Debtor or creditor may dispute claim.
The debtor or creditor intending to dispute a claim presented under the provisions of section 45-604, Idaho Code, shall, within ten (10) days after receiving notice of such claim, serve upon the claimant and the officer executing the writ, a statement in writing, verified by the oath of the debtor, or his agent or attorney, or the oath of the person disputing such claim, or his agent or attorney, setting forth that no part of said claim, or not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty (60) days preceding the levy of the writ. If the claimant brings suit on a claim which is disputed in part only, and fails to recover a sum exceeding that which was admitted to be due, the claimant shall not recover costs, but costs shall be adjudged against the claimant.
Notes of Decisions
Cited in
23
cases (
1 in the last 5 years), 1950–2024 · leading case:
Lawless v. Davis, 560 P.2d 497 (Idaho 1977).
Lawless v. Davis, 560 P.2d 497 (Idaho 1977).
· cites it 8× “§ 45-606, together with I.C. §§ 45-605 and -607, set forth the rules for damages, attorney fees and liens for collection of damages in suits brought by an employee against his employer for collection of wages following termination of employment.”
Schoonover v. Bonner Cnty., 750 P.2d 95 (Idaho 1988).
· cites it 9× “2d 1060 (1983), a county sheriff was denied treble damages for unpaid wages under the statutory scheme embodied in I.C. § 45-605. See also, Gilbert v. Moore, 108 Idaho 165 , 697 P.”
Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981).
· cites it 4× “§ 30-1446; in actions for wages due to an employer, I.C. § 45-605; in actions involving proceedings brought under the Workmen's Compensation Act, I.”
Jolley v. Puregro Co., 496 P.2d 939 (Idaho 1972).
· cites it 4× “§ 62-409 (railroad killing stock); I.C. § 45-605 (wages); I.C. § 11-402 (redemption of property from execution sale); I.”
Bilow v. Preco, Inc., 966 P.2d 23 (Idaho 1998).
· cites it 4× “However, rather than deciding the issue solely based on this procedural point, we will address the substantive question of whether the Hutchisons could be awarded attorney fees pursuant to I.”
Cox v. Stolworthy, 496 P.2d 682 (Idaho 1972).
· cites it 4× “§ 11-402 (redemption of property from execution sale); I.C. § 45-605 (wages); I.C. §§ 72-611, 702 (workmen's compensation).”
Neal v. Idaho Forest Indus., Inc., 691 P.2d 1296 (Idaho Ct. App. 1984).
· cites it 6× “§ 45-615(4) and attorney fees pursuant to I.C. § 45-605. Neal was general manager of the Boise division of Idaho Forest Industries, Inc.”
Fish v. Fleishman, 391 P.2d 344 (Idaho 1964).
· cites it 6× “I.C. § 45-605. Appellant by his answer denied any indebtedness to respondent, and by cross-claim sought damages founded upon alleged breach of the contract by respondent.”
Lindsey v. McCatron, 299 P.2d 496 (Idaho 1956).
· cites it 12× “20; and particularly whether he became entitled to recovery of attorneys fees as provided by I.C. § 45-605, and to recovery of any sum as a penalty as provided by I.”
Hutchison v. Anderson, 950 P.2d 1275 (Idaho Ct. App. 1997).
· cites it 2× “§ 12-120 when the underlying cause of action is a wage claim brought pursuant to I.C. § 45-617. Anderson contends that I.”
Ultrawall, Inc. v. Washington Mut. Bank, 25 P.3d 855 (Idaho 2001).
· cites it 2× “We believe this represents an inequitable approach from the lender’s standpoint, however; and we are not persuaded that those individuals and entities that have no connection with the initial construction of the project, but record their liens after the recording of the…”
Hales v. King, 762 P.2d 829 (Idaho Ct. App. 1988).
· cites it 2× “Therefore we hold that any employee, who for any reason has terminated his or her employment, and who has had wages withheld, may utilize I.C. § 45-615(4) as a remedy.”
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