I have two civil judgments against me. On one, the original judgement was in 2003 for $622.58 and they keep renewing the judgement. The other judgement was in 2008 for $966.21. On the second judgement, they garnished my bank account in 2013 after a "debtors exam" for around $600. I just got a new job and am scared that they will both garnish my wages. I know that the statute of limitations in Idaho is 5 years, but the first one keeps renewing the judgment and the second one seems to have been able to garnish my wages even after 5 years from the date of the original judgement. I cannot find any information on whether or not a "debtors exam" extends a judgement.
This is not a statute of limitations issue. The statute of limitations defines the time within which a legal action for collection must be commenced. The time period for enforcement of a judgment runs from entry of judgment to issuance of the writ of execution (which is earlier than the date the writ was served). Effective July `1, 2015, that time limit was increased from 5 years to 10. With the information disclosed, it is not clear that the execution was outside any time limits. And, yes, both can garnish wages at the same time, but the limit is 25% of disposable earnings.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
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The statute of limitations only deals the the time to FiLE a lawsuit. A judgment has a different life than a mere claim, and judgments can live a very long time. With the right to renew a judgment, they can, like Vampires, enjoy virtual immortality. Time to consider options to resolve this, as you will not see this debt expire. Hope this perspective helps!.
The debtor's exam does not affect the statute of limitations or the renewal of judgments. It's a process used to make you show the court and the plaintiff what assets you have, and also allows you to exempt certain property from the creditor. Your local court may have a form you can fill out to protect some money in your bank accounts: http://www.nolo.com/legal-encyclopedia/idaho-bankruptcy-exemptions.html
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I think my esteemed colleagues have provided excellent comments for you. One think i would look at is the date the 2nd judgment was entered and then determine whether it was ever renewed. Though Idaho extended the life of a judgment from 5 year to 10 years. However, I believe that change in the law occurred in 2015, which would have been approximately 2 years after the expiration of the 2nd judgment. I do not think it had retroactive effect - though I have not researched that issue. If it's not retroactive (i.e., raises the dead judgment from the grave), then you may have a strong argument to quash the garnishment order on the basis that the judgment is no longer valid (having expired sometime in 2013 if not ever renewed).
Good luck on your endeavor.
This answer is in response to a general inquiry and should not be considered legal advice for your particular situation.
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