State Garnishment Laws: Idaho, Illinois, and Indiana

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Idaho, Illinois, and Indiana.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these statutes are up to date as of the time you need to apply them.  State garnishment laws will dictate how you must proceed with implementing a garnishment.  Garnishments are a primary part of judgment law.

Idaho 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.

Illinois Procedural Requirements

Upon the filing by a judgment creditor of an affidavit that the applicant believes any person is indebted to the judgment debtor, other than for wages, and includes the last address of the judgment debtor known to the affiant as well as the name of the judgment debtor, the garnishment notice required by _ 12705 and written interrogatories to be answered by the garnishee with respect to the indebtedness, the clerk of the court in which the judgment was entered shall issue summons against the person named in the affidavit commanding him or her to appear in the court as garnishee and answer the interrogatories in writing under oath. The interrogatories shall require that the garnishee certify that a copy of the completed interrogatories has been mailed to the judgment debtor and shall be in a form consistent with local court rules. 735 ILCS _ 5/12701.

Summons with four copies of the interrogatories shall be served and returned as in other civil cases. The summons shall be accompanied by a copy of the underlying judgment or a certification by the clerk of the court that entered the judgment, or by the attorney for the judgment creditor, setting forth the amount of the judgment, the name of the court and the number of the case and one copy of a garnishment notice. 735 ILCS _ 5/12705.

To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court any nonexempt indebtedness or other nonexempt property in his or her possession, custody or control belonging to the judgment debtor or in which the judgment debtor has any interest. The judgment or balance due thereon becomes a lien on the indebtedness and other property held by the garnishee at the time of the service of garnishment summons and remains a lien thereon pending the garnishment proceeding. The garnishee shall file a written answer under oath to the interrogatories, setting forth as of the date of service of the garnishment summons any indebtedness due or to become due to the judgment debtor and any other property in his, her or its possession, custody or control belonging to the judgment debtor or in which the judgment debtor has an interest. The garnishee shall mail, by first class mail, a copy of the answer to the judgment creditor and to the judgment debtor at the addresses specified in the affidavit or at any other address or location of the judgment debtor known to the garnishee, and shall certify in the answer that it was so mailed. 735 ILCS _ 5/12707.

No fee shall be paid by a garnishee for filing an appearance, answer or satisfaction of judgment against him or her. No fee shall be paid to a garnishee unless he or she is subpoenaed to appear as a witness, in which case he or she is entitled to witness fees as in other civil cases. Costs of obtaining the garnishment order are to be charged to the judgment debtor unless the court determines that the costs incurred by the judgment creditor were improperly incurred, in which case the costs are to be paid by the judgment creditor. 735 ILCS _ 5/12716.

Interest Rate at which Judgments Accrue Judgments recovered in any court shall draw interest at the rate of 9% per annum from date of the judgment until satisfied or 6% per annum when the judgment debtor is a unit of local government, a school district, a community college district, or any other governmental entity. When judgment is entered upon any award, report or verdict, interest shall be computed at the above rate, from the time when made or rendered to the time of entering judgment, and included in the judgment. 735 ILCS _ 5/21303. Applicable Forms Garnishment notice, 735 ILCS 5/12705.

Indiana Procedural Requirements

Proceedings supplemental to execution may be enforced by verified motion or with affidavits in the court where the judgment is rendered alleging generally: That the plaintiff owns the described judgment against the defendant; That the plaintiff has no cause to believe that levy of execution against the defendant will satisfy the judgment; That the defendant be ordered to appear before the court to answer as to his nonexempt property subject to execution or proceedings supplemental to execution or to apply any such specified or unspecified property towards satisfaction of the judgment; and If any person is named as garnishee, that garnishee has or will have specified or unspecified nonexempt property of, or an obligation owing to the judgment debtor subject to execution or proceedings supplemental to execution, and that the garnishee be ordered to appear and answer concerning the same or answer interrogatories submitted with the motion. If the court determines that the motion meets the foregoing requirements it shall, ex parte and without notice, order the judgment debtor, other named party defendants and the garnishee to appear for a hearing thereon or to answer the interrogatories attached to the motion, or both.

The motion, along with the court’s order Statuting the time for the appearance and hearing or the time for the answer to interrogatories submitted with the motion, shall be served upon the judgment debtor as provided in Rule 5, and other parties and the garnishee shall be entitled to service of process as provided in Rule 4. In aid of the judgment or execution, the judgment creditor and the judgment debtor may utilize the discovery provisions of these rules in the manner provided in these rules for discovery or as provided under the laws allowing proceedings supplemental. R. Trial P. 69.

After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person, corporation, municipal or otherwise, the Statutee or any subdivision or agency thereof has property of such judgment debtor, or is or will be from time to time indebted to him in any amount, although the amount shall be determined from time to time as it becomes due and payable, which, together with other property claimed by him as exempt from execution, shall exceed the amount of property so exempt by law, such person, corporation, or any member thereof, or the auditor of Statutee or auditing officer of the municipal corporations, subdivisions or agencies of the Statutee, may be required to appear and answer concerning the same provided that such person or persons not be required to appear personally in court unless the judge of the court shall order the personal appearance and the court may order interrogatories to be submitted, and the same to be answered, and a copy of the order of the court ordering the interrogatories answered shall be transmitted to the person or persons by the clerk of the court, by registered mail, and on receipt of such interrogatories and such order, such person or persons shall answer such interrogatories and return the same to such clerk by registered mail or personally and such court shall have full power to compel answers thereto. Ind. Code Ann. _ 341445.

From the day of service of the summons, the garnishee shall be accountable to the plaintiff in the action for the amount of money, property or credits in his hands, or due and owing from him to the defendant. Ind. Code Ann. _ 3411121. Costs shall be awarded and taxed in supplemental proceedings as in other cases. Ind. Code Ann. _ 341448.

Interest Rate at which Judgments Accrue Interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of 8% or the annual rate of 8% if there was no contract by the parties. Ind. Code Ann. _ 244.61101. Governmental entities are liable for 6% interest from date of judgment or settlement if not paid within 180 days. Ind. Code Ann. 34416.517.

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You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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