In the landscape of Idaho's legal system, the Small Claims Department plays a vital role, especially for individuals and businesses seeking speedy resolutions to disputes involving limited financial sums. At the heart of post-judgment proceedings within this department lies the Application and Affidavit for Writ of Execution, encapsulated in the form SC9-1. This form is a crucial tool for individuals who have already secured a judgment in a small claims court and are looking to enforce it. Specifically, it outlines the necessary steps and provides a structured method for a plaintiff to officially request the seizure or garnishment of assets belonging to the defendant. With its detailed requirements, the form ensures that the applicant, who must be over the age of 18 and either the plaintiff or representing a business organization involved in the case, declares under oath their personal knowledge of the case's facts. It accounts for the judgment amount, any payments made by the defendant, accrued post-judgment interest, and other incurred costs or fees, emphasizing the importance of accuracy and the legal implications of such affidavits. The necessity for accompanying documentation, such as clerk and sheriff fees receipts, underscores the form's role in transparently bridging the gap between judgment and enforcement within Idaho's judicial framework.
| Question | Answer |
|---|---|
| Form Name | Idaho Form Sc 9 1 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | depose, incurred, accrued, Notary |
IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO,
IN AND FOR THE COUNTY OF ____________________
SMALL CLAIMS DEPARTMENT
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CASE NO. ____________________ |
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PLAINTIFF(S), |
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APPLICATION AND AFFIDAVIT FOR |
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WRIT OF EXECUTION |
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DEFENDANT(s), |
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STATE OF IDAHO |
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County of ________________ )
I, _________________________, being first duly sworn, and upon personal knowledge of the
facts and circumstances recited herein, depose and state:
1.I am over the age of 18 years, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff.
2.A judgment was entered against the defendant(s) in this case on ________________, _____.
3.The total amount of the judgment was $ ____________.
4.The defendant has/defendants have paid a total of $ ____________.
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(Enter the clerk’s fee for the writ. If you have paid fees to the Sheriff’s office for prior attempts to execute on this judgment, you can include those amounts also, but only if you attach copies of the receipts to this application. Other costs and fees must be approved by the court. To obtain court approval, the applicant must file a written motion with the court, schedule a hearing before the court, and give notice of the motion and hearing to the defendant.)
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Plaintiff’s signature Subscribed and sworn to before me this date: ____________________.
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Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires:
Application and Affidavit for Writ of Execution
Small Claim Form
Effective 01/04