Idaho Law Blog
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP
The practice of law has endless highs and lows. Behind every victory, or so it seems, lays another potential legal concern that can take the rug right from under your feet. Due diligence and controlled paranoia, if you will, are part of the territory in the on-going attempt to stay on top of your case. This sentiment holds true even after you have won your case and judgment has been entered in your favor. One may think, “Hey, I won, I have a judgment, all’s well, I’ll just get paid now and ride off into the sunset.” Ha ha, if it were always so easy….
Obtaining a judgment does not necessarily mean, “Here is your payment.” It is more common than one may think, for it to take years (perhaps even never) to collect on a judgment. Judgments are not good forever and the judgment creditor needs to stay on top of keeping their judgment current if it has not been satisfied. Idaho Code §10-1111 provides:
(1) Unless the judgment has been satisfied, at any time prior to the expiration of the lien created by section 10-1110, Idaho Code, or any renewal thereof, the court that entered the judgment, other than a judgment for child support, may, upon motion, renew such judgment by entry of an order renewing judgment. The order renewing judgment may be recorded in the same manner as the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
(2) Unless the judgment has been satisfied, and prior to the expiration of the lien created in section 10-1110, Idaho Code, or any renewal thereof, a court that has entered a judgment for child support may, upon motion, renew such judgment by entry of an order renewing judgment. The entry of an order renewing judgment shall not affect the manner of enforcement of the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
An action upon a judgment as set forth in I.C. §5-215 shall be brought within eleven (11) years from the date of entry of judgment.
If the judgment that is being sought to be enforced in Idaho is a foreign judgment, i.e. from a jurisdiction outside of Idaho, staying on top of its expiration is of equal importance. One may think that once a foreign judgment has been filed or domesticated in Idaho, then the judgment is good for ten (10) years from the date it was filed as a foreign judgment in Idaho. Be careful because such is not the case.
In Bennett v. Bank of Eastern Oregon, 167 Idaho 481, 472 P.3d 1125 (2020), the Idaho Supreme Court visited this issue and reaffirmed its decision in Grazer v. Jones, 154 Idaho 58, 294 P.3d 184 (2013). In its analysis, the Court pointed out that domesticating a foreign judgment in Idaho does not create a new judgment, but “Rather, domesticating a foreign judgment allows the out-of-state judgment to acquire a judgment lien in the same manner, and subject to the same renewal and expiration provisions, as a properly recorded Idaho judgment.” Id. at 492; 472 P.3d at 1136. The Court then went on to clarify, “that the correct date to measure a judgment lien’s life under the EFJA (Idaho’s Enforcement of Foreign Judgment Act) is from the foreign jurisdiction’s entry of judgment, not the date it was recorded in Idaho.” Id.
If you are a Judgment Creditor seeking assistance in collecting upon those whom are indebted to you, give Stephen Muhonen at Racine Olson, PLLP, a call at 208-232-6101. You can also email Stephen at steve@racineolson.com