Idaho Sc 9 1 Form

The Idaho SC 9 1 form serves as an application and affidavit for a writ of execution in small claims cases. This document is crucial for plaintiffs seeking to enforce a judgment that has been entered against a defendant. By completing this form, individuals can formally request the court's assistance in collecting the amounts owed to them.

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The Idaho SC 9 1 form serves as a crucial document in the small claims process, specifically designed for plaintiffs seeking to enforce a judgment against a defendant. This application and affidavit are filed in the district court of Idaho, where the plaintiff, who must be at least 18 years old, provides essential details about the case. Key information includes the case number, the names of the parties involved, and the specific judgment amount awarded to the plaintiff. The form requires the plaintiff to disclose any payments made by the defendant, along with the accrued post-judgment interest and any additional costs incurred in the collection process. Notably, if there are any fees associated with the writ or prior attempts to collect the judgment, the plaintiff must attach receipts for those expenses. The court's approval is necessary for certain costs, which may require a separate motion and hearing. This form is vital for ensuring that plaintiffs can legally pursue the collection of debts owed to them, making it an important tool in the small claims landscape of Idaho.

Steps to Writing Idaho Sc 9 1

Filling out the Idaho SC 9 1 form is a straightforward process that requires specific information regarding your case. This form is essential for obtaining a writ of execution in small claims court. To ensure accuracy and completeness, follow the steps outlined below carefully.

Begin by identifying the district court where your case is filed. Write the name of the judicial district in the first blank line.
In the next blank, fill in the name of the county where the court is located.
Next, enter the case number assigned to your case in the designated space.
In the section labeled "PLAINTIFF(S)," write your name or the name of the business organization you represent.
Under "DEFENDANT(s)," list the name(s) of the defendant(s) involved in your case.
In the "STATE OF IDAHO" section, write the name of the county where you are filing the affidavit.
In the first statement, confirm your age and your role as the plaintiff by filling in your name.
Next, indicate the date when the judgment was entered against the defendant(s). Be sure to include the month, day, and year.
Fill in the total amount of the judgment that was awarded in your case.
Enter the total amount that the defendant(s) have paid toward the judgment.
Calculate and write the amount of post-judgment interest that has accrued since the judgment was entered.
Lastly, include any post-judgment costs and fees that have been incurred. If applicable, remember to attach copies of receipts for fees paid to the Sheriff’s office.
Sign the form where indicated as the plaintiff.
Finally, have the form notarized or signed by a Deputy Court Clerk, ensuring that the notary’s commission expiration date is also noted.

After completing the form, submit it to the appropriate court to initiate the process for obtaining a writ of execution. Make sure to keep copies for your records.

Key takeaways

When filling out and using the Idaho SC 9 1 form, there are several important points to keep in mind:

The form is used in small claims cases to request a writ of execution after a judgment has been entered.
Ensure that all information provided is accurate and complete, including the case number and details about the plaintiff and defendant.
Post-judgment interest and costs must be calculated correctly; these amounts can impact the total owed by the defendant.
If applicable, attach copies of receipts for any fees paid to the Sheriff’s office for prior attempts to execute the judgment.
Other costs and fees require court approval, which involves filing a written motion and scheduling a hearing.
Sign the application in front of a Deputy Court Clerk or Notary Public to validate the document.

Listed Questions and Answers

What is the Idaho SC 9 1 form?

The Idaho SC 9 1 form is an Application and Affidavit for Writ of Execution used in small claims court. This form is essential for a plaintiff seeking to enforce a judgment that has already been entered against a defendant. By completing this form, the plaintiff can request the court to issue a writ of execution, which allows for the collection of the judgment amount through various means, such as garnishing wages or seizing property.

Who can file the SC 9 1 form?

Only the plaintiff in a small claims case can file the SC 9 1 form. This includes individuals over the age of 18 or representatives of a business organization, such as owners or employees. It is crucial that the individual filing the form has personal knowledge of the facts surrounding the case, including details about the judgment and any payments made by the defendant.

What information is required on the form?

The SC 9 1 form requires specific information to be filled out accurately. Key details include:

The name of the court and the county where the case was filed.
The case number assigned to the small claims case.
The date the judgment was entered.
The total amount of the judgment.
The total amount paid by the defendant.
The accrued post-judgment interest.
Any post-judgment costs and fees incurred.

It is important to ensure that all amounts are accurately calculated and documented, as this will be critical for the court's approval.

What happens after I submit the SC 9 1 form?

Once the SC 9 1 form is submitted, the court will review the application. If everything is in order, the court will issue a writ of execution. This writ authorizes law enforcement to take action to collect the judgment amount from the defendant. It is essential to be prepared for potential follow-up steps, which may include coordinating with the sheriff's office to execute the writ.

Can I include additional costs on the SC 9 1 form?

Yes, you can include additional costs on the SC 9 1 form, but there are specific guidelines. You may list post-judgment costs and fees, such as the clerk's fee for the writ. If you have incurred fees from the sheriff's office for previous attempts to execute the judgment, you can include those as well, provided you attach copies of the receipts. Other costs must be approved by the court through a separate motion, which requires a hearing and notice to the defendant.

Is there a deadline for filing the SC 9 1 form?

While there is no strict deadline for filing the SC 9 1 form after a judgment is entered, it is advisable to act promptly. Delaying the filing may hinder your ability to collect the judgment, especially if the defendant's financial situation changes. Staying proactive can help ensure that you are able to recover the amount owed in a timely manner.

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Documents used along the form

When filing the Idaho SC 9 1 form, several other documents may be necessary to support your case or facilitate the execution of a judgment. Each of these documents plays a specific role in the legal process. Below is a list of commonly used forms and documents that accompany the Idaho SC 9 1 form.

Judgment Entry Form: This document outlines the specifics of the judgment awarded by the court, including the amount owed and the parties involved. It serves as the official record of the court's decision.
Bill of Sale: This document is essential for recording the transfer of ownership for goods or property. For a comprehensive guide on completing a Bill of Sale form, visit https://pdfdocshub.com/.
Notice of Judgment: A formal notification sent to the defendant, informing them of the judgment against them. This document ensures that the defendant is aware of the ruling and the amount they owe.
Writ of Execution: This legal order allows the sheriff or another authorized officer to enforce the judgment by seizing property or assets of the defendant to satisfy the debt.
Affidavit of Service: A sworn statement confirming that the relevant documents, such as the Notice of Judgment or Writ of Execution, were properly delivered to the defendant. This document is crucial for establishing that the defendant received notice.
Motion for Costs: If additional costs have been incurred in the process of collecting the judgment, this motion requests the court's approval to include those costs in the total amount owed by the defendant.
Post-Judgment Interest Calculation: A detailed breakdown of any interest that has accrued on the judgment amount since the initial ruling. This document helps clarify the total amount owed to the plaintiff.

Understanding these documents and their purposes can streamline the process of enforcing a judgment. Properly preparing and submitting these forms can significantly impact the outcome of your case.

Form Sample

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