2005 Idaho Code - 8-503 — UNDERTAKING -- NOTICE OF ATTACHMENT -- INTERVENING CREDITORS

                                   TITLE  8
                    PROVISIONAL REMEDIES IN CIVIL ACTIONS
                                  CHAPTER 5
                         ATTACHMENTS AND GARNISHMENTS
    8-503.  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.