Idaho Code
Idaho Code § 10-1303 (2026)
Affidavit containing name and address of judgment debtor and creditor — Notice of filing — When process for enforcement may issue.
✓ current as of May 2026
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Affidavit containing name and address of judgment debtor and creditor — Notice of filing — When process for enforcement may issue.
(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post-office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer if any in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until five (5) days after the date the judgment is filed.
Notes of Decisions
Cited in 3
cases, 1989–2005 · leading case: In Re Millsap, 122 B.R. 577 (Bankr. D. Idaho 1991).
In Re Millsap, 122 B.R. 577 (Bankr. D. Idaho 1991). “Upon learning of this, and because Idaho Code § 10-1303 (c) does not allow such recording for a period of five days after filing of the judgment and notice to the judgment-debtor, counsel for the creditor requested that the judgment be rerecorded on July 5.”
In re Thames, 349 B.R. 659 (Bankr. D. Idaho 2005). “A foreign judgment can be registered in Idaho by filing a duly authenticated copy of the judgment in the office of the clerk *664 of any district court, pursuant to Idaho Code § 10-1303 , together with an affidavit setting forth the name and last known address of the judgment…”
Westmark Fed. Credit Union v. Smith, 776 P.2d 1193 (Idaho 1989). “On August 4, 1986, pursuant to I.C. § 10-1303, an affidavit was filed with the magistrate’s division of the district court in Bingham County, Idaho, setting for'h the name and address of the judgment debtor and the judgment creditor.”
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