Idaho Code

Idaho Code § 45-523 (2026)

Release of lien on real property by posting surety bond — Motion to enforce liability of surety.

✓ current as of May 2026

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Release of lien on real property by posting surety bond — Motion to enforce liability of surety.

(1) By entering into a bond given pursuant to section 45-519, Idaho Code, the surety submits himself to the jurisdiction of the court in which the bond is filed in the proceeding for release of the lien, and the surety irrevocably appoints the clerk of that court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without the necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is known.

(2) The motion described in subsection (1) of this section must not be instituted until the lapse of thirty (30) days following the giving of notice of entry of judgment in the action against the lien claimant’s debtor, if no notice of appeal from the judgment is filed, nor may the motion be instituted until the lapse of thirty (30) days following the filing of the remittitur from the court of appeals or the supreme court, if an appeal has been taken from the judgment.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1998–2023 · leading case: State v. Abracadabra Bail Bonds, 952 P.2d 1249 (Idaho Ct. App. 1998).

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State v. Abracadabra Bail Bonds, 952 P.2d 1249 (Idaho Ct. App. 1998). · cites it 2× “”); I.C. § 45-523 (Where a bond is entered to release a lien on real property, the surety’s “liability may be enforced on motion without the necessity of an independent action.”

Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). · cites it 6× “Pro Rentals properly invoked Idaho Code section 45-523 and moved for an order to enforce the liability of the surety bond.”

— Idaho Code § 45-523(1) — 1 case

Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “Pro Rentals properly invoked Idaho Code section 45-523 and moved for an order to enforce the liability of the surety bond.”

— Idaho Code § 45-523(2) — 1 case

Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “Pro Rentals properly invoked Idaho Code section 45-523 and moved for an order to enforce the liability of the surety bond.”

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