Idaho STATE LAW

WAGE GARNISHMENTS:

– Federal law applies

MAXIMUM INTEREST RATE:

– Legal: 12%
– Judgment: 10.875% plus base rate

STATUTE OF LIMITATIONS ON ENFORCEMENT:

– Open Account (credit card): 4 years
– Oral Contract: 4 years
– Written Contract: 5 years
– Domestic Judgment: 5 years (renewable)
– Foreign Judgment: 6 years (renewable)

BAD CHECK LAW DAMAGES:

– Triple amount of check up to $500 over check amount

tape recording

– One party state

BANKRUPTCY PROPERTY EXEMPTIONS:
(Idaho Code)

– Cannot claim federal exemptions, but can claim federal non–bankruptcy exemptions
– The State of Idaho exempts the property and income below from seizure by the bankruptcy court to pay creditors:

Real Estate:

– Real property or mobile home used a residence up to $50,000, proceeds from sale are exempt for six months (must record homestead exemption) [55–1004 and 55–1113]

Personal property:

– Appliances, books, clothing, family portraits, one firearm, musical instruments, pets, furnishings and sentimental heirlooms, up to $500 per item and up to $4,000 total [1–605(1)]
– Building materials, unlimited amount [45–514]
– Jewelry up to $250 [11–605(2)]
– Motor vehicle up to $1,500 [11–605(3)]
– Arms, uniforms and equipment required for peace officer, national guard or military personnel, unlimited amount [1–605(5)]
– Health aids, unlimited amount [11–603(2)]
– Burial plot, unlimited amount [11–603(1)]
– Up to 50 acres of crops valued up to $1,000 [11–605(6)]
– Implements, books and tools of trade up to $1,000 [11–605(3)]
– Personal injury recoveries, unlimited amount [11–604(1)(c)]
– Wrongful death recoveries, unlimited amount [11–604(1)(c)]
– Proceeds for damaged exempt property within last three months up to amount of exemption [11–606]
– water rights up to 160 inches [11–605(6)]

Insurance / Annuities:

– Annuity contract proceeds to $350 per month [41–1836]
– Death or disability benefits, unlimited amount [11–604(1)(a) and 41–1834]
– Fraternal society benefits, unlimited amount [41–3218]
– Homeowners' insurance proceeds up to amount of real estate exemption [55–1008]
– Group life insurance benefits, unlimited amount [41–1835]
– Life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [41–1930]
– Life insurance proceeds for beneficiary other than the insured, unlimited amount [11–604(d) and 41–1833]
– Medical, surgical or hospital care benefits, unlimited amount [11–603(5)]

Pensions / Retirement Plans:

– Retirement benefits, unlimited amount [55–1011]
– Public employees, unlimited amount [59–1317]
– Police officers, unlimited amount [50–1517]
– Firefighters, unlimited amount [72–1422]

Public Benefits / Entitlements:

– Veterans' benefits, unlimited amount [11–603(3)]
– Workers' compensation, unlimited amount [72–802]
– Aid to blind, aged, or disabled and families with dependent children [56–223]
– Any type of government assistance, unlimited amount [11–603(4)]
– General assistance, unlimited amount [56–223]
– Social security; unlimited amount [11–603(3)]
– Unemployment compensation, unlimited amount [11–603(6)]

Wages:

– 75% of earned but unpaid wages or pension payments [11–207]

Miscellaneous:

– Alimony or child support, amount needed for support [11–604(1)(b)]
– Motor vehicle financial responsibility deposits [49–1216]
– Liquor licenses, unlimited amount [23–514]
– Business partnership property, unlimited amount [53–325]