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Application and Affidavit for Writ of Possession - Idaho 2026

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The document is an application and affidavit for a writ of possession filed in the Small Claims Department of the Idaho District Court. It outlines the plaintiff's request to recover personal property following a judgment against the defendant, detailing the circumstances, location of the property, and affirming the plaintiff's identity and knowledge of the facts.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in the case number at the top of the form. This is essential for identifying your specific case.
In the plaintiff section, enter your name or the name of the business organization you represent. Ensure that this information is accurate as it establishes your identity in the case.
Next, indicate the date when a judgment was entered against the defendant(s). This date is crucial for legal timelines.
Detail the personal property you are seeking recovery for in the designated field. Be specific to avoid any confusion regarding what you are claiming.
Provide the address where you believe the property is located. This should be as precise as possible to facilitate retrieval.
Describe any building or enclosure at that address where you think the property can be found, ensuring clarity in your description.
Finally, explain why you believe the property can be found at that location. This statement supports your claim and provides context.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is a writ of replevin in Idaho?

In Idaho, replevin is the legal process used to recover personal property that is wrongfully withheld. Its a powerful legal remedybut one that comes with specific requirements, including the need for a court-approved bond.

How to fight a writ of possession?

A tenant or their attorney can appeal and file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. When filing an appeal, it is best to provide extensive evidence, such as receipts for rent paid.

What is the primary purpose of a writ of execution?

A Writ of Execution is used to enforce a money judgment. If you win your case and the judgment debtor does not pay you the amount owed within 30 days after entry of the judgment and there is no appeal pending, you will have to place a levy on the judgement debtors wages or property to collect the money owed to you.

What is the difference between a writ of possession and a Writ of Execution?

The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.

How to get a writ of execution in Idaho?

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. You must give the Sheriffs Office a letter of instruction describing the property to be seized or the action to be taken. You must provide the service information.

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How long does it take for a writ of execution for eviction?

Your landlord must wait 2 days after the judgment is entered to file the writ. The U.S. Marshals Service can schedule your eviction as soon as 3 days after your landlord files the writ. Writs last for 75 days, and you can be evicted at any time within that period.

Can I appeal a writ of execution?

0:45 3:25 Itself not the writ. If you do file an appeal you might want to seek a stay of execution. This is aMoreItself not the writ. If you do file an appeal you might want to seek a stay of execution. This is a request to temporarily halt the enforcement of the judgment. Including the execution.