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2017 Idaho Statutes
Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS
Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY
Section 8-305 - SEIZURE BY SHERIFF — SERVICE OF WRIT.
Universal Citation: ID Code § 8-305 (2017)
8-305. Seizure by sheriff — Service of writ. The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper.
If the property or any part thereof is in a building or inclosure, the sheriff shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If it is not voluntarily delivered, he shall cause the building or inclosure to be broken open in such manner as he reasonably believes will cause the least damage to the building or inclosure, and take the property into his possession. He may call upon the power of the county to aid and protect him.
The sheriff shall, without delay, serve upon the defendant a copy of the writ of possession and written undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion; or, if neither have any known place of abode, by mailing them to their last known address.
History:
[I.C., sec. 8-305, as added by 1973, ch. 118, sec. 2, p. 219.]
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