Idaho State Statutes - Idaho Attorney Directory

At any time the
defendant may retain or require the return of all or any portion of the
property upon filing with the court a written undertaking executed by two (2)
or more sufficient sureties, to the effect that they are bound in an amount
sufficient to satisfy the plaintiff's claims, besides costs, or in an amount
equal to the value of the specific property sought to be retained or returned
which has been or is about to be attached. At the time of filing such
undertaking, the defendant shall serve upon the plaintiff or his attorney a
notice of filing such undertaking, to which a copy of such undertaking shall
be attached; and shall cause proof of service thereof to be filed with the
court.
If such undertaking is in an amount sufficient to satisfy the plaintiff's
claims, besides costs, proceedings thereunder shall terminate, unless
exception is taken to such sureties. If, at the time of filing of such
undertaking in an amount sufficient to satisfy the plaintiff's claims, plus
costs, the property shall be in the custody of the sheriff, such property,
together with all proceeds of the sales thereof, shall be returned to the
defendant five (5) days after service of the notice of filing such undertaking
upon plaintiff or his attorney, unless exception is taken to such sureties.
If such undertaking is filed in an amount equal to the value of the
specific property sought to be retained or returned and the court has
previously determined the proper sum to be specified in such undertaking as
provided in subsection (e), section 8-502, Idaho Code, the sheriff shall not
execute the writ as to the specific property covered by such undertaking. If
the property shall be in the custody of the sheriff, the property shall be
returned to defendant five (5) days after service of the notice of filing such
undertaking upon plaintiff or his attorney unless exception is taken to such
sureties. If such undertaking filed in an amount equal to the value of the
property sought to be returned and the court has not previously determined the
proper amount to be specified in the undertaking pursuant to subsection (e),
section 8-502, Idaho Code, the plaintiff may within four (4) days after
service of the notice of filing give written notice to the court, the
defendant, and the sheriff, if such property shall then be in the custody of
the sheriff, that he objects to the amount of the undertaking. If he fails to
do so, he is deemed to have waived all objections thereto and the sheriff
shall not execute the writ as to the specific property covered by such
undertaking, or if such property shall then be in the custody of the sheriff,
it shall be returned to the defendant five (5) days after service of the
notice of filing such undertaking upon plaintiff or his attorney. If the
plaintiff objects to the amount of such undertaking, the court shall set the
matter for hearing and upon examination of the evidence and testimony
submitted and such other evidence or testimony as the judge may thereupon
require, the court shall determine the proper amount to be specified in such
undertaking. If the amount of the undertaking filed be found sufficient, or if
the defendant file a new undertaking in such amount as fixed by the court, the
property shall be returned to the defendant, unless exception is taken to such
sureties on any new undertaking filed by defendant.

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