Idaho Code
Idaho Code § 45-522 (2026)
Release of lien on real property by posting surety bond — Action against debtor and surety — Preferential settings.
✓ current as of May 2026
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Release of lien on real property by posting surety bond — Action against debtor and surety — Preferential settings.
The lien claimant is entitled to bring an action against the lien claimant’s debtor and to join therein the surety on the bond. The rights of the lien claimant under the bond are conditioned on the validity and enforceability of the lien pursuant to this chapter, and the court may award up to the penal sum of the bond an amount that may consist of the following components:
(1) The amount found due to the lien claimant by the court;
(2) The cost of preparing and filing the lien claim, including attorney’s fees, if any;
(3) The costs of the proceedings;
(4) Attorney’s fees for representation of the lien claimant in the proceedings; and
(5) Interest at the rate of seven percent (7%) per annum on the amount found due to the lien claimant and from the date found by the court that the sum was due and payable.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2011–2025 · leading case: Perception Constr. Mgmt., Inc. v. Bell, 254 P.3d 1246 (Idaho 2011).
Perception Constr. Mgmt., Inc. v. Bell, 254 P.3d 1246 (Idaho 2011). “PCM filed suit to foreclose its lien, and the district court granted PCM's motion for an expedited hearing pursuant to Idaho Code § 45-522 (2). The Bells filed an answer and counterclaim which included claims for breach of contract and breach of the implied covenant of good…”
Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “Pro Rentals was thus required to enforce its claim of lien within the six- month period outlined in Idaho Code section 45-510.”
Petra, Inc. v. Meridian Hotel Holdings, LLC (D. Idaho 2025). “Finally, Petra asserted that under Idaho Code § 45-522 (1)(a-e), it was entitled to relief from Harco under the terms of the lien release bond.”
— Idaho Code § 45-522(1) — 1 case
Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “Pro Rentals was thus required to enforce its claim of lien within the six- month period outlined in Idaho Code section 45-510.”
— Idaho Code § 45-522(1)(d) — 1 case
Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “Pro Rentals was thus required to enforce its claim of lien within the six- month period outlined in Idaho Code section 45-510.”
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