[CLBS] 11-605 interaction with 11-207. 2nd question in the same day; I feel like I'm in 2004

[Patrick J. Geile]

Does 11-605(12) expand or restrict 11-207 restriction on earnings.  It seems paid or payable earnings are subject to the garnishment restriction of 25%. But if I have a client owed 10K in earnings, he would want to exempt 75% af that as opposed to the 1500 as set forth in 11 605.

11-605 states:

*         (12)  An individual is entitled to an exemption for his disposable earnings as defined in subsection 2. of section 11-206, Idaho Code, wages, salaries, and compensation for personal services rendered, to the extent such earnings, wages, salaries, and compensation have been earned but have not been paid to the individual, not to exceed one thousand five hundred dollars ($1,500) in a calendar year. This exemption shall not affect the application or operation of the garnishment restrictions set forth in section 11-207, Idaho Code.


Also see in re Atkinson 258 BR 769 where the debtor was able to exempt 75% of AR income because it was attributable to  earnings.

Did 11-605 limit exempting earnings, even though earnings are defined as paid or payable under 11-206?


Patrick J. Geile
Foley Freeman PLLC
953 S. Industry Way, Meridian, Idaho 83642
P.O. Box 10
Meridian, Idaho 83642
Direct line: (208) 947-1563
Phone:  (208) 888-9111
Fax:  (208) 888-5130