45-605. DEBTOR OR CREDITOR MAY DISPUTE CLAIM. The debtor or creditor intending to dispute a claim presented under the provisions of section 45-604, Idaho Code, shall, within ten (10) days after receiving notice of such claim, serve upon the claimant and the officer executing the writ, a statement in writing, verified by the oath of the debtor, or his agent or attorney, or the oath of the person disputing such claim, or his agent or attorney, setting forth that no part of said claim, or not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty (60) days preceding the levy of the writ. If the claimant brings suit on a claim which is disputed in part only, and fails to recover a sum exceeding that which was admitted to be due, the claimant shall not recover costs, but costs shall be adjudged against the claimant.
History:
[(45-605) 1893, p. 49, ch. 4, sec. 4; reen. 1899, p. 147, ch. 4, sec. 4; reen. R.C. & C.L., sec. 5148; C.S., sec. 7379; I.C.A., sec. 44-604; redesignated 45-605, 1989, ch. 280, sec. 5, p. 679; am. 1999, ch. 51, sec. 6, p. 118.]