Idaho Bills

Amends existing law to provide that an order of service must direct certain action in certain instances.

Amends existing law to revise the definition of a licensing authority.

Amends existing law to provide for an order of renewal for an execution on certain judgments.

This legislation is intended to clarify text in Idaho Code concerning execution on judgments during renewal periods. Idaho law provides for the renewal of judgment over successive periods through motion and an orderofthecourtpursuanttoIdahoCode§10-1111. Caselawandcourtpracticeindicatethatonecanexecute on renewed judgments, but the Idaho statute includes language that could cause confusion and could prevent unwary creditors from fully pursuing their rights. Idaho Code §11-105 can be read to restrict execution upon monetary judgments to ten years from the date of entry of judgment or five years from entry of judgment enteredpriortoJuly1, 2015. Itisnotentirelyclearfromthecurrentlanguagethatentryofjudgmentincludes entry of an order renewing judgment. If the language were intended to only run from the date of entry of judgment, as this restrictive interpretation implies, and not entry of renewals of judgment it is unclear what rights, if any, are actually granted by renewal of judgment. It is clear, for instance, that a lien is renewed, but if execution rights do not exist, then the lien might not be able to be foreclosed. This interpretation makes the renewal statute effectively meaningless. There is a workaround to the process that would involve the common law cause of action called action on a judgment. Obtaining a new judgment through this process allows execution on the judgment during any renewal period, but would potentially cost the plaintiff their lien priority and this method of renewal undermines a primary purpose of the renewal statute, which is to simplify the renewal of judgments.