Idaho § 8-503 UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS

Idaho Statutes

§ 8-503 — UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS

Idaho § 8-503

Title 8PROVISIONAL REMEDIES IN CIVIL ACTIONS

Ch. 5ATTACHMENTS

This text of Idaho § 8-503 (UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS) 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 § 8-503 (2026).

Text

(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 th

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(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.

Legislative 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.]