Question 1

What is a claim of exemption in Idaho?

Accepted Answer

An Idaho claim of exemption is a form that you deliver or mail to the sheriff to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. It must reach the sheriff who served the garnishment within 14 days after the garnishment documents are served.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Idaho?

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the paperwork. An Idaho claim of exemption accepts that the judgment exists but says the specific wages or funds are legally protected. You raise it on the Claim of Exemption you send to the sheriff, and you can point out a defect at the same time.

Question 3

How much of my paycheck can be garnished in Idaho?

Accepted Answer

Idaho follows the federal limit. Under Idaho Code section 11-207, a creditor can take the lesser of 25 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum hourly wage. Disposable earnings are what is left after legally required deductions. Some income, such as Social Security, cannot be garnished for ordinary debts at all.

Question 4

How long do I have to file a claim of exemption in Idaho?

Accepted Answer

You have 14 days. Under Idaho Code section 11-203, your Claim of Exemption must be delivered or mailed to the sheriff and received within 14 days after the sheriff serves the garnishment documents. Because the form has to actually reach the sheriff inside that window, do not wait until the last day to send it.

Question 5

What income is exempt from garnishment in Idaho?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A baseline share of ordinary wages is also protected under the federal limit. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

Can I protect my wages if I support my family in Idaho?

Accepted Answer

Idaho does not add a separate head-of-household wage exemption, so the same federal wage limit applies whether or not you support a family. You can still protect income that is exempt by source, such as Social Security, disability, or veterans benefits, by identifying those funds on the Claim of Exemption you deliver to the sheriff.

Question 7

Where do I file an Idaho claim of exemption?

Accepted Answer

You do not file an Idaho claim of exemption with the court clerk. Instead you deliver or mail the Claim of Exemption to the sheriff who served the garnishment documents, and it must be received within 14 days. The sheriff processes it, and the court becomes involved only if the creditor contests your claim.

Question 8

What happens after I file a claim of exemption in Idaho?

Accepted Answer

If the creditor does nothing, your exemption stands and the protected funds are released. If the creditor files a motion contesting your claim, the court sets a hearing not less than 5 nor more than 12 days after the motion is filed. At that hearing you show the money is exempt and the creditor must justify the garnishment. Money is held until the claim is resolved.

Idaho Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Idaho Requirements for Claim of Exemption

Idaho Filing Deadline and Office

Frequently Asked Questions