11-301. EXECUTION OF WRIT. The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the sheriff, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs.
The provisions of sections 11-703, 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to a levy upon personal property.
History:
[(11-301) C.C.P. 1881, sec. 441; R.S., R.C., & C.L., sec. 4481; C.S., sec. 6921; I.C.A., sec. 8-301; am. 1991, ch. 165, sec. 12, p. 405; am. 2017, ch. 303, sec. 7, p. 802.]
Structure Idaho Code
Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS
Chapter 3 - LEVY AND SALE UNDER EXECUTION
Section 11-301 - EXECUTION OF WRIT.
Section 11-302 - SALE OF PROPERTY — NOTICE.
Section 11-303 - SALE WITHOUT NOTICE — PENALTY.
Section 11-304 - CONDUCT OF SALE.
Section 11-305 - REFUSAL TO PAY PURCHASE-MONEY — RESALE.
Section 11-306 - REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS.
Section 11-307 - LIMITATION OF OFFICER’S LIABILITY.
Section 11-308 - DELIVERY OF PROPERTY TO PURCHASER — CERTIFICATE OF SALE.
Section 11-309 - CERTIFICATE OF SALE — TITLE CONVEYED.
Section 11-310 - TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE.
Section 11-311 - EXECUTION OF DEED BY SUCCESSOR IN OFFICE.