Notice to Vacate/Quit
A written Notice to Vacate must first be served on the tenant prior to proceeding to a summons/complaint for unlawful detainer. This notice can be served by the Sheriff's Office, but can also be served by an adult not a party to the action. If the tenant refuses to vacate after proper service of the notice, the landlord must proceed to the next step in the eviction process, which is to file a complaint in court for unlawful detainer.
Writ of Restitution
This court order gives the Sheriff's Office the power to remove defendants/tenants from the property. If the defendants refuse to remove themselves and their property, then the Sheriff is authorized to remove and seize that property. The Sheriff is allowed under Idaho law to sell that property to pay for any costs incurred by the Sheriff's Office. Plaintiffs must pay in advance all costs of enforcement. The Sheriff's Office performs the following actions when it receives a Writ of Restitution:
The Civil Section prepares the document advising the defendants/tenants that they are allowed 24/48 hours to vacate the property on their own, unless an emergency exists. The order is either served to the defendants or posted on the door of the property.
On the day of eviction, a deputy will enter and inspect the property to determine if the defendants/tenants have vacated. If the tenants have vacated, the deputy will contact the plaintiffs, and the property will be turned over at that time. If the tenants have not vacated, the deputy will contact the plaintiffs about moving the property and assess a fee based on the prior moved that have been performed by the Sheriff's Office. The deputy may adjust the advanced fee required, but it generally approximates $1200 and is used to guarantee that the contracted moving company is paid for its services. If the property is sold at a Sheriff's sale, and the amount received covers those costs, then the advanced fee will be returned to the plaintiffs. No moving company will be contracted until the Sheriff's Office receives the proper fee in advance. Plaintiffs are not permitted to move the belongings.
Collection Process on Writs of Execution
A Writ of Execution is a court order that commands the Sheriff to levy on the property of a debtor for the satisfaction of a debt. In addition to the Writ of Execution, you must give the Sheriff's Office a letter of instruction describing the property to be seized. If you do not know what property the debtor possesses, the Sheriff can serve the document and make a demand for the payment of that debt.
Idaho law does not require the Sheriff to ask questions concerning the debtor's property. The Sheriff will, however, ask the debtor a series of questions concerning his property, which is called a Notice of Inquiry. You will be notified if the debtor refuses to answer. You must then schedule a Debtor's Examination Hearing with the courts and have the debtor served with the notice of the hearing. Please seek the advice of an attorney if you have any questions.
All property levied on by the Sheriff is required to be held for fourteen days before it can be sold. During the exemption period, the debtor or a third party can claim that the levied property was either exempt from execution under Idaho law (Idaho Code 11-603), or the third party may file an ownership claim.
The Sheriff's Office will notify you if a claim of exemption is made, and you will have five business days to set a court hearing to contest the claim. If you do not want to contest the claim, you must advise the Sheriff, and the property will be returned to the defendant. If no claims are made during the exemption period, a Sheriff's sale will be conducted and the money from the sale will pay all contract and Sheriff's fees. Any additional funds will be applied towards the satisfaction of the judgment.
The Sheriff's Office posts delinquent notices on all past due property taxes and small business taxes. If they are not paid within 10 days of posting, the Sheriff's Office will conduct public sales on the property and collect said fees.