Section 8-528 – SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT.
8-528. SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT. If judgment be recovered by the plaintiff, the sheriff must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of […]
Section 8-501 – ATTACHMENT — WHEN APPLIED FOR.
8-501. ATTACHMENT — WHEN APPLIED FOR. The plaintiff at the time of the issuing of summons, or at any time afterwards may make application to have the property of the defendant attached in accordance with the procedures provided for in this chapter, as security for the satisfaction of any judgment that may be recovered, unless […]
Section 8-529 – COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT.
8-529. COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT. If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, […]
Section 8-502 – APPLICATION — COURT EXAMINATION — ORDER TO SHOW CAUSE — NOTICE — HEARING — TEMPORARY RESTRAINING ORDER.
8-502. APPLICATION — COURT EXAMINATION — ORDER TO SHOW CAUSE — NOTICE — HEARING — TEMPORARY RESTRAINING ORDER. (a) A plaintiff desiring the issuance of a writ of attachment shall file with the court an application therefor supported by an affidavit made by or on behalf of plaintiff setting forth: 1. That the defendant is […]
Section 8-503 – UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS.
8-503. UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS. (a) No writ of attachment shall issue except upon the filing with the court of a written undertaking on the part of the plaintiff in such amount as determined to be proper by the court pursuant to subsection (e) of section 8-502, Idaho Code, to the […]
Section 8-504 – FORM OF WRIT.
8-504. FORM OF WRIT. The writ of attachment shall be directed to the sheriff of any county in which property of such defendant may be located, and must require him to attach and safely keep all the property of such defendant, within his county, not exempt from execution, or so much thereof as may be […]