TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 6

CLAIMS FOR WAGES

45-618.  Administrative enforcement and collection of wage claims. (1) A department determination, if not appealed to an appeals examiner; or a decision of the appeals examiner, if judicial review is not sought; or a court order following judicial review, may be enforced by the department according to section 45-620, Idaho Code.

(2)  If at any time the department determines, in its sole discretion, that a wage claim upon which a lien was filed pursuant to section 45-620, Idaho Code, is no longer collectable, the department shall:

(a)  Transfer the state lien from the central lien filing system of the secretary of state to the district court in the county of the debtor’s last known address. A lien transferred pursuant to this subsection shall be entered in the judgment docket of the district court and recorded as a transferred lien with the effective date of the lien being the date it was initially filed with the secretary of state.

(b)  Notify the claimant in writing, at the claimant’s last known address, that the lien has been transferred and advise the claimant that no further action will be maintained by the department on the wage claim, and that from the date of the transfer, it shall be the claimant’s sole responsibility to maintain and enforce the lien.

(3)  A lien transferred pursuant to this section shall be enforceable by the claimant in the same manner and with the same effect as if the lien had been a judgment of the district court.

History:

[45-618, added 1999, ch. 51, sec. 21, p. 125.]