This document is an official Idaho form to be used in the small claims division of the Idaho court system. The writ be is issued to allow the plaintiff to recover property rightfully belonging to him as a result of a judgment against the defendant in the small claims court.
Idaho Writ of Possession On Small Claims Judgment
State:
Idaho
Control #:
ID-098-SC
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How to fill out Idaho Writ Of Possession On Small Claims Judgment?
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FAQ
To collect on a judgment in Idaho, start by obtaining a copy of the judgment from the court. Then, utilize various tools like wage garnishment or property liens, depending on the situation. Additionally, you may consider filing for a Writ of Possession on Small Claims Judgment if you need to recover property. Resources such as US Legal Forms can help guide you through the specific steps and paperwork required.
A simple way to collect a judgment is by deducting money out of the debtor's paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.
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).
In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.
Garnishing the Judgment Debtor's wages. Garnishing the Judgment Debtor's spouses wages (Pursuant to Idaho's community property laws, the Judgment Debtor has an undivided community property interest in his/her spouse's wages.) Garnishing the Judgment Debtor's bank accounts.
In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.
However, the July 1, 2015, amendments to the Idaho Code also extended the timeframe for obtaining a writ of execution to ten years.
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.
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.