Execution of writ.
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.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1984–2024 · leading case:
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008).
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008).
· cites it 2× “; I.C. § 11-301. Because we affirm the district court in its determination that the decree of divorce divested Chavez of her real property interest in the home, we affirm the district court’s conclusion that the sheriff followed the proper procedures in executing against her…”
Safaris Unlimited, LLC v. Von Jones, 421 P.3d 205 (Idaho 2018).
· cites it 4× “§ 11-201, requires any sale proceeds exceeding the amount of the judgment to be returned to the judgment debtor, I.C. § 11-301, sets forth detailed notice requirements, I.”
Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984).
· cites it 4× “The district court noted that I.C. § 11-301 provides that the “sheriff must execute the writ [of execution] .”
Angelos v. Schatzel, 556 P.3d 441 (Idaho 2024).
· cites it 2× “Idaho Code section 11-301 is similarly broad and requires the sheriff to 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 8 in action, and selling the other…”
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treatment. Dots show Syfertize treatment of the citing case itself.