Idaho Motion Contesting Claim of Exemption (Form SC 9-4)

You filed a garnishment, the sheriff served it, and then the debtor sent back a Claim of Exemption saying the money is protected. Now the sheriff is holding the funds and waiting for you to respond. If you believe the exemption claim is wrong — or inflated — you have 30 days to challenge it using Form SC 9-4.

How the Exemption Process Works

When the sheriff serves a garnishment (wage or bank), the debtor receives a Notice of Garnishment along with a blank Claim of Exemption form (Form CAO Cv 10-11). The debtor has 14 calendar days from service or mailing to complete and return the claim to the sheriff, identifying which funds or property are protected under Idaho law. For a mailed notice, the 14-day period runs from the postmark date.

Common exemptions cited by debtors include:

• Direct-deposited Social Security and SSI benefits — automatically protected from bank garnishment under 31 C.F.R. Part 212
• Direct-deposited wages in a bank account — exempt up to $7,500 under I.C. § 11-713(2)
• Disposable wages below the garnishment floor — earnings at or below $217.50/week (30 times the federal minimum wage) are fully exempt
• Retirement benefits — qualified pensions, IRAs, and 401(k) plans are 100% exempt under I.C. § 11-604A
• Disability and workers' compensation — 100% exempt under I.C. § 11-603
• Homestead equity — up to $175,000 for a single owner or $350,000 for a married couple

Once the sheriff receives the claim, everything pauses. The garnished funds sit with the sheriff (or the employer continues withholding but doesn't remit) until the exemption dispute is resolved.

Filing the Motion to Contest

If you believe the claimed exemption is wrong, you file a Motion Contesting Claim of Exemption (Form SC 9-4) with the court. The deadline is strict: 30 days from the date the garnishee's answer was filed with the court.

If you miss the 30-day window, the sheriff releases the money back to the debtor. The clock runs from the garnishee's answer (the employer's or bank's response confirming what they're holding), not from the debtor's exemption claim itself.

After you file Form SC 9-4, the court clerk schedules a hearing within 5 to 12 business days. Both you and the debtor receive notice of the hearing date.

What Happens at the Hearing

At the hearing, the debtor bears the burden of proving that the claimed funds or property qualify for the exemption. You don't have to prove they're non-exempt — the debtor has to prove they are.

Your job is to present evidence that undercuts the claim. Common challenges:

Commingled funds. The debtor claims their bank account holds exempt Social Security deposits, but the account also receives non-exempt income (freelance payments, rental income). Idaho uses First-In, First-Out (FIFO) accounting under I.C. § 11-713(4) to determine which dollars in the account are exempt. If the debtor's spending has already consumed the exempt deposits, the remaining balance may be entirely garnishable.

Wages above the floor. The debtor claims their entire paycheck is exempt, but their disposable earnings exceed the $217.50 weekly threshold. You can request the employer's garnishment calculation showing gross pay, statutory deductions, and the resulting disposable earnings figure.

Overstated asset values. The debtor claims a vehicle is exempt because its equity is under the $10,000 motor vehicle exemption. If you have evidence (a title search, Kelly Blue Book value, existing lien payoff amounts) showing equity exceeds the exemption, present it.

Non-qualifying property. The debtor claims a tool-of-trade exemption for equipment that isn't actually used in their profession, or a household goods exemption for items that exceed the $1,000 per-item or $7,500 aggregate cap.

After the Judge Decides

The magistrate issues an Order on Motion Contesting Claim of Exemption (Form SC 9-5). If the exemption is denied, the sheriff releases the held funds to you. If the exemption is upheld, the funds go back to the debtor.

A partial ruling is also possible — the judge may determine that some funds are exempt and others aren't, splitting the held amount.

If the exemption is upheld, the funds go back to the debtor. Investigate before you garnish: if you know the debtor's only income is Social Security, a bank garnishment will trigger an exemption claim you can't beat. Target a different asset instead.

The Idaho Small Claims Judgment Collection Guide covers each exemption category with the dollar thresholds, plus a strategy for choosing which enforcement tool to use based on what you know about the debtor's assets.

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