Idaho Code

Idaho Code § 19-5305 (2026)

Collection of judgments.

✓ current as of May 2026

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Collection of judgments.

(1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments.

(2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.

Notes of Decisions

Cited in 20 cases (5 in the last 5 years), 1989–2023 · leading case: Kenneth M. Workman v. Christopher Rich, 403 P.3d 1200 (Idaho Ct. App. 2017).

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Kenneth M. Workman v. Christopher Rich, 403 P.3d 1200 (Idaho Ct. App. 2017). · cites it 14× “Idaho Code § 19-5305 provides: (1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may…”

State v. Christina Rose Wisdom, 393 P.3d 576 (Idaho 2017). · cites it 2× “§ 19-5304(6) (stating that restitution awards are determined “upon the preponderance of the evidence”); I.C. § 19-5305(1) (explaining that restitution awards may be recorded and executed as a civil judgment); State v.”

State v. Abelardo Dominguez Gomez, 281 P.3d 90 (Idaho 2012). · cites it 2× “” I.C. § 19-5305. As applied here, the district court entered an order for restitution that was separate and apart from the sentence imposed on Gomez.”

State v. Bybee, 768 P.2d 804 (Idaho Ct. App. 1989). · cites it 2× “I.C. § 19-5305. If the order required Bybee to make installment payments or if it had set a deadline for paying restitution, we would be inclined to vacate the order.”

State v. Wade Lamonte Peterson, 280 P.3d 184 (Idaho Ct. App. 2012). · cites it 4× “While the procedure is apparently designed to secure finality so that the order of restitution may become a civil judgment, I.C. § 19-5305, that purpose does not change their nature from defining when the court may act to, instead, terminating the court’s subject matter…”

State v. McCool, 87 P.3d 291 (Idaho 2004). · cites it 2× “” Idaho Code § 19-5305 provides: “After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may…”

State v. Cottrell, 271 P.3d 1243 (Idaho Ct. App. 2012). · cites it 2× “See I.C. § 19-5305; Bybee, 115 Idaho at 543 , 768 P.”

State v. Christopher T. Weaver, 345 P.3d 226 (Idaho Ct. App. 2014). · cites it 2× “may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.”

State v. Jensen, 241 P.3d 1 (Idaho Ct. App. 2010). · cites it 2× “While the procedure is apparently designed to secure finality so that the order of restitution may become a civil judgment, I.C. § 19-5305, that purpose does not change their nature from defining when the court may act to, instead, terminating the court’s subject matter…”

State v. Ferguson, 67 P.3d 1271 (Idaho Ct. App. 2002). · cites it 2× “Almost two years later on March 22, 2000,' the victim, Ferguson’s ex-wife, Julie Ferguson (hereinafter Julie), sought a civil judgment against Jerry by recording an order of restitution as a judgment pursuant to Idaho Code § 19-5305 , however, the document recorded by Julie was…”

State v. Aubert, 811 P.2d 44 (Idaho Ct. App. 1991). · cites it 2× “I.C. § 19-5305. This purpose is with little meaning in the instant case, since the mining company already has acquired a civil judgment upon which execution may be obtained.”

State v. Poe, 506 P.3d 897 (Idaho 2022). · cites it 4× “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 . . . have a writ of execution issued for its…”

Show all 20 citing cases →

— Idaho Code § 19-5305(1) — 7 cases

State v. Christina Rose Wisdom, 393 P.3d 576 (Idaho 2017). “§ 19-5304(6) (stating that restitution awards are determined “upon the preponderance of the evidence”); I.C. § 19-5305(1) (explaining that restitution awards may be recorded and executed as a civil judgment); State v.”

Kenneth M. Workman v. Christopher Rich, 403 P.3d 1200 (Idaho Ct. App. 2017). “Idaho Code § 19-5305 provides: (1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may…”

State v. Christopher T. Weaver, 345 P.3d 226 (Idaho Ct. App. 2014). “may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.”

State v. Poe, 506 P.3d 897 (Idaho 2022). “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 . . . have a writ of execution issued for its…”

State v. Kolander, 506 P.3d 904 (Idaho Ct. App. 2022).

— Idaho Code § 19-5305(2) — 2 cases

State v. Sanchez (Idaho Ct. App. 2021).

— Idaho Code § 19-5305(7) — 1 case

State v. Young (Idaho Ct. App. 2022).

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