Section 8-506 – EXECUTION OF WRIT.
8-506. EXECUTION OF WRIT. The sheriff to whom the writ is directed and delivered must execute the same without delay, and if the undertaking mentioned in section 8-506C, Idaho Code, be not given, as follows: 1. Real property standing upon the records of the county in the name of the defendant must be attached by […]
Section 8-506A – ATTACHMENT OF A DEBTOR’S INTEREST IN PERSONAL PROPERTY SUBJECT TO SECURITY AGREEMENT — ATTACHMENT OF DEFENDANT’S INTEREST IN MORTGAGE OR TRUST DEED — ATTACHMENT OF DEFENDANT’S INTEREST IN SECURITY AGREEMENT.
8-506A. ATTACHMENT OF A DEBTOR’S INTEREST IN PERSONAL PROPERTY SUBJECT TO SECURITY AGREEMENT — ATTACHMENT OF DEFENDANT’S INTEREST IN MORTGAGE OR TRUST DEED — ATTACHMENT OF DEFENDANT’S INTEREST IN SECURITY AGREEMENT. Personal property subject to a security interest, a defendant’s equity of redemption in personal property and a defendant’s interest in a real estate mortgage […]
Section 8-506B – SERVICE OF WRIT.
8-506B. SERVICE OF WRIT. The sheriff shall, without delay serve upon the defendant a copy of the writ of attachment and written undertaking by delivering the same to him personally, if he can be found, or to his agent from whom possession of the property is taken; or, if neither can be found, by leaving […]
Section 8-506C – DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY.
8-506C. DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY. At any time the defendant may retain or require the return of all or any portion of the property upon filing with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound in an amount sufficient to satisfy […]
Section 8-506D – SUFFICIENCY OF SURETIES.
8-506D. SUFFICIENCY OF SURETIES. The qualification of sureties under any written undertaking referred to in this chapter shall be such as prescribed by the code in respect to bail upon an order of civil arrest. Either party may, within two (2) days after service of an undertaking or notice of filing an undertaking under the […]
Section 8-507 – APPLICABILITY.
8-507. APPLICABILITY. To the extent that the provisions of chapter 7, title 11, Idaho Code, are not inconsistent with the provisions of this chapter, such provisions shall apply to the attachment process. History: [8-507, added 2017, ch. 303, sec. 3, p. 800.]
Section 8-524 – INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY.
8-524. INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY. The sheriff must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to the debts and credits attached, he must request, at the time of service, the party owing the debt or having the […]
Section 8-525 – SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS.
8-525. SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS. If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution. The proceeds and other property attached by him must be retained by him to answer any judgment that may be recovered […]
Section 8-526 – ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES.
8-526. ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES. Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactory to the court, or a judge thereof, that the interests of the parties to the action will be subserved by a sale thereof, the court […]
Section 8-527 – CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT.
8-527. CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT. If any personal property attached, garnished or executed upon be claimed by a third person as his property, or by the defendant as exempt property, the same rules shall prevail as to the contents and making of said claim, and as to the holding of […]