2011 Idaho Code
TITLE 8 PROVISIONAL REMEDIES IN CIVIL ACTIONS
CHAPTER 5 ATTACHMENTS AND GARNISHMENTS
8-507 GARNISHMENT -- SERVICE OF WRIT OF ATTACHMENT, EXECUTION, OR GARNISHMENT -- BANKS.


ID Code § 8-507 (2011 through Reg Sess) What's This?

8-507. Garnishment -- Service of writ of attachment, execution, or garnishment -- Banks. (a) Upon receiving written directions from the plaintiff or his attorney, that any person or corporation, public or private, has in his or its 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:

(1) a copy of the writ;

(2) a notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ;

(3) a notice of exemptions available under federal and state law;

(4) instructions to debtors and third parties for asserting a claim of exemption;

(5) a form for making a claim of exemption; and

(6) if the garnishee is a bank or depository institution, a search fee of five dollars ($5.00) and the last known mailing address of the defendant and, if known, a tax identification number, that will enable the garnishee to identify the defendant on its records.

The documents specified in paragraphs (3) through (5) of this subsection shall be in a form substantially similar to the form provided in section 8-507C, Idaho Code.

(b) In case of service upon a corporation including, but not limited to any banking or trust corporation, the same may be had by delivering a copy of the papers to be served, if upon a private corporation, to any officer, manager or designated agent thereof, and if upon a public or municipal corporation, to the mayor, president of the council or board of trustees, or any presiding officer, or to the secretary or clerk thereof.

In the event a banking or trust corporation operates more than one (1) office where deposits are received within the state of Idaho, the banking or trust corporation may, by notifying the Idaho department of finance, designate a particular office for the service of attachment, execution and garnishment papers. Such office may be located either within or outside the state of Idaho. The Idaho department of finance shall post the list of such designated offices on its web page for access by the public.

If a banking or trust corporation operating more than one (1) office where deposits are received has designated a particular office for the attachment, execution, or garnishment, then service of such papers made on the office so designated shall be valid and effective as to moneys to the defendant’s credit held in the possession or control of any of the banking or trust corporation’s branches or offices located within or outside the state of Idaho.

If service of the attachment, execution or garnishment papers is not made on the designated office of the banking or trust corporation, but instead is made on another office of the banking or trust corporation located in the state of Idaho, then service of such papers shall be valid and effective as to moneys to the defendant’s credit in that particular office and as to other personal property belonging to the defendant held in the possession or control of that particular office, but shall only become valid and effective as to moneys to the defendant’s credit held in the possession or control of any of the bank or trust corporation’s other offices upon receipt of the attachment, execution or garnishment papers by the designated office. Such banking or trust corporation may, but is under no obligation to, transmit the original or a copy of the papers from the particular office served to the designated office.

Service on any banking or trust corporation is effective as against the moneys and other personal property to the defendant’s credit which are in the possession or control of the banking or trust corporation named in the garnishment, but not any affiliate, parent or subsidiary not named. If the garnishment fails to sufficiently distinguish the banking or trust corporation from any affiliate, parent or subsidiary thereof, such that it is not clear which entity is intended to be the garnishee, the garnishment may be returned unsatisfied.

(c) The provisions of this section and sections 8-507A through 8-507D, Idaho Code, shall apply to any levy by execution pursuant to chapters 2 and 3, title 11, Idaho Code.

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