Order for examination of defendant.
When an execution against property of the judgment debtor or of any of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he do not reside in this state, to the sheriff of the county where the judgment roll is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the judge of the court requiring such judgment debtor to appear and answer upon oath concerning his property, before such judge, or a referee appointed by him, at a time and place specified in the order; but no judgment debtor must be required to attend before a judge or referee out of the county in which he resides.
Notes of Decisions
Robert Wolford v. Shawn Montee, 387 P.3d 100 (Idaho 2016).
· cites it 2× “In the argument section of their brief, Appellants state: [T]he District Court clearly exceeded the statutory authority set forth in Idaho Code §§ 11-501 and 11-502. The Order of Examination of Judgment Debtors was void.”
Sharon Wechsler v. Norman J. Wechsler, 407 P.3d 214 (Idaho 2017).
· cites it 4× “I.C. § 11-501. Idaho Code section 11-504 provides a judgment creditor may examíne a judgment debtor’s debtors: After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment, or upon proof by affidavit or…”
Smith v. Smith, 29 P.3d 956 (Idaho Ct. App. 2001).
· cites it 4× “In April 2000, the district court issued an opinion granting Sharon’s motion for imposition of contempt sanctions.”
Allen v. Campbell (D. Idaho 2024).
· cites it 4× “Under Idaho Code § 11-501 , a judgment creditor is entitled to a hearing where the judgment debtor must appear and answer questions about his property and assets if a debt is not satisfied by the execution of the Writ.”
Robert Wolford v. Shawn Montee (Idaho 2016).
· cites it 2× “In the argument section of their brief, Appellants state: [T]he District Court clearly exceeded the statutory authority set forth in Idaho Code §§ 11-501 and 11-502. The Order of Examination of Judgment Debtors was void.”
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