This Application and Affidavit for Writ of Execution is an official Idaho form. It is used to collect a judgment in the small claims court of the Idaho court systems.
Idaho Application And Affidavit For Writ of Execution
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Idaho
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ID-091-SC
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FAQ
Execution. n. 1) the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it and use the proceeds to pay the judgment.
A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of property as the result of a legal judgment. Property may include assets, money, or real property.
However, the July 1, 2015, amendments to the Idaho Code also extended the timeframe for obtaining a writ of execution to ten years.
The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.
A State Court judgment is valid for five years upon entry (I.C. § 11-101). Following its entry in an Idaho District Court, a judgment may be recorded with any county clerk's office within the state.
1) To finish, carry out, or perform as required, as in fulfilling one's obligations under a contract, plan, or court order. 2) To complete and otherwise make valid a document, such as a will, deed, or contract, for example by signing it and having it notarized.
Execution of Judgment:Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.
The most common ways to execute on a judgment are to garnish wages or to attach personal property. You can also file a judgment lien against the defendant's real property (land and buildings) and foreclose on the lien (process of selling the property to pay the judgment lien).
The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.