Idaho Wage Garnishment for Small Claims Judgments

Wage garnishment is often the most reliable way to collect a small claims judgment in Idaho. Unlike a bank levy that grabs whatever's in the account at one moment, a continuing garnishment writ attaches to the debtor's paycheck for up to 90 days, pulling money every pay period until your judgment is satisfied or the writ expires.

But Idaho has strict rules about how much an employer can withhold — and filing the wrong amount or targeting exempt income will get your garnishment thrown out.

How Much Can Be Garnished

Idaho follows both state law (Idaho Code § 11-207) and the federal Consumer Credit Protection Act (15 U.S.C. § 1673). The maximum the employer can withhold per pay period is the lesser of:

• 25% of disposable earnings, or
• The amount by which disposable earnings exceed 30 times the federal minimum wage

The federal minimum wage is $7.25/hour, making the weekly floor $217.50. Here's how that plays out:

• Weekly disposable earnings at or below $217.50: 100% exempt — the employer withholds nothing
• Between $217.51 and $290.00: The employer withholds only the amount above $217.50 (so $230 in disposable earnings means $12.50 withheld)
• Above $290.00: The straight 25% cap applies ($500 disposable = $125 withheld)

"Disposable earnings" means gross pay minus legally required deductions (federal and state taxes, FICA). Voluntary deductions like 401(k) contributions and insurance premiums don't count — the employer calculates the garnishment on the pre-voluntary-deduction amount.

For biweekly pay periods, double the weekly figures. For semi-monthly, multiply the weekly floor by 2.1667.

The Forms You Need

Idaho's Court Assistance Office provides standardized forms:

• Form CAO SC 9-2: Application and Affidavit for Writ of Continuing Garnishment — your request to the court, listing the judgment amount, credits, accrued interest, and current balance
• Form CAO SC 9-7: Writ of Continuing Garnishment — the actual court order served on the employer
• Form CAO SC 9-9: Notice of Garnishment — the statutory notice the debtor receives

You file the application (SC 9-2) with the court clerk and pay the $2 writ fee. After the clerk issues the writ, you deliver the original writ plus written service instructions to the county sheriff's Civil Division. Sheriff service fees in Ada County range from $55 (first-class mail) to $180 (personal deputy service).

What Happens After Service

Once the sheriff serves the writ on the employer, the employer has 5 business days to complete and return interrogatories confirming:

• Whether the debtor is currently employed
• Their pay cycle (weekly, biweekly, semi-monthly)
• Their disposable earnings per period

The employer then begins withholding from each paycheck and remitting the garnished amount to the sheriff, who forwards it to you. The employer can deduct a one-time administrative handling fee of up to $10 from the first payment under Idaho Code § 11-728.

The writ stays active for up to 90 calendar days from issuance. If the judgment isn't fully satisfied by then, you can file a new writ application and start another cycle.

The Debtor's Right to Contest

After service, the debtor receives the Notice of Garnishment along with a Claim of Exemption form (CAO Cv 10-11). Under Idaho Code § 11-203(a), they have 14 calendar days from the date the sheriff hand-delivers or mails the documents to deliver the claim to the sheriff; for mailed notices, the period runs from the postmark date, and a mailed claim must be received within that period.

If they file an exemption claim, the sheriff pauses disbursement and must deliver or mail you a copy of the claim within 1 business day. Under Idaho Code § 11-203(b), you have 5 business days from the date the sheriff delivers or mails you the claim to file a Motion Contesting Claim of Exemption (Form SC 9-4). The court schedules a hearing within 5 to 12 business days, and the debtor bears the burden of proving the exemption applies.

If you don't file a timely contest, the sheriff releases the held funds back to the debtor.

Common Mistakes to Avoid

Garnishing before the waiting period ends. If your judgment came from a contested hearing (not a default), you must wait 30 full days before filing any garnishment. File early and the clerk will reject the application.

Targeting the wrong county. The writ must be served by the sheriff in the county where the employer is physically located — not necessarily the county where you won the judgment.

Ignoring state employee rules. Garnishing a state of Idaho employee requires a separate $10 fee payable to the Idaho State Controller, in addition to the regular sheriff service fees.

Not accounting for existing garnishments. If the debtor already has a child support or federal tax garnishment in place, those take priority. The employer withholds for prior obligations first, and your garnishment only takes what remains within the legal caps.

Wage garnishment is covered in detail — including withholding calculation worksheets and sheriff instruction templates — in the Idaho judgment collection guide.

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