Idaho Code
Idaho Code

Idaho Code § 8-501 (2026)

Attachment — When applied for. 

✓ current as of May 2026
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Attachment — When applied for. 

The plaintiff at the time of the issuing of summons, or at any time afterwards may make application to have the property of the defendant attached in accordance with the procedures provided for in this chapter, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as in this chapter provided in the following cases.

1.  In an action upon a judgment, or upon contract, express or implied, for the direct payment of money, where the contract is not secured by any mortgage, deed of trust, security interest or lien upon real or personal property; or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless.
2.  In an action upon a judgment, or upon contract, express or implied, or for the collection of any penalty provided by any statute of this state, against a defendant not residing in this state.
Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1957–2024 · leading case: First Realty & Inv. Co. v. Rubert, 600 P.2d 1149 (Idaho 1979).
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First Realty & Inv. Co. v. Rubert, 600 P.2d 1149 (Idaho 1979). · cites it 2× “” In seeking to uphold that ruling First Realty argues that the provisions of I.C. § 8-501, in effect when the attachment was levied, gave them the right to attach the property of the Ruberts as security for the satisfaction of the judgment sought in the action on the note — the…”
Blankenship v. Myers, 544 P.2d 314 (Idaho 1975). · cites it 2× “The Blankenships argue that a vendor’s lien is not the type of security contemplated by the attachment statutes, and that thus they had no security within the meaning of I.”
Krystal M. Kinghorn v. Kelly N. Clay & BRP, Inc., 283 P.3d 779 (Idaho 2012). · cites it 2× “96, BRP filed a petition for writ of attachment pursuant to I.C. § 8-501. The petition referenced the stipulation executed by Clay and Kinghorn as well as the property at the center of this dispute, and asserted that: In the event that the Payment [required by Clay and…”
Sinclair & Co., Inc. v. Gurule, 757 P.2d 225 (Idaho Ct. App. 1988). · cites it 2× “WRIT OF ATTACHMENT Sinclair filed its complaint against Gurule on November 21,1983, and immediately applied for a temporary restraining order and writ of attachment under I.C. §§ 8-501 to 8-540. Pursuant to I.C. § 8-502(d) the court issued a temporary restraining order barring…”
Heinrich v. Barlow, 390 P.2d 831 (Idaho 1964). · cites it 5× “This being so, the contract was one expressly providing for security within the meaning of I.C. §§ 8-501, 8-502, and the attachment was properly discharged.”
Slayton v. Zapp, 697 P.2d 1258 (Idaho Ct. App. 1985). · cites it 2× “We hold therefore that the vehicle was not “property of the defendant,” I.C. § 8-501, which could be attached. *247 Thus, while we conclude that the court erred in determining that Megan Zapp was the owner of the vehicle when it was attached, because no certificate of title had…”
Carbajal v. Hayes Mgmt. Servs., Inc. (D. Idaho 2023). · cites it 15× “Here, Carbajal asks the Court to issue a prejudgment writ of attachment under a particular state statute: Idaho Code § 8-501 . That law allows a plaintiff to request a prejudgment writ of attachment directed at property of a defendant “as security for the satisfaction of any…”
Bannock Title Co. v. Lindsey, 388 P.2d 1011 (Idaho 1963). · cites it 6× “I.C. § 8-501 provides: “The plaintiff at the time of the issuing of summons, or at any time after-wards may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such…”
United States v. Brame, 243 F. Supp. 29 (D. Idaho 1965). “§ 8-501, reads in part: “The plaintiff at the time of the issuing of the summons, or at any time afterwards may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such…”
Skillern v. Ward, 317 P.2d 1050 (Idaho 1957). · cites it 4× “Section 8-501, I.C., provides: “The plaintiff at the time of the issuing of summons, or at any time afterwards may have the property of the defendant attached, * * Section 8-502, I.”
United States Sec. & Exch. Comm'n v. Crypto Traders Mgmt., LLC (D. Idaho 2021). · cites it 2× “I.C. §§ 8-501 et seq., 55- 913, 55-916. Idaho law sets forth two ways a defendant may obtain relief from a writ of attachment: (1) a “defendant may retain or require the return of all or any portion of the property upon filing with the court a written undertaking;” or (2) a…”
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021). · cites it 2× “I.C. §§ 8-501 et seq., 55- 913, 55-916. Idaho law sets forth two ways a defendant may obtain relief from a writ of attachment: (1) a “defendant may retain or require the return of all or any portion of the property upon filing with the court a written undertaking;” or (2) a…”
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