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.
Notes of Decisions
Allen F. Grazer v. Gordon A. Jones, 294 P.3d 184 (Idaho 2013).
· cites it 12× “I.C. §§ 10-1110, 10-1302, 10-1306A. In April of 2006, Gordon filed for Chapter 7 bankruptcy in Utah.”
Debra Peterson v. Dept of H&W, 320 P.3d 1244 (Idaho 2014).
· cites it 13× “The amendment added the following provision: (2) Unless the judgment has been satisfied, and prior to the expiration of the lien created in section 10-1110, Idaho Code, or any renewal thereof, a court that has entered a judgment for child support may, upon motion, renew such…”
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987).
· cites it 16× “STATUS OF CARMEN'S JUDGMENT LIEN AFTER EXECUTION SALE Carmen's attorney announced prior to the execution sale of each parcel of real property that it was being sold subject to Carmen's continuing lien. Carmen certainly had a judgment lien in the property prior to the execution…”
Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984).
· cites it 20× “Fulton argues that, contrary to the district court’s determination, a vendee’s interest under a land sale contract constitutes ownership of real property against which a recorded judgment imposes a judgment lien, as provided by I.C. § 10-1110. As an alternative basis for holding…”
Messenger v. Burns, 382 P.2d 913 (Idaho 1963).
· cites it 15× “45, which amended I.C. § 10-1110 and repealed I.C. § 10-1109.”
Smith v. Smith, 423 P.3d 998 (Idaho 2018).
· cites it 12× “]" I.C. § 10-1110 (emphasis added). The statute does not mandate recording for a judgment to be valid.”
Parkwest Homes v. Julie G. Barnson, 302 P.3d 18 (Idaho 2013).
· cites it 6× “” ParkWest relied on I.C. § 10-1110, which provides that from the time a judgment is recorded, “the judgment so recorded becomes a hen upon all real property of the judgment debtor in the county,” in support of its contention that its default judgment should have priority over…”
State v. Poe, 506 P.3d 897 (Idaho 2022).
· cites it 18× “2 WHEREAS, a lien as expressed in Idaho Code § 10-1110 was properly perfected by recording of the Restitution Order and Judgment in the County of Owyhee, State of Idaho, on August 6, 2009, under instrument number 268908; and WHEREAS, the restitution order in this matter has not…”
Bach v. Dawson, 268 P.3d 1189 (Idaho Ct. App. 2012).
· cites it 12× “continues five (5) years from the date of the judgment_” I.C. § 10-1110 (emphasis added). Idaho Code section 10-1111(1) allows a court to renew, upon a motion, an unsatisfied judgment at any time prior to the expiration of the judgment lien created by section 10-1110.”
Smith v. Smith, 964 P.2d 667 (Idaho Ct. App. 1998).
· cites it 10× “Idaho Code § 10-1110 provides in part: 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…”
Andre v. Morrow, 680 P.2d 1355 (Idaho 1984).
· cites it 4× “I.C. § 10-1110. The Idaho district court clearly erred in purporting to modify the California judgment so as to make the lien of the impressed trust retroactive, no matter what view is taken of the California court's acting without jurisdiction.”
Kenneth M. Workman v. Christopher Rich, 403 P.3d 1200 (Idaho Ct. App. 2017).
· cites it 8× “Workman relies on I.C. §§ 10-1110 and 10-1111 which state that to keep a judgment an active, collectable order, the parties must file a timely motion to renew judgment within five years from the date of the entry and thereafter every five years.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.