Idaho Code
Idaho Code

Idaho Code § 8-506 (2026)

Execution of writ. 

✓ current as of May 2026
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Execution of writ. 

The sheriff to whom the writ is directed and delivered must execute the same without delay, and if the undertaking mentioned in section 8-506C, Idaho Code, be not given, as follows:

1.  Real property standing upon the records of the county in the name of the defendant must be attached by filing with the recorder of the county a copy of the writ, together with a description of the property attached and a notice that it is attached.
2.  Real property or an interest therein belonging to the defendant and held by any other person, or standing on the records of the county in the name of any other person, must be attached by filing with the recorder of the county a copy of the writ, together with a description of the property, and a notice that such real property and any interest of the defendant therein, held by or standing in the name of such other person (naming him), are attached. The recorder must index such attachment, when filed, in the names of both, of the defendant and of the person by whom the property is held or in whose name it stands on the records.
3.  Personal property capable of manual delivery must be attached by taking it into custody.
4.  Stock or shares, or interest in stock or shares, of any corporation or company must be attached by leaving with the president or other head of the same, or the secretary, cashier or other managing agent thereof, a copy of the writ and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ; provided, that securities as defined in section 28-8-102, Idaho Code, must be attached as provided in section 28-8-112, Idaho Code.
5.  Debts and credits and other personal property not capable of manual delivery must be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits or other personal property in his possession or under his control, belonging to the defendants, are attached in pursuance of such writ.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1957–2024 · leading case: Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984).
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Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984). · cites it 16× “We also hold that I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”
Fulton v. Duro, 700 P.2d 14 (Idaho 1985). · cites it 4× “" The Court of Appeals further held that "I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”
Whitehead v. Van Leuven, 347 F. Supp. 505 (D. Idaho 1972). “, § 8-506.]” On its face this section would seem to intend to cover established property rights and liquidated claims of the judgment debtor.”
Jaquith v. Stanger, 310 P.2d 805 (Idaho 1957). “Appellant’s principal contention upon this appeal is that, in failing to take actual possession and custody of the truck and its cargo of peaches, the deputy sheriff did not comply with the statute, § 8-506, subsection 3, I.C.; that there was therefore no attachment actually…”
Stubborn Mule LLC v. Grey Ghost Precision LLC (D. Idaho 2024). · cites it 7× “” Idaho Code § 8-506 (emphasis added). A writ of attachment, however, may not be executed if the requirements of Idaho Code section 8-506C are satisfied.”
— Idaho Code § 8-506(1) — 1 case
Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984). “We also hold that I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”
— Idaho Code § 8-506(2) — 1 case
Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984). “We also hold that I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.