to the creditor.
The other types of garnishments allowed by Idaho law are:
- Bank Account Garnishment – The law allows Idaho judgment creditors to garnish debtor bank accounts. Such a garnishment would compel a bank to forward a certain amount of the debtor’s monetary assets to the creditor.
- Spousal Wage Garnishment – Idaho is somewhat unique in that it allows for garnishment of spousal wages under certain conditions. For example, the debtor must have an undivided community property interest in the spouse’s wages.
- Debtor Garnishment – Believe it or not, Idaho law allows judgment creditors to garnish a debtor’s debtor. In other words, if the debtor against whom the judgment was entered is also collecting from their own debtors, their debt payments can be garnished to satisfy the judgment.
All four types of garnishments are subject to strict rules. For example, judgment creditors cannot take everything. There is a limit to the amount that can be garnished under any one of the four scenarios.
3. Execution
The final option available to judgment creditors in Idaho is known as execution. Before you wince, the term ‘execution’ in this context has nothing to do with the death penalty. Rather, it refers to the execution of a writ against a debtor’s property.
Writs can be executed against:
- personal property (cash, vehicles, household goods, etc.)
- real property (second homes, hunting land, vacation properties, etc.)
- a debtor’s interests in an existing business.
Like garnishment, there are limits to execution. For example, homeowners can claim up to $100,000 in value from their primary residences under the state’s homestead exemption. These sorts of restrictions are in place to prevent creditors from taking basic assets a debtor needs to provide for themself.
The rules regulating judgment collection in Idaho are clear. They must be followed to the letter. If you are unsure of the law or you just need help getting paid, give us a call. We work with clients throughout Idaho to collect unpaid judgments.
Published May 23, 2023