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Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods.
Un acreedor puede requerirle a un empleador a desviar parte del sueldo de un empleado para pagar un fallo/ sentencia. El acreedor está limitado a tomar el sueldo de un deudor que: a) exceda treinta (30) veces el sueldo mínimo federal ($7.25 por hora vigente 24 de julio 2009), o b) es 25% del ingreso disponible. Cualquier exención cual permite al deudor mantener más de su sueldo aplica. Ingreso disponible es el pago neto del deudor después de las deducciones requeridas por ley, tal como impuestos, cuales son rebajados...
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
Idaho Legal Aid
Housing Advice Line: call us at (208) 746-7541 or apply online at our website.
www.idaholegalaid.org
Intermountain Fair Housing Council
208-383-0695 in Boise area or 1-800-717-0695 (toll free)
Idaho Human Rights Commission
208-334-2873 in Boise area or 1-888-249-7025 (toll free) or 208-334-4751 (TDD/TTY)
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.
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