reglab/housing_qa huggingface dataset:
ID Code § 8-308 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-308 - DUTIES OF SHERIFF.

8-308. DUTIES OF SHERIFF. When the sheriff has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of five (5) days after service upon the defendant of a copy of the written undertaking as provided in section 8-305, Idaho Code, unless defendant shall file an undertaking for redelivery as provided in section 8-306, Idaho Code, and expiration of the time for exception to the sureties upon any undertaking, unless the court shall by order stay such delivery.  History: [I.C., sec. 8-308, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-309 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-309 - THIRD PARTY CLAIMS.

8-309. THIRD PARTY CLAIMS. In cases where the property taken is claimed by any person other than the defendant or his agent, the rules and proceedings applicable in cases of third party claims after levy under execution shall apply.  History: [I.C., sec. 8-309, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-310 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|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.]
ID Code § 8-311 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|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 by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-312 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|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 same for hearing or trial, and in hearing or trial thereof, to the end that all such actions shall be quickly heard and determined.  History: [I.C., sec. 8-312, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-501 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 the defendant gives security to pay such judgment as in this chapter provided in the following cases. 1. In an action upon a judgment, or upon contract, express or implied, for the direct payment of money, where the contract is not secured by any mortgage, deed of trust, security interest or lien upon real or personal property; or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless. 2. In an action upon a judgment, or upon contract, express or implied, or for the collection of any penalty provided by any statute of this state, against a defendant not residing in this state.  History: [(8-501) C.C.P. 1881, sec. 318; R.S. & R.C., sec. 4302; am. 1913, ch. 51, sec. 1, p. 160; reen. C.L., sec. 4302; C.S., sec. 6779; I.C.A., sec. 6-501; am. 1974, ch. 307, sec. 2, p. 1793.]
ID Code § 8-503 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 effect that, if the defendant recover judgment, or if the attachment be wrongfully issued, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment not exceeding the sum specified in the undertaking; and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto under section 8-501, Idaho Code, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. No such security shall be required of the state or of any political subdivision, or of an officer or agency thereof. (b) Within two (2) days after issuing such writ and delivering it to the proper officer, the clerk must post at the front door of the courthouse and cause to be published in some newspaper published in the county, if there be one, or otherwise in a newspaper of general circulation in the county, a notice, setting out the title of the cause and the fact that an attachment has been issued against the property of the defendant. Such notice shall be kept posted at least ten (10) days and shall be published, if in a weekly paper, in three (3) issues thereof, and if any other than a weekly paper, in at least six (6) issues. Any creditor of the defendant, who, within thirty (30) days after the first posting and publication of such notice, shall commence and thereafter diligently prosecute to final judgment his action for his claim against the defendant shall share pro rata with the attaching creditor in the proceeds of defendant’s property where there is not sufficient to pay all judgments in full against him.  History: [(8-503) C.C.P. 1881, sec. 320; R.S., sec. 4304; am. 1895, p. 75, sec. 1; reen. 1889, p. 250, sec. 1; reen. R.C., & C.L., sec. 4304; C.S., sec. 6781; am. 1921, ch. 206, sec. 1, p. 416; I.C.A., sec. 6-503; am. 1974, ch. 307, sec. 4, p. 1793.]
ID Code § 8-504 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 sufficient to satisfy the plaintiff’s demands, the amount of which must be stated in conformity with the complaint. If issued prior to hearing under paragraph (2) or (3) of subsection (c), section 8-503 [8-502], Idaho Code, the writ shall describe the specific property to be levied upon. If the court has directed the order in which the writ shall be levied upon different assets of the defendant under subsection (e), section 8-502, Idaho Code, the writ shall set forth such directions. There shall be attached to the writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that he has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in section 8-506C, Idaho Code. Several writs may be issued at the same time to the sheriffs of different counties, and the plaintiff may have other writs of attachment as often as he may require at any time before judgment, without further notice to the defendant.  History: [(8-504) C.C.P. 1881, sec. 321; R.S., R.C., & C.L., sec. 4305; C.S., sec. 6782; I.C.A., sec. 6-504; am. 1974, ch. 307, sec. 5, p. 1793.]
ID Code § 8-505 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-505 - PROPERTY SUBJECT TO ATTACHMENT — SALE UNDER EXECUTION.

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 defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.  History: [(8-505) C.C.P. 1181, sec. 322; R.S., R.C., & C.L., sec. 4306; C.S., sec. 6783; I.C.A., sec. 6-505.]
ID Code § 8-506 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 filing with the recorder of the county a copy of the writ, together with a description of the property attached and a notice that it is attached. 2. Real property or an interest therein belonging to the defendant and held by any other person, or standing on the records of the county in the name of any other person, must be attached by filing with the recorder of the county a copy of the writ, together with a description of the property, and a notice that such real property and any interest of the defendant therein, held by or standing in the name of such other person (naming him), are attached. The recorder must index such attachment, when filed, in the names of both, of the defendant and of the person by whom the property is held or in whose name it stands on the records. 3. Personal property capable of manual delivery must be attached by taking it into custody. 4. Stock or shares, or interest in stock or shares, of any corporation or company must be attached by leaving with the president or other head of the same, or the secretary, cashier or other managing agent thereof, a copy of the writ and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ; provided, that securities as defined in section 28-8-102, Idaho Code, must be attached as provided in section 28-8-112, Idaho Code. 5. Debts and credits and other personal property not capable of manual delivery must be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits or other personal property in his possession or under his control, belonging to the defendants, are attached in pursuance of such writ.  History: [(8-506) C.C.P. 1881, sec. 323; R.S., & R.C., sec. 4307; am. 1911, ch. 162, sec. 1, p. 559; reen. C.L., sec. 4307; C.S., sec. 6784; I.C.A., sec. 6-506; am. 1974, ch. 307, sec. 6, p. 1793; am. 1998, ch. 243, sec. 1, p. 802.]
ID Code § 8-506B (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 them at the issued place of abode of either with some person of suitable age and discretion; or, if neither have a place of abode, by mailing them to their last known address.  History: [I.C., sec. 8-506B, as added by 1974, ch. 307, sec. 7, p. 1793.]
ID Code § 8-506D (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 provisions of this chapter, give written notice to the court, the other party and the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When a party excepts, the other party’s sureties shall justify on notice within not less than two (2), nor more than five (5) days, in like manner as upon bail upon civil arrest. If any of the defendant’s property be in the custody of the sheriff, he shall retain custody thereof until the justification is completed or waived or fails. If the sureties for the plaintiff’s undertaking, filed pursuant to section 8-503, Idaho Code, fail to justify, the writ of attachment must be vacated and the sheriff shall return the property to the defendant. If the sureties for the defendant’s undertaking, filed pursuant to section 8-506C, Idaho Code, fail to justify, the sheriff shall proceed as if no such undertaking had been filed. If the sureties justify or the exception is waived, the sheriff shall proceed as if no such exception had been filed.  History: [I.C., sec. 8-506D, as added by 1974, ch. 307, sec. 9, p. 1793.]
ID Code § 8-507 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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.]
ID Code § 8-524 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 credit to give him a memorandum, stating the amount and description of each, and if such memorandum be refused, he must return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the cost of any proceedings taken for the purpose of obtaining information respecting the amounts and description of such debt or credit.  History: [(8-524) C.C.P. 1881, sec. 327; R.S., R.C., & C.L., sec. 4311; C.S., sec. 6802; I.C.A., sec. 6-524.]
ID Code § 8-525 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 in the action, unless sooner subjected to execution upon another judgment recovered previous to issuing of the attachment. Debts and credits attached may be collected by him if the same can be done without suit. The sheriff’s receipt is a sufficient discharge for the amount paid.  History: [(8-525) C.C.P. 1881, sec. 328; R.S., R.C., & C.L., sec. 4312; C.S., sec. 6803; I.C.A., sec. 6-525.]
ID Code § 8-526 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment in the action. Such an order can be made only upon notice to the adverse party or his attorney, in case such party has been personally served with a summons in the action.  History: [(8-526) C.C.P. 1881, sec. 329; R.S., R.C., & C.L., sec. 4313; C.S., sec. 6804; I.C.A., sec. 6-526.]
ID Code § 8-527 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 said property, as in the case of a claim after levy upon execution, as provided in section 11-203, Idaho Code.  History: [(8-527) C.C.P. 1881, sec. 330; R.S. & R.C., sec. 4314; am. 1913, ch. 109, sec. 11, p. 430; reen. C.L., sec. 4314; C.S., sec. 6805; I.C.A., sec. 6-527; am. 1939, ch. 12, sec. 1, p. 28; am. 1991, ch. 165, sec. 7, p. 403.]
ID Code § 8-528 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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 the attachment, if it be sufficient for that purpose: 1. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment. 2. If any balance remain due, and an execution shall have been issued on the judgment, he must sell, under the execution, so much of the property, real or personal as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sale must be given, and the sales conducted as in other cases of sales on execution.  History: [(8-528) C.C.P. 1881, sec. 331; R.S., R.C., & C.L., sec. 4315; C.S., sec. 6806; I.C.A., sec. 6-528.]
ID Code § 8-529 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|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, the sheriff must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.  History: [(8-529) C.C.P. 1881, sec. 332; R.S., R.C., & C.L., sec. 4316; C.S., sec. 6807; I.C.A., sec. 6-529.]
ID Code § 8-530 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-530 - ACTION ON ATTACHMENT BOND.

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.  History: [(8-530) C.C.P. 1881, sec. 333; R.S., R.C., & C.L., sec. 4317; C.S., sec. 6808; I.C.A., sec. 6-530; am. 1974, ch. 307, sec. 10, p. 1793.]
ID Code § 8-531 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-531 - DISCHARGE ON JUDGMENT FOR DEFENDANT.

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 delivered to the defendant or his agent. The order of attachment shall be discharged, and the property released therefrom.  History: [(8-531) C.C.P., 1881, sec. 334; R.S., R.C., & C.L., sec. 4318; C.S., sec. 6809; I.C.A., sec. 6-531.]
ID Code § 8-534 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-534 - VACATION OF IRREGULAR ATTACHMENT.

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 action is brought, or to the judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.  History: [(8-534) C.C.P. 1881, sec. 337; R.S., R.C., & C.L., sec. 4321; C.S., sec. 6812; I.C.A., sec. 6-534.]
ID Code § 8-535 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-535 - MOTION UPON AFFIDAVIT — HOW OPPOSED.

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.  History: [(8-535) C.C.P. 1881, sec. 338; R.S., R.C., & C.L., sec. 4322; C.S., sec. 6813; I.C.A., sec. 6-535.]
ID Code § 8-536 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-536 - DISCHARGE — AMENDMENTS AUTHORIZED.

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 application, the writ of attachment, or the affidavit, or undertaking upon which such attachment was based, shall be amended or made to conform to the provisions of this chapter.  History: [(8-536) R.S., R.C., & C.L., sec. 4323; C.S., sec. 6814; am. 1921, ch. 160, sec. 1, p. 354; I.C.A., sec. 6-536.]
ID Code § 8-537 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 5 - ATTACHMENTS|Section 8-537 - RETURN OF WRIT.

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 discharging or releasing an attachment upon real property, a certified copy of such order may be filed in the office of the county recorder in which the notice of attachment has been filed, and be indexed in like manner.  History: [(8-537) C.C.P. 1881, sec. 340; R.S., R.C., & C.L., sec. 4324; C.S., sec. 6815; I.C.A., sec. 6-537.]