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H0184................................by JUDICIARY, RULES AND ADMINISTRATION
POSTJUDGMENT - Amends existing law to provide for postjudgment attorney's
fees and costs incurred in collecting on judgments entered in certain small
claims cases.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 59-1-10
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Campbell, Chase, Clark, Collins, Cuddy, Denney, Ellis,
Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond,
Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stone,
Swan, Tilman, Trail, Wheeler, Young
NAYS -- Barrett
Absent and excused -- Callister, Crow, Deal, Field(20), Kunz,
Langford, Raybould, Stevenson, Wood, Mr. Speaker
Floor Sponsor -- Bieter
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Lodge
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 161
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 184
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ATTORNEY'S FEES IN CIVIL ACTIONS; AMENDING SECTION 12-120, IDAHO
3 CODE, TO PROVIDE FOR POSTJUDGMENT ATTORNEY'S FEES AND COSTS INCURRED IN
4 COLLECTING ON JUDGMENTS ENTERED IN CERTAIN SMALL CLAIMS CASES AND TO MAKE
5 TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 12-120, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 12-120. ATTORNEY'S FEES IN CIVIL ACTIONS. (1) Except as provided in sub-
10 sections (3) and (4) of this section, in any action where the amount pleaded
11 is twenty-five thousand dollars ($25,000) or less, there shall be taxed and
12 allowed to the prevailing party, as part of the costs of the action, a reason-
13 able amount to be fixed by the court as attorney's fees. For the plaintiff to
14 be awarded attorney's fees, for the prosecution of the action, written demand
15 for the payment of such claim must have been made on the defendant not less
16 than ten (10) days before the commencement of the action; provided, that no
17 attorney's fees shall be allowed to the plaintiff if the court finds that the
18 defendant tendered to the plaintiff, prior to the commencement of the action,
19 an amount at least equal to ninety-five percent (95%) of the amount awarded to
20 the plaintiff.
21 (2) The provisions of subsection (1) of this section shall also apply to
22 any counterclaims, cross-claims or third party claims which may be filed after
23 the initiation of the original action. Except that a ten (10) day written
24 demand letter shall not be required in the case of a counterclaim.
25 (3) In any civil action to recover on an open account, account stated,
26 note, bill, negotiable instrument, guaranty, or contract relating to the pur-
27 chase or sale of goods, wares, merchandise, or services and in any commercial
28 transaction unless otherwise provided by law, the prevailing party shall be
29 allowed a reasonable attorney's fee to be set by the court, to be taxed and
30 collected as costs.
31 The term "commercial transaction" is defined to mean all transactions
32 except transactions for personal or household purposes. The term "party" is
33 defined to mean any person, partnership, corporation, association, private
34 organization, the state of Idaho or political subdivision thereof.
35 (4) In actions for personal injury, where the amount of plaintiff's claim
36 for damages does not exceed twenty-five thousand dollars ($25,000), there
37 shall be taxed and allowed to the claimant, as part of the costs of the
38 action, a reasonable amount to be fixed by the court as attorney's fees. For
39 the plaintiff to be awarded attorney's fees for the prosecution of the action,
40 written demand for payment of the claim and a statement of claim must have
41 been served on the defendant's insurer, if known, or if there is no known
42 insurer, then on the defendant, not less than sixty (60) days before the com-
43 mencement of the action; provided that no attorney's fees shall be allowed to
2
1 the plaintiff if the court finds that the defendant tendered to the plaintiff,
2 prior to the commencement of the action, an amount at least equal to ninety
3 percent (90%) of the amount awarded to the plaintiff.
4 The term "statement of claim" shall mean a written statement signed by the
5 plaintiff's attorney, or if no attorney, by the plaintiff which includes:
6 (a) An itemized statement of each and every item of damage claimed by the
7 plaintiff including the amount claimed for general damages and the follow-
8 ing items of special damages: (i) medical bills incurred up to the date of
9 the plaintiff's demand; (ii) a good faith estimate of future medical
10 bills; (iii) lost income incurred up to the date of the plaintiff's
11 demand; (iv) a good faith estimate of future loss of income; and (v) prop-
12 erty damage for which the plaintiff has not been paid.
13 (b) Legible copies of all medical records, bills and other documentation
14 pertinent to the plaintiff's alleged damages.
15 If the plaintiff includes in the complaint filed to commence the action,
16 or in evidence offered at trial, a different alleged injury or a significant
17 new item of damage not set forth in the statement of claim, the plaintiff
18 shall be deemed to have waived any entitlement to attorney's fees under this
19 section.
20 (5) In all instances where a party is entitled to reasonable attorney's
21 fees and costs under subsection (1), (2), (3) or (4) of this section, such
22 party shall also be entitled to reasonable post-judgment postjudgment
23 attorney's fees and costs incurred in attempting to collect on the judgment.
24 Such attorney's fees and costs shall be set by the court following the filing
25 of a memorandum of attorney's fees and costs with notice to all parties and
26 hearing.
27 (6) In any small claims case resulting in entry of a money judgment or
28 judgment for recovery of specific property, the party in whose favor the judg-
29 ment is entered shall be entitled to reasonable postjudgment attorney's fees
30 and costs incurred in attempting to collect on the judgment. Such attorney's
31 fees and costs shall be set by the court following the filing of a memorandum
32 of attorney's fees and costs with notice to all parties and an opportunity for
33 hearing. The amount of such attorney's fees shall be determined by the court
34 after consideration of the factors set out in rule 54(e)(3) of the Idaho rules
35 of civil procedure, or any future rule that the supreme court of the state of
36 Idaho may promulgate, but the court shall not base its determination of such
37 fees upon any contingent fees arrangement between attorney and client, or any
38 arrangement setting such fees as a percentage of the judgment or the amount
39 recovered. In no event shall postjudgment attorney's fees exceed the principal
40 amount of the judgment or value of property recovered.
. . . . . . . . . . .STATEMENT OF PURPOSE
RS10834
This bill amends section 12-120, Idaho Code, relating to
attorneys fees in civil actions, to authorize the award of post
judgment attorneys fees and costs incurred in the collection of small
claims judgments.
Section 12-120 (5), Idaho Code, encourages some merchants to
avoid the small claims court because they are able to get post-
judgment attorney fees in the magistrates division of the district
court if the case is filed at that level.
A Supreme Court committee appointed to review small claims
court procedures believes small claims court judgment creditors
should be afforded the same opportunity, and given an economically
feasible way to enlist professional help to collect their judgment
without having the award dissipated by attorney fee costs.
This bill establishes a procedure whereby this may be
accomplished, and places small claims judgments on an equal footing
with judgments issued by other courts.
FISCAL NOTE
No fiscal impact to state or local funds is anticipated.
Contact Person:
Representative David Bieter
(208) 332-1000
Statement of Purpose/Fiscal Note H 18