Section 8-539 – LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.
8-539. LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, such levy shall be a lien upon all real property for a period of two (2) years after the date of levy unless sooner […]
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 8-310 – RETURN OF WRIT.
8-310. RETURN OF WRIT. The sheriff shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within twenty (20) days after taking the property mentioned therein. History: [I.C., sec. 8-310, as added by 1973, ch. 118, sec. 2, p. 219.]
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 8-311 – ORDERS TO PROTECT POSSESSION.
8-311. ORDERS TO PROTECT POSSESSION. After the property has been delivered to a party or the value thereof secured by an undertaking as provided in this chapter, the court shall, by appropriate order, protect that party in the possession of such property until the final determination of the action. History: [I.C., sec. 8-311, as added […]
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 […]
Section 8-312 – EARLY SETTINGS.
8-312. EARLY SETTINGS. In all proceedings brought to recover the possession of personal property, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except actions to which special precedence is otherwise given by law, in the matter of setting the […]