Idaho Code
Idaho Code

Idaho Code § 8-534 (2026)

Vacation of irregular attachment. 

✓ current as of May 2026
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Vacation of irregular attachment. 

The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply on motion upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1957–2024 · leading case: McCluskey v. Galland, 511 P.2d 289 (Idaho 1973).
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McCluskey v. Galland, 511 P.2d 289 (Idaho 1973). · cites it 2× “§ 8-534 provides for the vacation or discharge of an irregular attachment upon motion by the defendant either before or after the release of the attached property or before the attachment shall have been actually levied. 4 . In 1966 an additional sentence was added to Rule 17…”
Nalder v. Crest Corp., 472 P.2d 310 (Idaho 1970). · cites it 2× “Since the probate court had jurisdiction over the controversy at the time the writs of attachment were issued and no claim is made that the procedure was irregular or defective for the issuance of the writs themselves, it is our opinion that there is no- merit to appellants’…”
Jaquith v. Stanger, 310 P.2d 805 (Idaho 1957). “, nor a case in which the plaintiff was entitled to appear in the probate court and move for dissolution pursuant to § 8-534, I.C. The rights and remedies given by those statutes are available only to the defendant in the case in which the attachment is issued.”
Stubborn Mule LLC v. Grey Ghost Precision LLC, No. 2:22-cv-00399 (D. Idaho Jan. 29, 2024). · cites it 4× “The Court thus addresses Idaho Code section 8-502(a) only in conjunction with Idaho Code section 8-534, which can provide a defendant relief if the defendant shows an improper writ of attachment was issued.”
Powell v. Crypto Traders Mgmt., LLC, No. 2:20-cv-00352 (D. Idaho July 13, 2021). · cites it 2× “]” I.C. §§ 8-534 & 8-536. This is the only ground for dissolving a writ of attachment.”
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