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Terms Used In Idaho Code 8-529

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes both real and personal property. See Idaho Code 73-114
If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.