TITLE 8

PROVISIONAL REMEDIES IN CIVIL ACTIONS

CHAPTER 5

ATTACHMENTS

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.]