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Form Specifications

Fact Name Fact Description
Governing Law The Idaho Small Claims Act governs the use of the SC 9 1 form.
Purpose This form is used to apply for a writ of execution following a judgment in small claims court.
Eligibility The applicant must be over 18 years old or represent a business organization as an owner or employee.
Judgment Information The form requires details about the judgment, including the date it was entered and the total amount.
Payment Details Applicants must disclose any payments made by the defendant towards the judgment.
Interest and Costs Post-judgment interest and costs incurred must be included in the application.
Notary Requirement The form must be signed and sworn before a Deputy Court Clerk or Notary Public in Idaho.

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Common mistakes

Filling out the Idaho SC 9 1 form can seem straightforward, but many people make mistakes that can delay their case. One common error is leaving blank spaces. Each section must be filled out completely. If a section doesn’t apply, it’s better to write “N/A” than to leave it empty. This shows that you’ve considered each part of the form.

Another mistake is incorrect dates. When entering the date a judgment was entered, ensure it matches the court records. An incorrect date can lead to confusion and may even result in the rejection of your application. Always double-check your entries for accuracy.

Many applicants forget to include the total amount of the judgment. This number is crucial. If you leave it out, the court may not process your request. Make sure to calculate this amount carefully and write it clearly on the form.

People often overlook the importance of post-judgment interest. This amount should reflect what has accrued since the judgment was issued. Not including this can affect the total you are claiming. It’s vital to understand how interest is calculated to ensure you receive the correct amount.

Costs and fees can also be a source of confusion. Applicants sometimes include fees that aren’t approved by the court. Only include amounts that you have receipts for, and remember to attach those receipts to your application. If you’re unsure about what can be included, it’s wise to check with the court beforehand.

Signature errors are another frequent issue. The form must be signed by the plaintiff or an authorized representative. If the signature is missing or not properly notarized, the application will not be valid. Always ensure that the signature is clear and that the notary’s information is complete.

It’s important to remember the need for a hearing in certain situations. If you are including costs that require court approval, you must file a written motion and schedule a hearing. Many people skip this step, thinking it’s unnecessary, which can lead to delays.

Lastly, applicants sometimes fail to provide proper identification or contact information. This information is essential for the court to reach you if there are questions about your application. Ensure that your contact details are current and accurate.

Your Questions, Answered

  1. What is the Idaho SC 9 1 form used for?

    The Idaho SC 9 1 form is an application and affidavit for a writ of execution in small claims cases. It is used when a plaintiff seeks to enforce a judgment that has been awarded by the court. This form allows the plaintiff to request that the court issue a writ, which authorizes the sheriff to take necessary actions to collect the judgment amount from the defendant.

  2. Who can file the Idaho SC 9 1 form?

    Only the plaintiff or an authorized representative can file the Idaho SC 9 1 form. The plaintiff must be over the age of 18 and either an individual or an employee of a business organization that is the plaintiff in the case. It is important that the person filing has personal knowledge of the facts related to the case.

  3. What information is required on the form?

    The form requires several key pieces of information. This includes the case number, the names of the plaintiff and defendant, the date the judgment was entered, the total judgment amount, the amount already paid by the defendant, accrued post-judgment interest, and any post-judgment costs and fees. It is essential to provide accurate figures to ensure the writ can be executed correctly.

  4. What if there are additional costs or fees?

    If there are additional costs or fees that the plaintiff wants to include, these must be approved by the court. To obtain this approval, the plaintiff must file a written motion and schedule a hearing. Notice of the motion and hearing must also be given to the defendant. This process ensures that all parties are aware of the additional claims being made.

  5. What happens after the form is submitted?

    Once the Idaho SC 9 1 form is submitted, the court will review the application. If everything is in order, the court will issue the writ of execution. The sheriff will then be authorized to take action to collect the judgment from the defendant. It is important for the plaintiff to follow up with the sheriff's office to ensure that the writ is executed appropriately.

Dos and Don'ts

When filling out the Idaho SC 9 1 form, it's important to be careful and thorough. Here’s a list of things to do and avoid to ensure your application is completed correctly.

  • Do read the entire form carefully before starting.
  • Do fill in all required fields accurately.
  • Do sign the form where indicated.
  • Do provide clear and legible information.
  • Do attach any necessary receipts for fees incurred.
  • Don't leave any fields blank unless specified.
  • Don't use incorrect or outdated information.
  • Don't forget to include the case number.
  • Don't submit the form without a proper signature.
  • Don't ignore the requirement for court approval on additional costs.

Documents used along the form

The Idaho SC 9 1 form is used in small claims court for applying for a writ of execution after a judgment has been entered. Several other documents are often utilized alongside this form to ensure a smooth legal process. Below is a list of these documents with brief descriptions.

  • Judgment Entry: This document outlines the court's decision regarding the case. It specifies the amount owed by the defendant and any other terms of the judgment. This serves as the basis for the writ of execution.
  • Motor Vehicle Bill of Sale: This document is essential for anyone involved in the sale or purchase of a vehicle, ensuring legal compliance and protecting both parties. For a comprehensive guide on its use, visit legalpdf.org.
  • Affidavit of Service: This document verifies that the defendant was properly served with the court papers. It is essential to demonstrate that the defendant was informed of the proceedings and the judgment.
  • Motion for Costs and Fees: If the plaintiff seeks to recover additional costs or fees incurred during the collection process, this motion must be filed with the court. It requires a hearing and notice to the defendant.
  • Writ of Execution: This is the actual order issued by the court that allows law enforcement to seize the defendant's property to satisfy the judgment. It must be filled out and submitted following the approval of the SC 9 1 form.
  • Notice of Hearing: This document informs the defendant of any upcoming hearings related to the case. It is necessary for ensuring that the defendant has the opportunity to respond or contest any motions filed.

These documents play crucial roles in the enforcement of judgments in small claims court. Properly preparing and submitting them can significantly impact the outcome of the collection process.

Detailed Instructions for Filling Out Idaho Sc 9 1

Completing the Idaho SC 9 1 form is an essential step in the process of pursuing a writ of execution. This form allows the plaintiff to provide necessary details regarding the case and the judgment awarded. Following these steps will ensure that the form is filled out accurately and completely.

  1. Begin by identifying the judicial district. Fill in the blank with the appropriate district name where your case is being heard.
  2. Next, enter the name of the county where the case is filed in the designated space.
  3. In the section for the plaintiff(s), write the name(s) of the individual(s) or business organization bringing the claim.
  4. Fill in the case number assigned to your case in the space provided.
  5. Move to the section for the defendant(s) and enter the name(s) of the individual(s) or business organization against whom the judgment was made.
  6. In the area labeled “STATE OF IDAHO,” confirm the county where the affidavit is being sworn in.
  7. Provide your name in the blank space where it asks for the person swearing the affidavit.
  8. Indicate your age by confirming that you are over 18 years old and specify your relationship to the plaintiff if applicable.
  9. Record the date when the judgment was entered against the defendant(s). This should be in the format of month, day, and year.
  10. Input the total amount of the judgment awarded in the designated space.
  11. Next, note the total amount that the defendant(s) have paid so far.
  12. Calculate and enter the amount of post-judgment interest that has accrued since the judgment was made.
  13. Lastly, list any post-judgment costs and fees incurred, including the clerk’s fee for the writ. Remember to attach copies of receipts for any prior attempts to execute the judgment, if applicable.
  14. Sign the form where indicated as the plaintiff.
  15. Finally, have the form notarized by a Deputy Court Clerk or Notary Public, and ensure to note when their commission expires.

Document Example

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

Misconceptions

Understanding the Idaho SC 9 1 form is crucial for anyone involved in small claims court. However, several misconceptions can lead to confusion. Here are five common misunderstandings about this form:

  • 1. The form can be filled out by anyone. Many believe that anyone can submit this form, but it must be completed by the plaintiff or an authorized representative of the plaintiff's business organization.
  • 2. The form is only for monetary judgments. Some think the SC 9 1 form is applicable only for cases involving money. In reality, it can also be used to enforce other types of judgments, depending on the court's ruling.
  • 3. All fees can be included without documentation. It is a common misconception that all costs associated with the judgment can be added to the application. However, only those fees that have been approved by the court or accompanied by receipts can be included.
  • 4. Post-judgment interest is automatically calculated. Many assume that post-judgment interest will be calculated for them. In fact, the plaintiff must accurately calculate and report the accrued interest on the form.
  • 5. The form guarantees immediate action. Some individuals believe that submitting the SC 9 1 form will lead to immediate enforcement of the judgment. While it initiates the process, further steps and court approvals are often necessary for execution.

Being aware of these misconceptions can help ensure that the application process goes smoothly and that all necessary steps are followed correctly.