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See Idaho Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A money judgment entered in the State of Idaho is generally enforceable for a period of five (5) years (I.C. 11-101) and may be renewed for the same term upon the filing of a motion with the court prior to the expiration date if it has not been satisfied (I.C. 10-1111).
A money judgment may become a lien against the judgment debtor's non-exempt real property if the judgment creditor record a certified transcript or abstract of the judgment with the recorder of any county of the State pf Idaho in which the debtor's real property is located. (I.C. 10-1110.) Such lien is enforceable for a period of five (5) years but may be extended if the judgment creditor renews its judgment and record the same with the recorder's office prior to the judgment expiration date. (I.C. 10-1111.) All goods, chattels, moneys and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property, seized and held under attachment in the action, are liable to execution. (I.C. 11-201.)
Wage garnishment is permissible for the purpose of satisfying a money judgment. However, the maximum amount garnished may not exceed (a) twenty-five per cent (25%) of the debtor's aggregate disposable earnings for a workweek, or (b) the amount by which the debtor's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever is less. (I.C. 11-207.)
In a consumer credit transaction regulated by the State of Idaho, a creditor may not accept or require an assignment of the earnings of the debtor for payment or as security for payment. Any assignment for this purpose is in violation of Section 28-43-304 of the Idaho Code and is unenforceable. A creditor does not, however, violate this provision if the debtor authorizes in writing deductions from his earnings, and the writing evidencing the authorization contains on its face a conspicuous notice of the debtor's right to revoke it, and that the authorization is revocable.
Foreign Judgment:
Under the Uniform Enforcement Of Foreign Judgments Act of the State of Idaho, , a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. (I.C. 10-1301, et seq.) A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, a certified copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor, and pay a required fee $7.00 to the Clerk for docketing the foreign judgment. (I.C. 10-1305.) The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (I.C. 10-1303.)
A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner. (I.C. 10-1302.) The time period during which a foreign judgment may be enforced is five (5) years after such judgment is obtained. (I.C. 10-1303(c).)
Interest:
Legal rate: 12% per annum. (I.C. 28-22-104.)
Contract rate: Such rate as maybe agreed to between the parties. (I.C. 28-42-201.)
Judgment rate: Five percent (5%) plus the base rate in effect at the time of entry of the judgment. The base rate is determined on July 1 of each year by the Idaho state treasurer and is the weekly average yield on United States treasury securities as adjusted to a constant maturity of one (1) year and rounded up to the nearest one-eighth percent (1/8%). The base rate is determined by the Idaho state treasurer utilizing the published interest rates during the second week in June of the year in which such interest is being calculated. The legal rate of interest as announced by the treasurer on July 1 of each year operates as the rate applying for the succeeding twelve (12) months to all judgments declared during such succeeding twelve (12) month period. (I.C. 28-42-201.)
Exemptions:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
A homestead may consist of the dwelling house or the mobile home, with the appurtenant buildings and surrounding land, in which the owner resides or intend to reside. It may also include unimproved land owned by an individual with an intent to place a house or mobile home thereon which is intended to be used as the individual's residence. The amount of homestead which may be exempt from attachment and from execution or forced sale for the debts of the owner may not exceed the lesser of (i) the total net value of the lands, mobile home, and improvements as described in section 55-1001, Idaho Code; or (ii) the sum of$50,000.00. (I.C. 55-5003, 55-1008.) Property that is occupied by the owner as his principal residence is generally automatically exempt from all legal process to the extent allowed by law. (I.C. 55-1004(1).) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. (I.C. 55-1004(2).)
Personal property may be exempt from execution or forced sale under any legal process either with limitations or without limitations. Some of the personal property which may be exempt without limitation include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or to sustain health, social security benefits, veteran's benefits, federal, state or local public assistance, benefits payable for medical, surgical or hospital care, and state unemployment compensation. (I.C. 11-603.)
Those property which are exempt only as to limited value may be divided into two groups: one that is to the extent that it is reasonably necessary for the support of the debtor and his dependents, and one that is subject to value limitation. Disability or illness benefits, alimony, support or separate maintenance, insurance, settlement or judgment proceeds accrued as a result of bodily injury or wrongful death of an individual of whom the debtor was or is a dependent, insurance proceeds if the debtor is the spouse or dependent of the insured, are exempt to the extent reasonably necessary for the support of the debtor and his dependent. These exemptions may be lost if the debtor commingles the funds with other funds. (I.C. 11-604.) In addition, retirement income to which citizens of Idaho are, or may be, entitled are protected from execution or garnishment. (I.C. 11-604A.)
Property that are subject to limited value may include furnishings and applicants, one firearm, wearing apparel, household pets, books, and musical instruments, family portraits and heirlooms, which are limited to a value not exceeding $500.00 on any one item, or not to exceed an aggregate value of $4,000.00; jewelry not to exceed an aggregate value of $250.00; professional books and tools of the trade not to exceed an aggregate value of $1,000.00; and one automobile not to exceed $1,500 in value. (I.C. 11-605.)
If certain exempt property are destroyed or damaged and the debtor has been indemnified for it, the debtor is entitled to exemption of the proceeds, to the extent of the value allowed under the I.C. 11-605, provided that they are traceable for three (3) months after the proceeds are received. (I.C. 11-606.)
In a bankruptcy proceeding, a debtor, who is a resident of Idaho, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even though the federal exemptions may be beneficial in his situation. An individual debtor may exempt from property of the estate only such property as is specified under the laws of the State of Idaho. (I.C. 11-609.)
Statutes of Limitation:
Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. (I.C. 5-222.)
When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows:
Written contract 5 years I.C. 5-216.
Oral contract 4 years I.C. 5-217
Sale of goods 4 years I.C. 28-2-725
Recovery of personal property 3 years
I.C. 5-218(3)
Fraud or mistake 3 years I.C. 5-218(4)
Actions not specifically provided by statute 4 years
I.C. 5-224