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By Stephen J. Muhonen, Creditor’s Rights Attorney, Racine Olson, PLLP

It has been said that a hole was never dug by leaning on a shovel.  Rare is the occasion where desired outcomes and favorable results arise without putting your back into a project and earnestly working towards a focused goal.  So it goes with attempting to collect on a judgment.  If a judgment debtor does not immediately pay their court ordered money to a judgment creditor, rarer and rarer is the occasion where the judgment debtor voluntarily agrees to pay what is due.  Sitting on your hands hoping the debtor will do the right thing and “pay up” often only yields frustration and angst, with the judgment debtor not only NOT paying you, but now also living rent free in your head.  Recently, I had some clients who had enough of sitting it out and hoping their judgment would be fortuitously paid.  They called me up and we had a discussion about their situations.  After an enjoyable chat, we then entered into a fee agreement and together we rolled up our sleeves and went to work.  We expended time, effort and energy, and as a result, we recovered $150,000.00 on one judgment, $130,000.00 on a second, and $100,000.00 on a third one.  Congratulations to these clients!

The $150,000.00 recovery was on a judgment issued in Colorado in 2023 against an individual and an LLC.  The judgment creditor was able to track the judgment debtor to Idaho.  With the judgment debtor located, I was retained to domesticate the Colorado judgment here in Idaho and commence collection efforts thereon.  After about five to six months of servings writs of execution, obtaining a charging order, completing a debtor’s exam, subpoenaing documents, and pursuing and obtaining contempt order(s), the judgment debtor did indeed finally pay the judgment.  The client was willing to and did invest in the process, knowing there were no guarantees as to the outcome.  In the end, the work paid off!

By Stephen J. Muhonen, Creditor’s Rights Attorney, Racine Olson, PLLP

As a judgment creditor (holder of judgment entered in your favor), perhaps you have experienced the thrill of obtaining the judgment, and the agony of attempting to collect thereon. The judgment debtor (person or entity for which judgment was entered against) refuses to voluntarily pay up and collection efforts seem to have hit a dead end. The judgment has been recorded in the county where the judgment debtor resides, but unfortunately there is no real property to be located that is in the judgment debtor’s name. Garnishment of bank accounts and wages have not been fruitful, and all the judgment debtor’s personal property is either encumbered by a senior lien holder or not worth the expense that would have to be fronted to have the Sheriff seize and sell at auction. I have found that even though I may have exhausted these referenced options and come up with nothing, there is yet another arrow in the “collections quiver” called a “charging order” that can be very helpful.

If the judgment entered is against an individual who is a member of a limited liability company (LLC), Idaho Code §30-25-503 provides judgment creditors another option in their attempts to satisfy their judgment. In sum, this statute provides a mechanism for a judgment creditor to be able to go to the court, seeking the court’s entry of a Charging Order, that essentially tells an LLC to not pay the judgment debtor LLC member their distribution, but rather, to pay it to the judgment creditor. The statute reads in part,

Hayden Idaho- Idaho State Police are continuing to investigate a crash that took place on March 3rd, 2025. The incident involved two vehicles, a red Honda SUV, and a silver Subaru Legacy.

Preceding the accident, several individuals had reported to emergency personnel that a red Honda was traveling southbound on US 95 at over 100 miles per hour, and that the vehicle had its emergency hazard lights on. As the unknown driver of the Honda came to the intersection of Hayden Ave at milepost 449, they failed to yield to the eastbound traffic, who had the green light. An ISP trooper, who was stopped at the red light heading northbound, witnessed the Honda fly through the intersection, where it T-boned another vehicle. The second vehicle, the Subaru, was traveling through the intersection eastbound.

The Subaru slid and came to rest in the southbound lanes. The Honda was sent over the median and into the northbound lanes, nearly striking the ISP officer, before it rolled and came to rest on a bike path. The ISP officer called back up and both individuals administered medical aid.

On Sunday March 2nd, a single vehicle, driven by a 27-year-old female struck a pedestrian on State Highway 19. At the time of the accident, she was traveling east on SH 19, when she failed to yield to the pedestrian, who was crossing the eastbound lanes.

The accident took place near the intersection of Dixie River Road, just west of Caldwell, Idaho. Reports include that it was roughly 5:54 a.m. when this occurred.

Following this accident, the pedestrian, a 47-year-old woman from Homedale, succumbed to her injuries. The 27-year-old driver of the 2012 Ford Focus was transported to a local hospital to have her injuries assessed.

Three vehicles, a grey 2007 GMC Sierra, a 2014 gold Nissan Altima, and a dark blue 2004 GMC New Sierra truck, collided on US 95 on February 28th, 2024. The crash took place at Milepost 295, just outside of Lapwai, Idaho, at 6:14 p.m.

The first vehicle, the 2007 GMC driven by an 18-year-old male from Weippe, was traveling southbound. At the time of the accident, the headlights of this vehicle were not on, making it nearly invisible. The second vehicle, the Nissan driven by a 50-year-old male from Caldwell, was traveling northbound behind the third vehicle, when he attempted to pass. He entered the southbound lane to pass the 2004 GMC, driven by a 63-year-old man from Redmond, Oregan, and did not see the oncoming 2007 GMC.

The vehicles collided head-on, and the grey GMC rolled to its side, coming to rest in the lanes of travel. Both other vehicles were also damaged and remained on the road.

On February 22nd, two vehicles crashed at 4:47 p.m. on US 95. They were just outside of Marsing, Idaho, at milepost 17.

The first vehicle, a 2014 Chevy Curz driven by a 33-year-old man from Marsing, was traveling northbound. As he traveled, he began to veer over the center line and into oncoming traffic. He collided head on with the second vehicle, a 2018 Kenworth semi with one trailer, driven by a 36-year-old man from Tijuana, Mexico.

The driver of the Chevy was badly injured and was transported via life flight to a large hospital. The driver of the semi was also injured, and was taken to a local hospital to receive treatment.

On February 21st, 2025, a 2005 Jeep Grand Cheroke and a 2022 Blue Bird School bus collided on US 30. The vehicles were at the intersection of US 30 and 250 East, at milepost 213.

At the time of the accident, the driver of the Cheroke, a 36-year-old woman from Filer, Idaho, was travelling eastbound on highway 30. As she passed the intersection, her vehicle was struck by the oncoming school bus, driven by a 55-year-old man from Twin Falls, who had failed to stop at the stop sign.

The female driver of the Jeep was injured in the accident and taken to a local hospital by ground ambulance for treatment. Both drivers were wearing seatbelts. Reports do not disclose whether there were children on the bus at the time of the accident.

Idaho State Police are continuing to investigate a crash involving two vehicles that took place on February 18th, on US Highway 20-26, at the intersection of Franklin Road. The accident happened at approximately 9:53 p.m. in Canyon County.

At the time of the accident, the first vehicle, a Kia Sportage driven by a 37-year-old man from Meridian, was travelling northbound on Franklin Rd. He failed to stop at a stop sign, and collided with the oncoming traffic, which included the second vehicle, a Ford F150. This vehicle was driven by a 21-year-old woman from Templeton, California, and was traveling westbound on US 20-26.

The driver of the Kia sustained major injuries from the impact and passed at the scene. Reports indicate that he was not wearing a seatbelt at the time of the accident. The driver of the Ford was taken to a local hospital via ground ambulance following the accident, and she was wearing a seatbelt.

On Thursday, February 20th, two vehicles collided at milepost 31 on US95. The crash occurred at 6:59 a.m., and involved a 2013 Kenworth Semi with an enclosed trailer, and a 2001 Ford Explorer.

The semi, driven by a 23-year-old man from Mexico, was headed northbound. As he traveled down US95, he veered and crossed the center line, where he collided with the oncoming southbound traffic. The southbound traffic included the Ford Explorer, driven by a 65-year-old man from Parma, Idaho.

The semi struck the Ford head on, and the driver of the Ford passed immediately from the impact. The driver of the semi only sustained minor injuries, and both individuals wore seatbelts at the time of the accident.

Minor injuries and one fatality occurred as a result of the crash that occurred on February 10th, in Ada County. The crash took place on westbound I84 at 2:29 a.m., and involved three vehicles.

The first vehicle, a Kia Rio driven by a 23-year-old man from Meridian, was traveling westbound on I84. As it traveled, it came upon a Subaru Impreza. The Kia rear ended the Subaru, and both vehicles came to rest on the roadway. The Subaru was driven by a 32-year-old man from Caldwell, and was also traveling westbound. Following the collision, the driver of the Kia exited his vehicle which was in the lanes of travel, when he was struck by another oncoming vehicle, a Mitsubishi Mirage driven by a 25-year-old woman from Caldwell. She was also traveling westbound at the time.

The 23-yeaar-old driver of the Kia passed immediately from the impact. The other two drivers only sustained minor injuries and neither of them were transported to a hospital.

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