Title 11 — ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

11-101. Time within which execution may issue — Stay pending disposition of motions. Except as provided in section 5-245, Idaho Code, for execution on judgments for support of a child and for execution on judgments for restitution to victims of crime, the party in whose favor jud…

11-102. Form of writ. The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligently refer to the judgment, stating the court, the county where the judgment …

11-103. Time when returnable — Record in execution book — Continuous execution or garnishment for child support. (a) Except as provided in subsection (b) of this section, the execution may be made returnable at any time not less than ten (10) nor more than sixty (60) days after i…

11-104. Enforcement of judgment by execution. When the judgment is for money, or the possession of real or personal property, the same may be enforced by a writ of execution; and if the judgment direct that the defendant be arrested, the execution may issue against the person of …

11-105. Execution after ten years. In all cases other than for the recovery of money the judgment may be enforced or carried into execution after the lapse of ten (10) years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded u…

11-106. Execution after death. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows: 1. In the case of the death of the judgment creditor, upon the application of his executor or administrator or successor in i…

11-107. Executions directed to sheriff — Executions in different counties at the same time. Where the execution is against the property of the judgment debtor it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property i…

11-108. Execution of civil judgments against prisoners. (1) For purposes of this section, the county sheriffs and the department of correction are exempt from the requirements of title 8 and title 11, Idaho Code. However, nothing in this section shall prevent the county, county s…

11-201. Property liable to seizure. All goods, chattels, moneys and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law or by court order, and all property and rights of property, seized and held under attachment in the action…

11-203. Claim of exemption by defendant or third party claim — Motion to contest claim and hearing — Holding and release of property by sheriff. The following procedures shall apply to a claim by the defendant or the defendant’s representative that property levied upon is exempt …

11-204. Exemption in favor of married person. All real and personal property of any married person at the time of his or her marriage, or which he or she subsequently acquires as separate property, and all noncommunity rents, issues and profits thereof, are exempt from execution …

11-206. Definitions. For the purpose of section 11-207, Idaho Code, the term: 1. "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or ret…

11-207. Restriction on garnishment — Maximum. (1) Except as provided in subsection (2) of this section, the maximum amount of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment shall not exceed (a) twenty-five per cent (25%) of …

11-301. Execution of writ. The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff o…

11-302. Sale of property — Notice. Before the sale of the property on execution, notice thereof must be given as follows: 1. In case of perishable property, by posting a written notice of the time and place of sale in three (3) public places of the precinct or city where the sale…

11-303. Sale without notice — Penalty. An officer selling without the notice prescribed by the last section forfeits $500 to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the sat…

11-304. Conduct of sale. All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, o…

11-305. Refusal to pay purchase-money — Resale. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the offi…

11-306. Refusal to pay purchase-money — Rejection of subsequent bids. When a purchaser refuses to pay the officer may, in his discretion, thereafter reject any subsequent bid of such person.

11-307. Limitation of officer’s liability. The two (2) preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay.

11-308. Delivery of property to purchaser — Certificate of sale. When the purchaser of any personal property capable of manual delivery pays the purchase-money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a c…

11-309. Certificate of sale — Title conveyed. When the purchaser of any personal property not capable of manual delivery pays the purchase-money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser…

11-310. Title to real property — Right of redemption — Certificate of sale. Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest and claim of the judgment debtor thereto; and all his right, title, interest and claim thereto at …

11-311. Execution of deed by successor in office. When the sheriff who has sold any real estate shall die, resign, be removed from office, or his term of office expire, before executing any good and sufficient deed for such real estate, such deed may be executed by the successor …

11-312. Failure of title — Revival of judgment. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may…

11-313. Contribution between joint debtors. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may…

11-401. Redemption — Persons entitled to make. Property sold subject to redemption, as provided in section 11-310, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest: 1. The judgment debtor, o…

11-402. Redemption — How made. The judgment debtor or redemptioner may redeem the property from the purchaser within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the…

11-403. Subsequent redemptions. If property be so redeemed by a redemptioner, another redemptioner may, within sixty (60) days after the last redemption and within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, …

11-404. Payment of redemption money. The payments mentioned in the last two (2) sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale, or to his successor in office. When the judgment under which the sale has been made is payable in a…

11-405. Service of papers by redemptioner. A redemptioner must produce to the officer or person from whom he seeks to redeem, and serve with his notice to the sheriff: 1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the…

11-406. Restraint of waste pending expiration of redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgmen…

11-407. Right to rents and profits after sale. The purchaser, from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the v…

11-501. Order for examination of defendant. When an execution against property of the judgment debtor or of any of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he do not reside in this state, to the sheriff of the county where …

11-502. Proceedings to compel appearance. After the issuing of an execution against property, and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or of a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towa…

11-503. Defendant’s debtor may satisfy execution. After the issuing of an execution against property and before its return, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution; a…

11-504. Examination of defendant’s debtors. After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment, or upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or cor…

11-505. Witnesses required to appear. Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under this chapter in the same manner as upon the trial of an issue.

11-506. Application of judgment debtor’s property to satisfaction of execution. The judge or referee may order any money or property of a judgment debtor not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towar…

11-507. Proceedings against defendant’s debtor. If it appears that a person or corporation, alleged to have money or property of the judgment debtor, or to be indebted to him, claims an interest in the money or property adverse to him, or denies the debt, the court or judge may a…

11-508. Disobedience of orders a contempt. If any person, party or witness disobey an order of the referee properly made in the proceedings before him under this chapter, he may be punished by the court or judge ordering the reference, for a contempt.

11-601. Definitions. As used in this act, unless the context otherwise requires: (1) "Individual" means a natural person and not an artificial person such as a corporation, partnership, or other entity created by law. (2) "Dependent" means an individual who derives support primar…

11-602. Protection of property of residents and nonresidents. (1) Residents of this state are entitled to the exemptions provided by this act. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence. (2) The term "resident" means an …

11-603. Property exempt without limitation. An individual is entitled to exemption of the following property: (1) A burial plot for the individual and his family; (2) Health aids reasonably necessary to enable the individual or a dependent to work or to sustain health; (3) Benefi…

11-604. Property exempt to extent reasonably necessary for support. (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents: (a) benefits paid or payable by reason of disability or illness; …

11-604A. Pension money exempt. (1) It is the policy of the state of Idaho to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Idaho unde…

11-605. Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitations. (1) An individual is entitled to exemption of the following property to the extent of a value not exceeding one thousand dollars ($1,000) on any one (1) item of property and not to excee…

11-606. Tracing exempt property. (1) If property, or a part thereof, that could have been claimed as exempt, such as, a burial plot under subsection (1) of section 11-603, Idaho Code, a health aid under subsection (2) of section 11-603, Idaho Code, or personal property subject to…

11-607. Claims enforceable against exempt property. (1) Notwithstanding other provisions of this act: (a) A creditor may make a levy against exempt property except property described in section 11-603, Idaho Code, to enforce a claim for: 1. Alimony, support, or maintenance; 2. Un…

11-608. Claim of exemption. Any person entitled to an exemption under this chapter may claim such exemption in the manner provided in section 11-203, Idaho Code.