Title 8 — PROVISIONAL REMEDIES IN CIVIL ACTIONS

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 plainti…

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) o…

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 mu…

8-505. Property subject to attachment — Sale under execution. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profit thereon and all debts due such defendant, and all other property in this state of such…

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 …

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 …

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 …

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 bou…

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…

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.

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 owi…

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…

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…

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…

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 …

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 pay…

8-530. Action on attachment bond. If the execution be returned unsatisfied in whole or in part, the plaintiff may prosecute any undertaking given pursuant to section 8-506C, Idaho Code, or he may proceed as in other cases upon the return of an execution.

8-531. Discharge on judgment for defendant. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, must be deliv…

8-534. Vacation of irregular attachment. The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply on motion upon reasonable notice to the plaintiff, to the court in which the a…

8-535. Motion upon affidavit — How opposed. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the attachment was made.

8-536. Discharge — Amendments authorized. If upon such application it satisfactorily appears that the writ of attachment was improperly or irregularly issued it must be discharged; provided that such attachment shall not be discharged if at or before the hearing of such applicati…

8-537. Return of writ. The sheriff must return the writ of attachment with the summons, if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings indorsed thereon or attached thereto; and whenever an order has been made…

8-538. Discharge of lien on real estate. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, and the lien of the writ has in any manner been lost or destroyed, the court out of which the writ issued or the judge thereof, may, o…

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…

8-540. Early setting. In all proceedings brought under this chapter, 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 action to which special precedence is otherwise given by …

8-601. Grounds for appointment. A receiver may be appointed by the court in which an action is pending or has passed to judgment, or by the judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to …

8-601A. Additional grounds for appointment of receivers. (1) At any time after the filing for record of a notice of default and election to sell real property under a power of sale contained in a deed of trust, in accordance with the provisions of section 45-1505(3), Idaho Code, …

8-602. Appointment upon dissolution of corporation. Upon the dissolution of any corporation the district court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation, or of any membe…

8-603. Who may be appointed — Undertaking upon ex parte appointment — Additional undertaking. No party, or attorney, or person interested in an action, can be appointed receiver therein, without the written consent of the parties filed with the clerk. If a receiver be appointed u…

8-604. Oath and bond of receiver. Before entering upon his duties the receiver must be sworn to perform them faithfully, and with one (1) or more sureties, approved by the court or judge, execute an undertaking, to such person and in such sum as the court or judge may direct, to …

8-605. Powers of receiver. The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, a…

8-606. Investment of funds. Funds in the hands of a receiver may be invested upon interest, by order of the court; but no such order can be made except upon the consent of all the parties to the action.

8-701. When deposit may be ordered. When it is admitted by the pleading, or shown upon the examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee …

8-702. Custody of money deposited. If the money is deposited in court it must be paid to the clerk, who must deposit it with the county treasurer, by him to be held subject to the order of the court. For the safe keeping of the money deposited with him the treasurer is liable on …

8-703. Enforcement of order for deposit. Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take th…

8-704. Wage assignment for child support. In any proceeding where the court has ordered either or both parents to pay any amount for the support of a minor child, the court may order either parent or both parents to assign such sum as the court may determine to be equitable to th…

8-705. Wage assignment for support and care of delinquent child. In any proceeding where the court has ordered a parent or custodian to pay any amount for the care, support or maintenance of a child adjudged to be within the purview of chapter 5, title 20, Idaho Code, and through…