Action Collection Service, Inc. v. Seele

138 Idaho 753, 69 P.3d 173 (2003)

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Action Collection Service, Inc. v. Seele

Idaho Court of Appeals
138 Idaho 753, 69 P.3d 173 (2003)

  • Written by Liz Nakamura, JD

Facts

In 1992, Action Collection Service, Inc. (Action) (plaintiff) obtained a judgment against Shelly Seele (defendant) in the amount of approximately $2,000. Over the next eight years, Action made numerous unsuccessful attempts to collect the debt. Seele married her current husband during those intervening years. In 2000, Action filed a motion to enforce its judgment by garnishing Seele’s wages, which the court granted. Seele moved to vacate the garnishment order, arguing that her wages, which were community property shared with her current husband, could not be garnished to satisfy a separate premarital debt. The magistrate denied Seele’s motion to vacate, and the district court affirmed. Seele appealed to the Idaho Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Perry, J.)

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