Idaho Code 11-729 – Sheriff Fee for Service
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(1) The board of county commissioners of each respective county shall have the power to set sheriff’s fees by resolution of the board for serving an initial order of garnishment and writ of execution. The board may also set an additional lesser fee for making an interim return on a continuing garnishment to show disbursement of moneys held by the sheriff for return service, including for receiving and paying over money from any money garnishment, and including wage garnishment or financial institution garnishment. These fees shall be established using criteria determined by the board not to exceed actual costs directly incurred for order of garnishment and writ of execution service.
(2) At the time of adoption of the resolution establishing any fee authorized in this section, the board shall annually publish on the county website all the criteria used to establish the total fee and the value of each criterion’s proportionate share of the total fee. The initial garnishment and continuing service fee herein allowed shall be collected from the judgment debtor.
Terms Used In Idaho Code 11-729
- Continuing garnishment: means a garnishment of wages of the judgment debtor that continues, subject to the limitations found in section 11-705, Idaho Code, until the debt is satisfied. See Idaho Code 11-701
- Financial institution: means any state bank, national bank, trust company, savings and loan association, savings bank, federal savings and loan association, federal savings bank or credit union, as those terms are defined in title 26, Idaho Code, or any federal credit union organized under the federal credit union act, 12 U. See Idaho Code 11-701
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Garnishment: means a judicial proceeding in which a creditor or potential creditor asks the court to order a third party who is indebted to, or is in possession of, property, money or credits of the debtor to turn over to the creditor any of the debtor’s property, money or credits held by that third party. See Idaho Code 11-701
- Wage garnishment: means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. See Idaho Code 11-701
- Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.