Undertaking — Notice of attachment — Intervening creditors.
(a) No writ of attachment shall issue except upon the filing with the court of a written undertaking on the part of the plaintiff in such amount as determined to be proper by the court pursuant to subsection (e) of section 8-502, Idaho Code, to the effect that, if the defendant recover judgment, or if the attachment be wrongfully issued, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment not exceeding the sum specified in the undertaking; and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto under section 8-501, Idaho Code, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. No such security shall be required of the state or of any political subdivision, or of an officer or agency thereof.
(b) Within two (2) days after issuing such writ and delivering it to the proper officer, the clerk must post at the front door of the courthouse and cause to be published in some newspaper published in the county, if there be one, or otherwise in a newspaper of general circulation in the county, a notice, setting out the title of the cause and the fact that an attachment has been issued against the property of the defendant. Such notice shall be kept posted at least ten (10) days and shall be published, if in a weekly paper, in three (3) issues thereof, and if any other than a weekly paper, in at least six (6) issues. Any creditor of the defendant, who, within thirty (30) days after the first posting and publication of such notice, shall commence and thereafter diligently prosecute to final judgment his action for his claim against the defendant shall share pro rata with the attaching creditor in the proceeds of defendant’s property where there is not sufficient to pay all judgments in full against him.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1955–2021 · leading case:
Cole v. Kunzler, 768 P.2d 815 (Idaho Ct. App. 1989).
Cole v. Kunzler, 768 P.2d 815 (Idaho Ct. App. 1989).
· cites it 12× “First, the court reasoned that the prejudgment attachment statute, I.C. § 8-503, renders the plaintiff responsible for all costs (including attorney fees) awardable to a defendant who prevails in an action where a writ of attachment has been issued.”
Sinclair & Co., Inc. v. Gurule, 757 P.2d 225 (Idaho Ct. App. 1988).
· cites it 4× “No new undertaking for the writ of attachment, required by I.C. § 8-503, was filed by Sinclair at the time.”
Jaquith v. Stanger, 310 P.2d 805 (Idaho 1957).
“Neither is this an action for wrongful attachment under the statute, § 8-503, I.C., nor a case in which the plaintiff was entitled to appear in the probate court and move for dissolution pursuant to § 8-534, I.”
Rougle v. Turk, 283 P.2d 915 (Idaho 1955).
· cites it 2× “Section 8-503, I.C., provides that before a writ of attachment may issue an undertaking must be required by the clerk.”
Bannock Title Co. v. Lindsey, 388 P.2d 1011 (Idaho 1963).
“C- § 8-503 provides: “ * * * Any creditor of the defendant, who, within thirty days after the first posting and publication of such notice, shall commence and thereafter diligently prosecute to final judgment his action for his claim against the defendant shall share pro rata…”
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021).
· cites it 2× “Pursuant to Idaho Code § 8-503 (b) within two days after the writ is issued and delivered to the proper officer, the Clerk is directed to provide notice that an attachment has been issued against the property of Defendants Crypto Traders Management, LLC, and Shawn Cutting; and…”
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