US Laws, Codes, Statutes & Cases

                                   TITLE  8
                    PROVISIONAL REMEDIES IN CIVIL ACTIONS
                                  CHAPTER 5
                         ATTACHMENTS AND GARNISHMENTS
    8-507D.  DOCUMENTS TO BE PROVIDED BY PLAINTIFF -- DUTIES OF SHERIFF --
SERVICE AND MAILING CRITERIA -- TIME COMPUTATION. With respect to any
attachment, garnishment or execution, the plaintiff shall provide the sheriff
with sufficient copies of the writ and other documents required to be served
for service on the defendant and each additional party identified in the
plaintiff's written directions and shall provide an envelope addressed to each
person required  to be served. If the documents are to be mailed, proper
postage shall be affixed. The sheriff shall not delay service for lack of
sufficient copies or postage and shall make any additional copies and affix
any additional postage necessary. The sheriff may charge the plaintiff for the
actual costs of any additional copies and postage required, which costs shall
be in addition to the fees permitted under section 31-3203, Idaho Code.
    Personal service shall be accomplished in the same manner provided for
service of summons under the Idaho rules of civil procedure. Provided however,
that in the case of garnishments the county sheriff shall have the option of
accomplishing personal service by United States certified mail, return receipt
requested, or United States first class mail with a facsimile acknowledgment
of such service by the garnishee. Unless otherwise provided to the contrary,
the date when an item is deposited in the United States mail shall constitute
the date of mailing and the date of service shall be the date when the
garnishee signs the return receipt for the certified mail or the date the
garnishee sends its facsimile acknowledgment of service. In computing any
period of time within which an act is to be accomplished, the day of the act
after which the designated period of time begins to run is not to be included.
The last day of the period so computed is to be included, unless it falls on a
weekend or legal holiday, in which event the period runs until the close of
business of the first business day after the weekend or holiday, except that
this provision shall not extend the time within which hearing on a motion to
contest a claim of exemption or third party claim must be set as provided in
section 8-540, Idaho Code, and section 11-203, Idaho Code.
    The sheriff shall not be required to investigate or assure the accuracy
and completeness of the addresses of the parties to be served or any other
information provided by the plaintiff.