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What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Many collection lawsuits are brought by companies called Debt Buyers. Debt Buyers pay money to other companies for the right to collect money owed to those companies. For example, you might owe $3,000 on a store credit card. After a while, the store may decide to sell the debt to a Debt Buyer for a few hundred dollars, instead of trying to collect it. Then the Debt Buyer will try to collect from you...
Idaho courts can assist a victim of domestic violence through protection orders which restrict or prohibit contact between the victim of abuse and the abuser. Idaho Code Section 39-6301, et seq. Domestic violence includes physical injury, sexual abuse, forced imprisonment or the threat thereof.
We also have specific county guides available for Ada, Boise, Elmore, and Valley Counties regarding the civil protection order process. Please view these guides below.
Know about Elder Abuse
What is “elder abuse?”
Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.
Myth: “We don't have that problem in our community.”
Fact: Abuse is often not seen or recognized.
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Interactive Forms
The Idaho State Court System Domestic Violence Brochure (with details regarding civil protection orders and other resources): https://isc.idaho.gov/resources/DV_Brochure_2012_Eng.pdf
For this brochure in Spanish, please click here: https://isc.idaho.gov/resources/DV_Brochure_2012_Span.pdf.
If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
If you want to learn how to represent yourself, hear about common defenses against debt collectors, and gain knowledge of possible outcomes to your trial, then watch this video.
If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, watch this video to learn what you can do. Learn about one of your key defenses. Determine if you were served papers properly.
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