Time within which execution may issue — Stay pending disposition of motions.
Except as provided in section 5-245, Idaho Code, for execution on judgments for support of a child and for execution on judgments for restitution to victims of crime, the party in whose favor judgment is given may, at any time within ten (10) years after the entry or order of renewal thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court. The party in whose favor a judgment for restitution to a victim of crime has been entered pursuant to section 19-5305, Idaho Code, may, at any time within twenty (20) years after the entry thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court.
Notes of Decisions
Collection Bureau, Inc. v. Dorsey, 249 P.3d 1150 (Idaho 2011).
· cites it 16× “Idaho Code § 11-101 provides: Except as provided in section 5-245, Idaho Code, for execution on judgments for support of a child, the party in whose favor judgment is given may, at any time within five (5) years after the entry thereof, have a writ of execution issued for its…”
Radioear Corp. v. Crouse, 547 P.2d 546 (Idaho 1976).
· cites it 8× “Radioear Corporation asserts that, if Crouse desired to attack the judgment, he should have obtained a stay of execution I.C. § 11-101. [10] This argument is without merit.”
Stonecipher v. Stonecipher, 963 P.2d 1168 (Idaho 1998).
· cites it 4× “§ 5-245, the child support arrearages recoverable by Donna were limited to the judgment amounts for which a writ of execution could be issued, pursuant to I.C. § 11-101. At the time of the parties’ divorce decree fixing the monthly amount of child support due from Dwight, the…”
Williams v. Paxton, 559 P.2d 1123 (Idaho 1977).
· cites it 4× “" I.C. § 11-101 provides that, "The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement, .”
Allen F. Grazer v. Gordon A. Jones, 294 P.3d 184 (Idaho 2013).
· cites it 2× “§ 11-105 exception to the time limitation in I.C. § 11-101 applies. This argument fails because this is an action “for the recovery of money” to the extent that Grazer sought to have Grazer’s property sold to satisfy his Utah money judgment.”
State v. Poe, 506 P.3d 897 (Idaho 2022).
· cites it 6× “” I.C. §§ 11-101–731. Idaho Code section 11-101 explicitly contemplates the enforcement of a restitution order: “The party in whose favor a judgment for restitution to a victim of crime has been entered pursuant to section 19-5305, Idaho Code, may .”
Browning v. Browning, 39 P.3d 631 (Idaho 2001).
· cites it 2× “I.C. § 11-101. A party may request the court to issue a writ of execution if the judgment is not paid.”
Nations v. Bonner Bldg. Supply, 746 P.2d 1027 (Idaho Ct. App. 1987).
· cites it 2× “I.C. § 11-101. Finally, a new trial motion signals a possibility that the trial court might set aside the judgment.”
Sapient Trading v. John Bach (Idaho Ct. App. 2014).
· cites it 2× “Moreover, the judgment creates a lien on all of the debtor’s present or later acquired property in any county where the judgment has been recorded: [O]nce a foreign judgment has been domesticated by proper filing, a certified transcript or abstract thereof may be recorded in any…”
Bankers Life & Cas. Co. v. Gilmore (In re Gilmore), 141 B.R. 734 (Bankr. D. Idaho 1992).
· cites it 3× “THE STATUTE OF LIMITATIONS The defendant urges the application of Idaho Code §§ 11-101 and 11-105. 2 He argues the filing of the judgment in Idaho *736 in 1991 did not constitute the filing of an “action of a judgment” and therefore the tolling provisions of Idaho Code § 5-229 3…”
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