Idaho Code 11-719 – Answer to Interrogatories — Judgment Against Garnishee
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Terms Used In Idaho Code 11-719
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishee: means a person or institution that is indebted to or is in possession of property, money or credits of a debtor whose property has been subjected to garnishment. See Idaho Code 11-701
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Oath: A promise to tell the truth.
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 (5) days thereafter. If he fails to do so, the judgment creditor may take judgment against him by default, or the court may, upon motion, compel him to answer by attachment. But no final judgment shall be rendered against the garnishee until there shall be a final judgment against the judgment debtor; nor shall judgment be rendered for a greater amount than the debt claimed by the judgment creditor with interest and costs, nor for a greater amount than the garnishee shall appear to be liable for to the judgment debtor; nor shall execution issue against a garnishee until the maturity of his debt to the judgment debtor.