Idaho Sc 9 1 Template

The Idaho SC 9 1 form is an essential document used in small claims court to request a writ of execution following a judgment. This form allows plaintiffs to detail the judgment amount, payments received, and any accrued interest or costs. Understanding how to accurately complete this form is crucial for enforcing your legal rights; take action now by filling out the form below.

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Article Structure

Idaho Sc 9 1 Preview

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

Essential Queries on This Form

What is the Idaho SC 9 1 form used for?

The Idaho SC 9 1 form is an Application and Affidavit for Writ of Execution. It is used by a plaintiff to request the court to enforce a judgment that has already been entered against a defendant in a small claims case. This form helps initiate the process of collecting the money owed by the defendant, especially if they have not voluntarily paid the judgment amount. By completing this form, the plaintiff formally documents the details of the judgment and any payments made by the defendant.

Who can file the SC 9 1 form?

The form can be filed by the plaintiff in the case. If the plaintiff is a business organization, an owner or employee of that organization may also submit the form. It is important to note that the individual filing must be over the age of 18 and have personal knowledge of the facts and circumstances related to the case. This ensures that the information provided is accurate and credible.

What information is required on the SC 9 1 form?

When filling out the SC 9 1 form, several key pieces of information must be included:

The name of the plaintiff(s) and defendant(s).
The case number assigned by the court.
The date when the judgment was entered.
The total amount of the judgment.
The total amount that has been paid by the defendant(s).
The accrued post-judgment interest.
Any post-judgment costs and fees incurred, including the clerk’s fee for the writ.

All information must be accurate, as it will be used by the court to process the writ of execution.

What happens after the SC 9 1 form is filed?

After the SC 9 1 form is filed, the court will review the application. If approved, the court will issue a writ of execution, allowing the plaintiff to take further action to collect the judgment. This may involve the sheriff or another authorized individual seizing the defendant’s property or garnishing wages. It is essential for the plaintiff to keep track of any further actions taken and to comply with any additional court requirements throughout the collection process.

Are there any fees associated with filing the SC 9 1 form?

Yes, there are fees associated with filing the SC 9 1 form. The plaintiff must pay a clerk’s fee when submitting the application. If the plaintiff has previously paid fees to the sheriff’s office for attempts to execute the judgment, those amounts can be included in the application, provided that receipts are attached. Other costs and fees may also be incurred, but these require court approval. To obtain approval for additional costs, the plaintiff must file a written motion and schedule a hearing, ensuring that the defendant is notified.

▼ Idaho Sc 9 1 PDF Form

Misconceptions

Understanding the Idaho SC 9 1 form is essential for individuals navigating the small claims process. However, several misconceptions can lead to confusion. Here are seven common misconceptions, along with clarifications for each.

Misconception 1: The SC 9 1 form is only for individuals, not businesses.

This is incorrect. The form can be used by both individuals and business organizations. If a business is the plaintiff, an owner or employee can fill out the form on its behalf.

Misconception 2: You cannot include post-judgment costs and fees.

In fact, you can include these costs, but they must be approved by the court. If you have incurred costs related to the execution of the judgment, attaching receipts is necessary for reimbursement.

Misconception 3: The form must be completed in person at the courthouse.

While many individuals choose to fill it out at the courthouse, you can also complete the form at home. Ensure all required information is accurate before submission.

Misconception 4: You do not need to provide proof of the judgment.

Providing proof is crucial. The form requires the date the judgment was entered and the total amount. This documentation helps establish the legitimacy of your claim.

Misconception 5: Once a judgment is entered, the defendant must pay immediately.

This is a misunderstanding. The defendant may take time to pay the judgment, and if they fail to do so, the plaintiff can then apply for a writ of execution using the SC 9 1 form.

Misconception 6: The form guarantees immediate payment.

Submitting the SC 9 1 form does not guarantee that you will receive payment immediately. It initiates the process to enforce the judgment, but actual collection may take additional steps.

Misconception 7: You can fill out the form without any legal guidance.

While it is possible to complete the form independently, seeking legal advice can be beneficial. Understanding the nuances of the process can help avoid potential pitfalls.

Clarifying these misconceptions can empower individuals and businesses to navigate the small claims process more effectively. Being informed leads to better outcomes in legal matters.

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