TITLE 10

ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

CHAPTER 11

MANNER OF GIVING AND ENTERING JUDGMENT — LIEN AND SATISFACTION

10-1110.  Filing transcript of judgments — Lien acquired. A transcript or abstract of any judgment or decree of any court of this state or any court of the United States the enforcement of which has not been stayed as provided by law, if rendered within this state, certified by the clerk having custody thereof, may be recorded with the recorder of any county of this state, who shall immediately record and docket the same as by law provided, and from the time of such recording, and not before, the judgment so recorded becomes a lien upon all real property of the judgment debtor in the county, not exempt from execution, owned by him at the time or acquired afterwards at any time prior to the expiration of the lien; provided that where a transcript or abstract is recorded of any judgment or decree of divorce or separate maintenance making provision for installment or periodic payment of sums for maintenance of children or alimony or allowance for wife’s support, such judgment or decree shall be a lien only in an amount for payments so provided, delinquent or not made when due. The lien resulting from recording of a judgment other than for support of a child or for restitution owed to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues ten (10) years from the date of the judgment, unless the judgment be previously satisfied, or unless the enforcement of the judgment be stayed upon an appeal as provided by law. A lien arising from the delinquency of a payment due under a judgment for support of a child issued by an Idaho court continues until ten (10) years after the death or emancipation of the last child for whom support is owed under the judgment unless the underlying judgment is renewed, is previously satisfied or the enforcement of the judgment is stayed upon an appeal as provided by law. A lien arising from an order for restitution to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues until twenty (20) years from the date of the judgment, unless the judgment be previously satisfied, or unless the judgment is stayed or set aside. The transcript or abstract above mentioned shall contain the title of the court and cause and number of action, names of judgment creditors and debtors, time of entry and amount of judgment.

History:

[(10-1110) C.S., sec. 6902B, added 1929, ch. 51, sec. 3, p. 70; I.C.A., sec. 7-1110; am. 1955, ch. 45, sec. 1, p. 63; am. 1963, ch. 209, sec. 1, p. 598; am. 1995, ch. 264, sec. 2, p. 847; am. 1998, ch. 68, sec. 1, p. 261; am. 2011, ch. 104, sec. 2, p. 267; am. 2015, ch. 139, sec. 1, p. 343; am. 2015, ch. 278, sec. 4, p. 1138.]