8-501 Attachment — When Applied For
8-502 Application — Court Examination — Order to Show Cause — Notice — Hearing — Temporary Restraining Order
8-503 Undertaking — Notice of Attachment — Intervening Creditors
8-504 Form of Writ
8-505 Property Subject to Attachment — Sale Under Execution
8-506 Execution of Writ
8-506A Attachment of a Debtor’s Interest in Personal Property Subject to Security Agreement — Attachment of Defendant’s Interest in Mortgage or Trust Deed — Attachment of Defendant’s Interest in Security Agreement
8-506B Service of Writ
8-506C Defendant’s Undertaking — Return of Property
8-506D Sufficiency of Sureties
8-507 Applicability
8-524 Inventory and Memorandum of Attached Property
8-525 Sale of Perishable Property — Collection of Debts
8-526 Order for Sale of Property in Interest of Parties
8-527 Claim of Property by Third Person or as Exempt
8-528 Sale of Attached Property to Satisfy Judgment
8-529 Collection of Deficiency After Sale — Delivery of Surplus to Defendant
8-530 Action On Attachment Bond
8-531 Discharge On Judgment for Defendant
8-534 Vacation of Irregular Attachment
8-535 Motion Upon Affidavit — How Opposed
8-536 Discharge — Amendments Authorized
8-537 Return of Writ
8-538 Discharge of Lien On Real Estate
8-539 Lien On Real Estate — Time Effective — Duration — Termination — Extension
8-540 Early Setting

Terms Used In Idaho Code > Title 8 > Chapter 5

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administration fee: means those charges made by the professional employer to the client over and above the cost of taxes, premiums, wages, state and federal withholdings or licensing procedures. See Idaho Code 44-2403
  • Administrator: means the administrator of the division of building safety of the state of Idaho. See Idaho Code 44-2101A
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agricultural association: means any nonprofit or cooperative association of farmers, growers or ranchers, incorporated or qualified under applicable state law. See Idaho Code 44-1601
  • Agricultural employer: means any person engaged in any activity included within the definition of "agriculture" in subsection (3) of this section. See Idaho Code 44-1601
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assigned worker: is a person with an employment relationship with both the professional employer and the client. See Idaho Code 44-2403
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means both the record owner of the beneficiary’s interest under a trust deed, including successors in interest. See Idaho Code 45-1201
  • Board: means the factory built structures advisory board established in section 39-4302, Idaho Code. See Idaho Code 44-2101A
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Claimant: means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. See Idaho Code 45-601
  • Client: means a person who obtains its work force from another person through a professional employer arrangement. See Idaho Code 44-2403
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor of the state of Idaho. See Idaho Code 44-1601
  • Department: means the department of labor. See Idaho Code 45-601
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department of labor. See Idaho Code 44-1601
  • Director: means the director of the department of labor. See Idaho Code 45-601
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Employee: means any person suffered or permitted to work by an employer. See Idaho Code 45-601
  • Employer: means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person. See Idaho Code 45-601
  • Engaged in the business: means the individual or entity buys, sells, brokers, trades, or offers for resale a manufactured or mobile home. See Idaho Code 44-2101A
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm labor contracting activity: means recruiting, soliciting, hiring, employing, furnishing or transporting any migrant or seasonal agricultural worker. See Idaho Code 44-1601
  • Farm labor contractor: means any person who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. See Idaho Code 44-1601
  • Farm labor contractor: means any person who, for a fee, furnishes workers to a farm operator. See Idaho Code 44-1902
  • Farm operation: means any activity by which a crop is planted, grown, tended, cultivated or harvested, in which eight (8) or more workers are working as a crew, unit or group for a period of four (4) or more hours. See Idaho Code 44-1902
  • Farm operator: means any individual, partnership, corporation, or other legal entity, or any officer or agent acting on behalf of such individual, partnership, corporation, or legal entity, which is the owner in possession, or lessee of, a farming operation, or which is responsible for its management condition. See Idaho Code 44-1902
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this chapter. See Idaho Code 44-2602
  • Grantor: The person who establishes a trust and places property into it.
  • Immediate family member: means the spouse, children, brother, sister, mother or father. See Idaho Code 44-1601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installer: means a person who owns a business that installs a manufactured home or mobile home at the site where it is to be used for occupancy. See Idaho Code 44-2101A
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • labor: as used in this title shall include the cost of worker’s compensation and occupational disease compensation security required by the provisions of sections 72-301 through 72-304, Idaho Code, and amendments thereto, payment for which security has not been made. See Idaho Code 45-517
  • labor organization: includes each employee association and union for employees of public and private sector employers. See Idaho Code 44-2602
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Manufacturer: means any person engaged in the business of manufacturing manufactured homes that are offered for sale, lease or exchange in the state of Idaho. See Idaho Code 44-2101A
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobile home: means a structure as defined in section 39-4105, Idaho Code. See Idaho Code 44-2101A
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, association, partnership, limited liability company, corporation or other business entity. See Idaho Code 44-1601
  • Person: means a natural person, corporation, partnership, trust, society, club, association or other organization. See Idaho Code 44-2101A
  • Person: means an individual, an association, a company, a firm, a partnership or a corporation. See Idaho Code 44-2403
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Place of business: refers to any physical location at which the business is lawfully conducted. See Idaho Code 44-2101A
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Political activities: means electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure. See Idaho Code 44-2602
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Professional employer: means any person engaged in providing the services of employees pursuant to one (1) or more professional employer arrangements or any person that represents itself to the public as providing services pursuant to a professional employer arrangement. See Idaho Code 44-2403
  • Professional employer arrangement: means an arrangement, under contract or otherwise, whereby:
  • Idaho Code 44-2403
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable distance: means a distance within one-quarter (1/4) mile or less of the place of work. See Idaho Code 44-1902
  • reconvey: means a reconveyance of a trust deed. See Idaho Code 45-1201
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means any person engaged in the business of selling or exchanging new, used, resale, third-party-owned, or brokered manufactured or mobile homes. See Idaho Code 44-2101A
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Seasonal agricultural worker: means an individual who is employed in agricultural employment of a seasonal or temporary nature and is not required to be absent overnight from his permanent place of residence. See Idaho Code 44-1601
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servicer: means a person or entity that collects loan payments on behalf of a beneficiary. See Idaho Code 45-1201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title agent: means a title insurance agent duly licensed as an organization under chapter 27, title 41, Idaho Code. See Idaho Code 45-1201
  • Title insurer: means a title insurer duly authorized to conduct business in the state of Idaho under title 41, Idaho Code. See Idaho Code 45-1201
  • Toilet facility: means a facility, including a portable facility, which contains a toilet designed to provide privacy, to prevent contamination of crops and adjoining water supplies. See Idaho Code 44-1902
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust deed: means a trust deed as defined in section 45-1502, Idaho Code. See Idaho Code 45-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Union dues: means dues, fees or other moneys required as a condition of membership in a labor organization. See Idaho Code 44-2602
  • Wage claim: means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, penalties, or damages provided by law to employees with a claim for unpaid wages. See Idaho Code 45-601
  • Wages: means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis. See Idaho Code 45-601
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114