Idaho judgment records are considered court records. They contain the final decisions of legal proceedings resolved within the state court system.
Per Idaho Court Administrative Rule (ICAR) 32 and the Idaho Public Records Act, judgment records, like Idaho court records, are considered public records that can be inspected and copied by interested parties unless the record is exempt from public disclosure. The usual means of reviewing these records is by querying the public record custodians (the court clerks) or accessing a statewide court records database.
What is a Judgment?
According to Rule 54 of the Idaho Rules of Civil Procedure (I.R.C.P.), a judgment is a court ruling outlining the relief that parties in a civil action should receive. It is typically issued when an individual or business seeks legal recourse to reclaim what is owed to them.
Although most judgments award a sum of money to an aggrieved party, the courts can also render non-monetary judgments. For example, a judgment can instruct the losing side to return property or fulfill an obligation.
Idaho Judgment Laws
Idaho's judgment laws are outlined in Title VII, Rule 54 of the Idaho Rules of Civil Procedure, and Title 10 and 11 of the Idaho Statutes. These statutes govern judgment proceedings that take place within the state court system.
What is Judgment Lien?
A judgment lien is a legal claim on a judgment debtor's real property. It is a security interest that a judgment creditor can obtain against a debtor's property to guarantee the satisfaction of a judgment.
Having a judgment lien against a debtor's property does not necessarily mean that the creditor now owns the property. Instead, suppose the debtor is unable to pay the judgment. In that case, the judgment lien (sometimes called an abstract of judgment) ensures that the judgment creditor becomes entitled to funds obtained from the property's sale.
In Idaho, only real estate can be encumbered by a judgment lien. Examples include houses, lands, and condos. However, before a creditor can place a lien on a debtor's real property, state law mandates that the creditor record a certified copy of the judgment with the county clerk in any county that the debtor owns or may own real estate.
What is an Idaho Summary Judgment?
Under Idaho Rules of Civil Procedure 56, a summary judgment is a final order given by a court in favor of one party without a full trial. This legal tool allows the court to resolve a civil matter swiftly. A summary judgment is issued when there is no disagreement regarding a case's material facts, and one party deserves a judgment as a matter of law.
In Idaho, judges have the authority to grant a full or partial summary judgment. This means that a judge may rule on some factual matters while reserving others to be decided via trial. In general, the goal of summary judgment is to minimize redundant trials and litigation costs.
What is A Summary Judgment Motion In Idaho?
A summary judgment motion in Idaho is a written request or pleading for the court to enter a final decision without a trial. Any case party can file a motion for summary judgment stating each claim or defense, or the portion of each claim or defense, on which the judgment sought. If the moving party can prove that there is no legitimate dispute as to any significant fact in the case and that they are entitled to the judgment as a matter of law, the court must issue a summary judgment.
The motion must be filed at least 90 days before the trial date or within seven days of the date of the order scheduling the case for trial. Also, at least 28 days before the hearing date, the motion, supporting documents, and brief must be served on the opposing party. If the opposing party chooses to challenge the summary judgment, they must file and serve an answering brief and any opposing papers at least 14 days before the hearing. Then, the moving party must serve a reply brief at least seven days before the hearing date. Only after reviewing the motion and all supporting documents will the court render its final decision.
Idaho Judgment Record Search
Members of the general public can search for judgment records in Idaho on the internet. The Idaho Judiciary Branch provides the iCourt portal for the public's convenience, allowing interested persons to find court documents and case information. Court data available on the system is sourced from courts in all counties and dates back to 1995.
The iCourt system is updated daily to ensure that the judgment records provided are always up to date. To display search results on the iCourt portal, the inquirer must first input certain case information into the Smart Search field, such as a party's name or case number. It is also possible to filter one's search to obtain accurate search results. The various filtering features on the site include:
- General Options: This narrows down results based on location (counties) and search type.
- Party Search Criteria: This permits requesters to search for a judgment based on a case party's name, alias, or business name.
- Case Search Criteria: This allows inquirers to filter results by case type, case status, and case start and finish dates.
It is worth noting that the iCourt portal does not display personal information such as addresses, phone numbers, social security numbers, or identification numbers.
How Do I Look Up a Judgment In Idaho?
Idaho judgment records, like most court records generated within the state court system, are available for public inspection. These records can be reviewed by submitting a written request to the clerk of the court where the case was filed. Each request must be accompanied by case information that will assist in the location of the record. Examples of such information include:
- A party's name
- The case number
- The case type
Usually, a requester must pay a small fee for the clerk to reproduce a judgment record.
Most judgment records contain information about the court orders issued in a case, submitted motions, supporting documents, details of proceedings, and other relevant information.
What Happens if You Have a Judgment Against You in Idaho?
If a judgment is issued against an individual or entity in Idaho, the court will send a notice of the judgment's entry in the mail. This notice will typically outline the responsibilities and liabilities of each party. Afterward, the judgment creditor can use that judgment to try to collect money from the debtor.
Because the judgment is legally binding on both parties, the judgment debtor is mandated by law to pay damages or follow orders indicated in the judgment. Failure to comply will cause the judgment creditor to seek further legal action and forcefully collect what is owed.
How Do I Find Out If I Have Any Judgments Against Me In Idaho?
Anyone can search the online records database provided by the Idaho courts for information on judgments issued within the state. This includes individuals who have judgments against them. Searches can be carried out using party names, case numbers, and other information.
Additionally, entities with judgments against them are parties to a civil lawsuit. As a result, they will be informed of every action taken during the case. Typically, the court will send them notices of motions filed in the case, the evidence presented, and so on. This includes entries of court judgments. Hence, interested parties should check their mail for such notices or contact the clerk's office for judgment information.
How Long Does A Judgment Stay On Your Record?
When judgments are entered, they become part of the court's permanent record. However, a judgment might stay on a judgment debtor's credit report for up to seven years, possibly harming the individual’s credit score.
How To Enforce A Judgment In Idaho
When a judgment is entered in someone's favor, the entity is considered the "judgment creditor," and the losing party, the "judgment debtor." If the judgment awarded money to the creditor, the debtor is obligated to pay the damages. Otherwise, the creditor can lawfully enforce the judgment by seizing the debtor's cash, personal belongings, or real estate.
Typically, the creditor will seek a writ from the court to enforce the judgment. The Idaho courts can issue three kinds of writs but can only issue one at a time. These writs include:
- Writ of Possession (to recover personal property)
- Writ of Continuing Garnishment (to recover money by garnishing wages)
- Writ of Execution (to recover money by seizing personal property)
Once the writ is issued, the creditor may file it at the sheriff's office in the county where the defendant's property or job is located. The creditor must also give the sheriff the name and address of the property or job to aid its location. The sheriff will then serve the relevant papers on the defendant. If the writ is for wage garnishment, the defendant's employer must also be served.
Once the sheriff executes the writ, the judgment can be paid from the sale proceeds of the debtor's property, garnishment of the debtor's earnings, or recovery of property. However, suppose the sheriff returns the document, and the judgment has not been paid in full. In that case, the judgment creditor can request a Debtor's Exam, during which they can question the defendant under oath about their money or property.
How To Collect A Judgment In Idaho
Collecting a judgment in Idaho has the same meaning as enforcing a judgment. It constitutes all processes initiated to ensure that a judgment creditor is paid what is owed to them. Like most matters in law, collection processes in Idaho are time-sensitive. The time spent to collect a judgment can depend on the debtor's ability to pay, the type of judgment, the statutory stay period, and whether the party filed a motion to overturn the decision.
For instance, if the judgment was entered following a hearing where both parties were present, the creditor must wait 30 days from the judgment's entry date to begin collection. If the judgment is a default judgment, it can be enforced right away. However, if the losing party filed an appeal, the creditor cannot enforce the judgment unless they win the case at the appeal hearing. If the creditor wins, the party can enforce the new judgment as soon as it is received.
What Happens if a Defendant Does Not Pay a Judgment in Idaho
Failing to pay a civil judgment is generally inadvisable, as it is considered an outright disobedience of a court order. Although the court is not a collection agency, it can still assist the judgment creditor in collecting what is owed to them through further legal actions, orders, and summons. For example, suppose a judgment debtor fails to pay a debt voluntarily. In that case, the law allows the creditor to forcefully take the debtor's wages, money, or property to recover the owed sum.
The court also permits debtor examinations, where the defendant will be questioned under oath about their assets and properties. This entire process can be unpleasant for the defendant, but it is usually avoidable by negotiating favorable terms with the creditor.
What Personal Property Can Be Seized in a Judgment in Idaho?
In Idaho, a sheriff can confiscate personal property (anything that is not real property like dwellings, land, or buildings) and sell it to pay a judgment creditor. Typically, creditors can use a variety of methods to try to collect their judgment. Among the possibilities are:
- Garnishing the debtor's earnings
- Garnishing the debtor's spouse's earnings
- Garnishing the debtor's bank accounts
- Execution on the debtor's personal property (vehicles, guns, tools, appliances, or equipment, jewelry, household goods, cash, etc.)
- Executing on a judgment debtor's business interest
However, it is worth noting that these collection methods are subject to legislative exemptions. These exemptions, specified under Idaho Code 11-604, exist to protect people against judgment creditors who will otherwise leave them destitute.
The following property is exempt from judgment collection efforts:
- Public assistance from the government
- Social security, retirement, and disability benefits
- Employee benefits and workers compensation
- Proceeds from life insurance
- Payments for child support
- Alimony
Idaho Judgment Interest Rate
According to Idaho Code 28-22-104, the legal rate of interest in Idaho is decided on July 1 of each year by the State Treasurer. For the next twelve months, the set interest rate applies to all judgments entered in the state. The 2021 judgment interest rate was determined to be 5.125 percent and holds until June 30, 2022.
What is a Default Judgment?
Rule 55 of the Idaho Rules of Civil Procedure governs default judgments. A default judgment is entered against an individual or business when they fail to respond, plead, or otherwise defend in a civil action. If the failure is further demonstrated by affidavit or other means, the court must declare the party in default per the law.
When an individual or business brings a claim against another for damages, the clerk or the court can issue a default judgment on their behalf if the defendant (sued party) fails to respond to the complaint. However, the process is not automatic. The plaintiff must submit an affidavit of the amount due, show the method used to determine the sum, and provide any other evidence that supports their demand for a favorable judgment.
Claimants can request a default judgment by filing a motion with the court. The application or motion for a default judgment must include a written certification of the defending party's name and the address, which the clerk will use to notify the defendant of the default judgment.
How to File a Motion To Set Aside Default Judgment in Idaho
Defendants that have a good reason for failing to respond to a civil complaint or appear for a hearing may petition the court to set aside their default judgment. An Idaho court will set aside a default judgment for the following reasons:
- Excusable neglect
- When there is new evidence that could not have been found in time to move for a new trial
- Fraud or misconduct by an adverse party
- The judgment is void
- The judgment has been cleared or discharged
- Any other reason that permits relief from the court's decision
The motion must be filed according to Rule 60(b) of the state's Rules of Civil Procedure. Also, the defendant must file the motion within a reasonable time. Usually, no more than six months after the judgment is entered.
File Motion To Vacate Judgment in Idaho
The same procedure for filing a motion to set aside a default judgment applies to filing a motion to vacate a judgment in Idaho. Given that both entail petitioning the court to reconsider a decision, the procedures are regulated by Rule 60 of the state's Rules of Civil Procedure. Hence, when having good cause to request post-judgment relief, an interested party can file a motion to vacate with the court using the approved forms.
How To Remove An Abstract Of Judgment In Idaho
In Idaho, an "abstract of judgment" is a court-issued document used to establish a lien to collect a monetary judgment from an unwilling debtor. The lien is attached to the debtor's property until the judgment debt is paid.
A judgment debtor who wants to remove an abstract of judgment (or judgment lien) in Idaho must do one of the following:
- Pay off the debt
- Negotiate a partial payment or installment payment plan
- Have the judgment vacated or reversed
Upon paying the debt in full or as agreed upon, the creditor will release the lien by signing and filing a satisfaction of judgment with the court, as given by Idaho Rules of Civil Procedure, Rule 58.1. The document must be filed in the same court that issued the initial judgment. It also needs to be documented in each county where the abstract of judgment was filed.
Once the lien is released, the property owner has complete freedom to sell, trade, or otherwise transfer the property.
How Long Is a Judgment Good For In Idaho
A judgment is only valid for five years after an Idaho district court renders it, but it can be revived every five years for a total of 20 years (i.e., four times). A creditor who wants to renew a judgment must petition the court before the five-year period expires. The renewal process is as follows:
- Obtain and complete the following court forms:
- Motion to Renew Judgment (CAO Cv 9-1)
- Order Renewing Judgment (CAO Cv 9-2)
- Serve a copy of the renewal motion on the judgment debtor and indicate the mode of service on the certificate of service included in the document.
- File the motion to renew with the clerk of the court where the judgment was entered and have the judge sign the proposed order.
- Pay the filing fee for the motion. If the motion is granted, the court will mail copies of the signed order to all parties involved.
Idaho Judgment Statute of Limitations Law
A judgment statute of limitations law is a legal constraint on the time a creditor has to pursue legal action to collect a judgment. Idaho judgments have a five-year limit, though they can be renewed at five-year intervals for a total of 20 years. When the statute of limitations on a judgment expires, the judgment is no longer legally recoverable.
