Idaho § 11-301 EXECUTION OF WRIT

Idaho Statutes

§ 11-301 — EXECUTION OF WRIT

Idaho § 11-301

Title 11ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

Ch. 3LEVY AND SALE UNDER EXECUTION

This text of Idaho § 11-301 (EXECUTION OF WRIT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 11-301 (2026).

Text

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 or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the sheriff, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs.

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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 or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the sheriff, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs.
The provisions of sections 11-703, 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to a levy upon personal property.

Legislative History

[(11-301) C.C.P. 1881, sec. 441; R.S., R.C., & C.L., sec. 4481; C.S., sec. 6921; I.C.A., sec. 8-301; am. 1991, ch. 165, sec. 12, p. 405; am. 2017, ch. 303, sec. 7, p. 802.]