reglab/housing_qa huggingface dataset:
ID Code § 45-519 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-519 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — FORM OF BOND.

45-519. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — FORM OF BOND. The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially the following form: (Title of court and cause, if action has been commenced) WHEREAS, ……………….. (name of owner, contractor, or other person disputing the lien) desires to give a bond for releasing the following described real property from that certain claim of mechanic’s lien in the sum of $ ……….., recorded ……………, …., in the office of the recorder in ………………….. (name of county where the real property is situated): (legal description) NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to ……………………., (name of claimant) the claimant named in the mechanic’s lien, under the conditions prescribed by sections 45-518 through 45-524, Idaho Code, inclusive, in the sum of $ ……. (1-1/2 x claim), from which sum they will pay the claimant such amount as a court of competent jurisdiction may adjudge to have been secured by his lien, with interest, costs and attorney’s fees. IN WITNESS WHEREOF, the principal and surety have executed this bond at ………………., Idaho, on the ……… day of …………, ….. ………………………  (Signature of Principal)  (SURETY CORPORATION)  BY …………………….  (Its Attorney in Fact)  State of Idaho )  ) ss. County of …….. ) On ……………, …., before me, the undersigned, a notary public of this county and state, personally appeared ………………….. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ………………….. known (or satisfactorily proved) to me to be the attorney in fact of the corporation that executed the foregoing instrument and known to me to be the person who executed that instrument on behalf of the corporation therein named, and he acknowledged to me that that corporation executed the foregoing instrument.                History: [45-519, added 1993, ch. 378, sec. 4, p. 1388; am. 2002, ch. 32, sec. 18, p. 56.]
ID Code § 45-520 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-520 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — PETITION FOR RELEASE — SERVICE OF COPY OF PETITION.

45-520. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — PETITION FOR RELEASE — SERVICE OF COPY OF PETITION. (1) A petition for the release of a mechanic’s lien by posting a surety bond must be filed in the district court of the county wherein the property is located and shall set forth: (a) The title of the cause, thus: "In the matter of the petition of ……………………. (name of petitioner) for release of mechanic’s lien of ……………………. (name of mechanic’s lien claimant) upon posting surety bond." (b) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment. (c) An allegation incorporating by reference a true copy of the bond, which copy must be attached to the petition. (d) The name or names of the owner or reputed owners of the land subject to the lien. (e) A description of the real property subject to the lien, and the instrument number of the lien as given by the recorder’s office. (f) A prayer for an order releasing the lien. (2) The petitioner shall obtain an order from the district court setting forth the time and date of the hearing on the petition, which time and date must be at least five (5) days after the date of the order and not more than ten (10) days after the date of the order. (3) A copy of the petition and a copy of the order must be served on the lien claimant at least two (2) days before the date set for the hearing and served in the manner provided by law for service of summons.  History: [45-520, added 1993, ch. 378, sec. 5, p. 1389.]
ID Code § 45-521 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-521 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — HEARING ON PETITION — CONTENTS AND EFFECT OF ORDER RELEASING LIEN.

45-521. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — HEARING ON PETITION — CONTENTS AND EFFECT OF ORDER RELEASING LIEN. (1) Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, and introducing into evidence a receipt for payment of the premium. (2) The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by instrument number, and must recite that the lien is released of record for all purposes to the same extent as if released of record by the lienor. (3) Upon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, is released from the encumbrances of the lien. (4) There is no appeal from the entry of an order pursuant to the provisions of this section and upon entry the order is final for all purposes.  History: [45-521, added 1993, ch. 378, sec. 6, p. 1390.]
ID Code § 45-522 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-522 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — ACTION AGAINST DEBTOR AND SURETY — PREFERENTIAL SETTINGS.

45-522. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — ACTION AGAINST DEBTOR AND SURETY — PREFERENTIAL SETTINGS. (1) 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 include and the court may award to him in that action: (a) The amount found due to the lien claimant by the court; (b) The cost of preparing and filing the lien claim, including attorney’s fees, if any; (c) The costs of the proceedings; (d) Attorney’s fees for representation of the lien claimant in the proceedings; and (e) 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. (2) Proceedings under subsection (1) of this section are entitled to priority of hearing second only to criminal hearings. The plaintiff in the action may serve upon the adverse party a "demand for thirty (30) day setting" in the proper form, and file the demand with the clerk of the court. Upon filing, the clerk of the court shall, before Friday next, vacate a case or cases as necessary and set the lien claimant’s case for hearing, on a day or days certain, to be heard within thirty (30) days of the filing of the "demand for thirty (30) day setting." Only one (1) such preferential setting need be given by the court, unless the hearing date is vacated without stipulation of counsel for the plaintiff in writing. If the hearing date is vacated without that stipulation, upon service and filing of a "demand for thirty (30) day setting," a new preferential setting must be given.  History: [45-522, added 1993, ch. 378, sec. 7, p. 1390.]
ID Code § 45-523 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-523 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — MOTION TO ENFORCE LIABILITY OF SURETY.

45-523. 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.  History: [45-523, added 1993, ch. 378, sec. 8, p. 1391.]
ID Code § 45-524 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN|Section 45-524 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — EXCEPTION TO SUFFICIENCY OF SURETY.

45-524. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — EXCEPTION TO SUFFICIENCY OF SURETY. (1) The lien claimant may, within two (2) days after the service of a copy of the petition for release of the lien with a copy of the bond attached thereto pursuant to section 45-520, Idaho Code, file with the clerk of the court in the action a notice excepting to the sufficiency of the surety on the bond, and shall, at the same time and together with that notice, file an affidavit setting forth the grounds and basis of the exceptions to the surety, and shall serve a copy of the notice and a copy of the affidavit upon the attorney or the petitioner on the same date as the date of filing of the notice and affidavit. A hearing must be had upon the justification of the surety at the same time as that set for the hearing on the petition for an order to release the lien. (2) If the lien claimant fails to file and serve the notice and affidavit within two (2) days after the service of the petition for release of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.  History: [45-524, added 1993, ch. 378, sec. 9, p. 1391.]
ID Code § 45-601 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-601 - DEFINITIONS.

45-601. DEFINITIONS. Whenever used in this chapter: (1) "Claimant" means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. (2) "Department" means the department of labor. (3) "Director" means the director of the department of labor. (4) "Employee" means any person suffered or permitted to work by an employer. (5) "Employer" means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person. (6) "Wage claim" means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, penalties, or damages provided by law to employees with a claim for unpaid wages. (7) "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis.  History: [(45-601) I.C., sec. 45-609, as added by 1967, ch. 436, sec. 1, p. 1469; am. 1974, ch. 39, sec. 72, p. 1023; am. and redesignated 45-601, 1989, ch. 280, sec. 1, p. 678; am. 1996, ch. 421, sec. 34, p. 1429; am. 1999, ch. 51, sec. 2, p. 116.]
ID Code § 45-602 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-602 - WAGES OF EMPLOYEES PREFERRED.

45-602. WAGES OF EMPLOYEES PREFERRED. In all assignments of property made by any person to trustees or assignees, or in proceedings in insolvency, an employee’s wages for services rendered within sixty (60) days preceding such assignment, not exceeding five hundred dollars ($500), is a preferred claim, and must be paid by such trustees or assignees before any creditor or creditors of the assignor or insolvent debtor; provided, that whenever any such employee has filed a notice of lien against any property of the assignor, the employee may elect between the provisions of this section and the employee’s lien.  History: [(45-602) 1893, p. 49, ch. 4, sec. 1; reen. 1899, p. 147, ch. 4, sec. 1; reen. R.C. & C.L., sec. 5145; C.S., sec. 7376; I.C.A., sec. 44-601; am. and redesignated 45-602, 1989, ch. 280, sec. 2, p. 678; am. 1999, ch. 51, sec. 3, p. 116.]
ID Code § 45-603 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-603 - PREFERENCE OF WAGES — DEATH OF EMPLOYER.

45-603. PREFERENCE OF WAGES — DEATH OF EMPLOYER. In case of the death of any employer, the wages of each employee for services rendered within the sixty (60) days preceding the death of the employer, not exceeding five hundred dollars ($500), rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering the estate, and the allowance of the surviving spouse and minor children, and must be paid before any other claims against the estate of the deceased person.  History: [(45-603) 1893, p. 49, ch. 4, sec. 2; reen. 1899, p. 147, ch. 4, sec. 2; reen. R.C. & C.L., sec. 5146; C.S., sec. 7377; I.C.A., sec. 44-602; am. and redesignated 45-603, 1989, ch. 280, sec. 3, p. 678; am. 1999, ch. 51, sec. 4, p. 117.]
ID Code § 45-604 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-604 - PREFERENCE OF WAGES ON EXECUTION AND ATTACHMENT.

45-604. PREFERENCE OF WAGES ON EXECUTION AND ATTACHMENT. In cases of executions, attachments and writs of similar nature, issued against any person or his property, except for claims for labor done, any employee who has claims against the defendant for labor done upon the property levied on, may give notice of their claim and the amount thereof, sworn to by the person making the claim, to the creditor or the creditor’s agent or attorney and to the officer executing any of such writs, at any time before the actual sale of the property levied upon; and, unless such claim is disputed by the debtor or creditor, such officer must pay to such person out of the proceeds of the sale of any property on which such person has bestowed labor, the amount such person is entitled to receive for his services rendered within the sixty (60) days preceding the levy of the writ. If any or all other claims so presented and claiming preference under this section are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten (10) days for the recovery thereof, and must prosecute the action with due diligence or be forever barred from any claim of priority of payment thereof, and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim until the determination of such action, and in case judgment be had for the claim or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim.  History: [(45-604) 1893, p. 49, ch. 4, sec. 3; reen. 1899, p. 147, ch. 4, sec. 3; reen. R.C. & C.L., sec. 5147; C.S., sec. 7378; I.C.A., sec. 44-603; redesignated 45-604, 1989, ch. 280, sec. 4, p. 678; am. 1999, ch. 51, sec. 5, p. 117.]
ID Code § 45-605 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-605 - DEBTOR OR CREDITOR MAY DISPUTE CLAIM.

45-605. 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.  History: [(45-605) 1893, p. 49, ch. 4, sec. 4; reen. 1899, p. 147, ch. 4, sec. 4; reen. R.C. & C.L., sec. 5148; C.S., sec. 7379; I.C.A., sec. 44-604; redesignated 45-605, 1989, ch. 280, sec. 5, p. 679; am. 1999, ch. 51, sec. 6, p. 118.]
ID Code § 45-606 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-606 - PAYMENT OF WAGES UPON SEPARATION FROM EMPLOYMENT.

45-606. PAYMENT OF WAGES UPON SEPARATION FROM EMPLOYMENT. (1) Upon layoff, or upon termination of employment by either the employer or employee, the employer shall pay or make available at the usual place of payment all wages then due the employee by the earlier of the next regularly scheduled payday or within ten (10) days of such layoff or termination, weekends and holidays excluded. However, if the employee makes written request upon the employer for earlier payment of wages, all wages then due the employee shall be paid within forty-eight (48) hours of the receipt of such request, weekends and holidays excluded. (2) Unless exempt from the minimum wage requirements of chapter 15, title 44, Idaho Code, employees who are not being paid on an hourly or salary basis must be paid at least the applicable minimum wage for all hours worked in the pay period immediately preceding layoff or termination from employment. The minimum wage payment shall be made within the same time limitations provided for in subsection (1) of this section. Any additional wages owed to employees shall be paid by the next regularly schedule payday. (3) The director may, upon application showing good and sufficient reasons, grant an employer a temporary extension to any time limitation provided in this section.  History: [45-606, added 1989, ch. 280, sec. 7, p. 679; am. 1996, ch. 421, sec. 35, p. 1429; am. 1999, ch. 51, sec. 7, p. 118.]
ID Code § 45-607 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-607 - PENALTY FOR FAILURE TO PAY.

45-607. PENALTY FOR FAILURE TO PAY. Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee’s wages shall continue at the same rate as if services had been rendered in the manner as last employed until paid in full or for fifteen (15) days, whichever is less. However, in no event can the maximum penalty exceed seven hundred fifty dollars ($750), and if the full amount of the wages are paid prior to the filing of a lien pursuant to section 45-620, Idaho Code, the maximum penalty shall not exceed five hundred dollars ($500). Any employee who secretes or absents himself to avoid payment, or refuses to receive payment when made available as provided for in section 45-606, Idaho Code, shall not be entitled to any penalty under this chapter.  History: [(45-607) 1911, ch. 170, sec. 2, p. 565; reen. C.L., sec. 5148c; C.S., sec. 7382; I.C.A., sec. 44-607; am. 1989, ch. 280, sec. 8, p. 680; am. 1996, ch. 165, sec. 1, p. 547; am. 1999, ch. 51, sec. 8, p. 118.]
ID Code § 45-608 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-608 - PAY PERIODS — PENALTY.

45-608. PAY PERIODS — PENALTY. (1) Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing of such checks without charge to the employee. Nothing contained herein shall prohibit an employer from depositing wages due or to become due or an advance of wages to be earned in an account in a bank, savings and loan association or credit union of the employee’s choice, provided that the employee has voluntarily authorized such deposit. If the employee revokes such authorization for deposit, it shall be deemed terminated and the provisions herein relating to the payment of wages shall apply. (2) The end of the pay period for which payment is made on a regular payday shall be not more than fifteen (15) days before such regular payday; provided that if the regular payday falls on a nonworkday payment shall be made on a preceding workday. (3) The director may, upon application showing good and sufficient reasons, permit an employer to withhold payment of wages more than the fifteen (15) day period as specified in subsection (2) of this section. (4) The director may, pursuant to his authority, levy a civil penalty upon any employer who has failed to obtain the exemption provided in subsection (3) of this section and who has been determined to have undertaken a consistent pattern of untimely payment of wages to his employees. Such penalty shall not exceed five hundred dollars ($500) for such employer per pay period.  History: [(45-608) I.C., sec. 45-610, as added by 1967, ch. 436, sec. 2, p. 1469; am. 1974, ch. 39, sec. 73, p. 1023; am. 1985, ch. 132, sec. 1, p. 326; am. and redesignated 45-608, 1989, ch. 280, sec. 9, p. 680; am. 1999, ch. 51, sec. 9, p. 119.]
ID Code § 45-609 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-609 - WITHHOLDING OF WAGES.

45-609. WITHHOLDING OF WAGES. (1) No employer may withhold or divert any portion of an employee’s wages unless: (a) The employer is required or empowered to do so by state or federal law; or (b) The employer has a written authorization from the employee for deductions for a lawful purpose. (2) An employer shall furnish each employee with a statement of deductions made from the employee’s wages for each pay period such deductions are made. The willful failure of any employer to comply with the provisions of this subsection shall constitute a misdemeanor.  History: [(45-609) I.C., sec. 45-611, as added by 1967, ch. 436, sec. 3, p. 1469; am. and redesignated 45-609, 1989, ch. 280, sec. 10, p. 681; am. 1999, ch. 51, sec. 10, p. 119.]
ID Code § 45-610 (2021)
2021 Idaho Code|Title 45 - LIENS, MORTGAGES AND PLEDGES|Chapter 6 - CLAIMS FOR WAGES|Section 45-610 - RECORDS TO BE KEPT BY EMPLOYER — NOTICE TO EMPLOYEES.

45-610. RECORDS TO BE KEPT BY EMPLOYER — NOTICE TO EMPLOYEES. (1) Employment records must be maintained for a minimum period of three (3) years from the last date of the employee’s service. (2) Every employer shall give notice to its employees at the time of hiring of the rate of pay and the usual day of payment, and shall provide such information in writing to the employee upon the employee’s request. (3) Every employer shall give notice to its employees of any reduction in wages prior to the work being performed and shall provide such information in writing to the employee upon the employee’s request.  History: [45-610, added 1989, ch. 280, sec. 11, p. 681; am. 1999, ch. 51, sec. 11, p. 120.]