What is the process for obtaining a garnishment order in a small claims court case?

In Idaho, a garnishment order can be obtained through a small claims court. A garnishment order is an order by a court requiring a third party to withhold part of a person’s wages and pay the money to another person. In order to obtain a garnishment order, the person seeking the order must file a Motion for Garnishment with the small claims court. When filing the Motion for Garnishment, the person seeking the order must include the name of both parties involved in the underlying small claims case in addition to the name of the third party who will be responsible for withholding the wages. The Motion must also include the amount of wages to be withheld and must be served to all of the parties involved in the case. After the Motion is filed, the opposing party can respond with their argument concerning why the requested garnishment should not be ordered. A hearing will then be held and the court will determine whether or not to grant the garnishment order. If the court grants the order, it will be served to the third party responsible for withholding the wages and the money will be given to the original party who requested the garnishment. In order to obtain a garnishment order in Idaho, the person seeking the order must file a Motion for Garnishment with the small claims court, include the pertinent information, and serve it to all of the parties involved. The court will then determine if a garnishment order should be granted.

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