The Idaho SC 9 1 form is an essential document used in the small claims process to request a writ of execution after a judgment has been made. This form allows the plaintiff to formally apply for enforcement of the judgment against the defendant. Understanding how to accurately complete this form is crucial for ensuring that the legal process proceeds smoothly.
The Idaho SC 9 1 form serves as a critical tool for plaintiffs seeking to enforce a judgment in small claims court. This application and affidavit for a writ of execution allows a plaintiff to request that the court take action to collect on a judgment that has already been entered against a defendant. The form requires essential information, including the case number, names of the parties involved, and the details of the judgment itself. Plaintiffs must indicate the total amount of the judgment, any payments made by the defendant, and the accrued post-judgment interest and costs. This information helps the court assess the current status of the judgment and determine the appropriate steps for enforcement. Additionally, the form emphasizes the necessity of providing receipts for any costs incurred during previous attempts to execute the judgment. Proper completion of the SC 9 1 form is vital, as it not only facilitates the collection process but also ensures compliance with Idaho's legal requirements. By submitting this form, plaintiffs can move forward with enforcing their rights in a structured manner.
IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO,
IN AND FOR THE COUNTY OF ____________________
SMALL CLAIMS DEPARTMENT
______________________________________,
)
CASE NO. ____________________
PLAINTIFF(S),
APPLICATION AND AFFIDAVIT FOR
vs.
WRIT OF EXECUTION
DEFENDANT(s),
STATE OF IDAHO
)ss:
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 $ ____________.
5.Post-judgment interest has accrued in the amount of $ ____________.
6.Post-judgment costs and fees have been incurred in the amount of $ ____________.
(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.)
_________________________
Plaintiff’s signature Subscribed and sworn to before me this date: ____________________.
______________________________
Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires:
Application and Affidavit for Writ of Execution
Small Claim Form SC9-1
Effective 01/04
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