reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-501 - RIGHT TO LIEN.

45-501. RIGHT TO LIEN. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, has a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter: provided, that the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner under the provisions of this chapter.
For purposes of this chapter the term "furnishing material" shall also include, notwithstanding any other provision of law to the contrary, supplying, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code.
"Furnishing material" shall also include renting, leasing or otherwise supplying any equipment, materials, fixtures or machinery to any mine or mining claim.
History:
[(45-501) 1893, p. 49, ch. 1, sec. 1; reen. 1899, p. 147, ch. 1, sec. 1; reen. R.C. & C.L., sec. 5110; C.S., sec. 7339; I.C.A., sec. 44-501; am. 1951, ch. 199, sec. 1, p. 422; am. 1971, ch. 91, sec. 1, p. 196; am. 1998, ch. 269, sec. 1, p. 898; am. 2001, ch. 152, sec. 1, p. 550.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-504 - LIEN FOR IMPROVING LOTS.

45-504. LIEN FOR IMPROVING LOTS. Any person who, at the request of the owner of any lot in any incorporated city or town, surveys, grades, fills in, or otherwise improves the same, or who rents, leases or otherwise supplies equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, to such person for the improvement of any lot, or the street in front of or adjoining the same, has a lien upon such lot for his work done or material furnished or equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, rented, leased or otherwise supplied.
History:
[(45-504) 1893, p. 49, ch. 1, sec. 3; reen. 1899, p. 147, ch. 1, sec. 3; reen. R.C. & C.L., sec. 5112; C.S., sec. 7343; I.C.A., sec. 44-504; am. 1971, ch. 91, sec. 2, p. 196; am. 2001, ch. 152, sec. 2, p. 551.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-505 - LAND SUBJECT TO LIEN.

45-505. LAND SUBJECT TO LIEN. The land upon which or in connection with which any professional services are performed or any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the furnishing of professional services or other work, the furnishing of the material, or the renting, leasing or otherwise supplying of equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, for the same, the land belonged to the person who caused said professional services to be performed or said building, improvement or structure to be constructed, altered or repaired, or such person was acting as the agent of the owner, but if such person owns less than a fee simple estate in such land, then only the interest of the person or persons causing the services or improvement therein is subject to such lien.
History:
[(45-505) 1893, p. 49, ch. 1, sec. 4; reen. 1899, p. 147, ch. 1, sec. 4; reen. R.C. & C.L., sec. 5113, C.S., sec. 7344; I.C.A., sec. 44-505; am. 1971, ch. 91, sec. 3, p. 196; am. 2001, ch. 152, sec. 3, p. 551.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-506 - LIENS PREFERRED CLAIMS.

45-506. LIENS PREFERRED CLAIMS. The liens provided for in this chapter shall be on equal footing with those liens within the same class of liens, without reference to the date of the filing of the lien claim or claims and are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished; also to any lien, mortgage, or other encumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished.
History:
[(45-506) 1893, p. 49, ch. 1, sec. 5; reen. 1899, p. 147, ch. 1, sec. 5; reen. R.C. & C.L., sec. 5114; C.S., sec. 7345; I.C.A., sec. 44-506; am. 1971, ch. 91, sec. 4, p. 196; am. 2001, ch. 152, sec. 4, p. 552.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-507 - CLAIM OF LIEN.

45-507. CLAIM OF LIEN. (1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.
(2) The claim shall be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials.
(3) The claim shall contain:
(a) A statement of his demand, after deducting all just credits and offsets;
(b) The name of the owner, or reputed owner, if known;
(c) The name of the person by whom he was employed or to whom he furnished the materials;
(d) A description of the property to be charged with the lien, sufficient for identification; and
(e) For work or materials subject to the provisions of section 45-525, Idaho Code, the required proof of disclosure and acknowledgment of receipt.
(4) Such claim must be verified by the oath of the claimant, his agent, or his attorney to the effect that the affiant believes the same to be just.
(5) A true and correct copy of the claim of lien shall be served on the owner or reputed owner of the property either by an officer authorized by law to serve process delivering a copy thereof to the owner or reputed owner personally or by mailing a copy thereof by certified mail to the owner or reputed owner at his last known address. Such delivery or mailing shall be made no later than five (5) business days following the filing of said claim of lien.
(6) For purposes of this chapter, owner or reputed owner does not include a trustee of a deed of trust as defined and required by chapter 15, title 45, Idaho Code.
(7) In any court proceeding regarding a lien filed pursuant to this section, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
History:
[(45-507) 1893, p. 49, ch. 1, sec. 6; am. 1895, p. 48, ch. 1, sec. 6; reen. 1899, p. 147, ch. 1, sec. 6; reen. R.C. & C.L., sec. 5115; C.S., sec. 7346; I.C.A., sec. 44-507; am. 1971, ch. 91, sec. 5, p. 196; am. 1983, ch. 127, sec. 1, p. 324; am. 1993, ch. 378, sec. 1, p. 1387; am. 2001, ch. 152, sec. 5, p. 552; am. 2002, ch. 307, sec. 1, p. 876; am. 2015, ch. 339, sec. 1, p. 1271; am. 2022, ch. 66, sec. 1, p. 202.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-508 - CLAIMS AGAINST TWO BUILDINGS.

45-508. CLAIMS AGAINST TWO BUILDINGS. In every case in which one (1) claim is filed against two (2) or more buildings, mines, mining claims, or other improvements, owned by the same person, the person filing such claim must, at the same time, designate the amount due him on each of said buildings, mines, mining claims, or other improvement; otherwise the lien of such claim is postponed to other liens. The lien of such claim does not extend beyond the amount designated as against other creditors having liens by judgment, mortgage, or otherwise, upon either of such buildings, or other improvements, or upon the land upon which the same are situated.
History:
[(45-508) 1893, p. 49, ch. 1, sec. 7; reen. 1899, p. 147, ch. 1, sec. 7; reen. C.L., sec. 5116; C.S., sec. 7347; I.C.A., sec. 44-508.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-509 - RECORD OF LIEN CLAIMS.

45-509. RECORD OF LIEN CLAIMS. The county recorder must record the claims mentioned in this chapter in a book kept by him for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds or other instruments.
History:
[(45-509) 1893, p. 49, ch. 1, sec. 8; reen. 1899, p. 147, ch. 1, sec. 8; reen. R.C. & C.L., sec. 5117; C.S., sec. 7348; I.C.A., sec. 44-509.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-510 - DURATION OF LIEN.

45-510. DURATION OF LIEN. (1) No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien; or unless a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date, is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension. The lien of a final judgment obtained on any lien provided for in this chapter shall cease ten (10) years from the date the judgment becomes final.
(2) Nothing in this chapter requires that a trustee of a deed of trust as defined and required by section 45-1502 et seq., Idaho Code, be included in a claim of lien or foreclosure or judgment under this chapter.
History:
[(45-510) 1893, p. 49, ch. 1, sec. 9; reen. 1899, p. 147, ch. 1, sec. 9; reen. R.C. & C.L., sec. 5118; C.S., sec. 7349; I.C.A., sec. 44-510; am. 1947, ch. 125, sec. 1, p. 292; am. 2015, ch. 278, sec. 5, p. 1138; am. 2015, ch. 339, sec. 2, p. 1272.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-511 - RECOVERY BY CONTRACTOR — DEDUCTION OF DEBTS TO SUBCONTRACTORS.

45-511. RECOVERY BY CONTRACTOR — DEDUCTION OF DEBTS TO SUBCONTRACTORS. The original or subcontractor shall be entitled to recover, upon the claim filed by him, only such amount as may be due to him according to the terms of his contract, and, if applicable, such other amounts as may be found due to the lien claimant by the court pursuant to section 45-522, Idaho Code, after deducting all claims of other parties for work done and materials furnished to him as aforesaid, of which claim of lien shall have been filed as required by this chapter, and in all cases where a claim shall be filed under this chapter for work done or materials furnished to any subcontractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the person indebted to the contractor may withhold from such contractor the amount of money for which claim is filed; and in case of judgment upon the lien, the person indebted in the contract shall be entitled to deduct from any amount due or to become due by him to such contractor, the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due from him to such contractor, if the person indebted in the contract shall have settled with such contractor in full, he shall be entitled to recover back from such contractor any amount so paid by him in excess of the contract price, and for which such contractor was originally the party liable.
History:
[(45-511) 1893, p. 49, ch. 1, sec. 10; reen. 1899, p. 147, ch. 1, sec. 10; reen. R.C. & C.L., sec. 5119; C.S., sec. 7350; I.C.A., sec. 44-511; am. 1993, ch. 378, sec. 2, p. 1387.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-512 - JUDGMENT TO DECLARE PRIORITY.

45-512. JUDGMENT TO DECLARE PRIORITY. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order:
1. All laborers, other than contractors or subcontractors.
2. All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than contractors or subcontractors.
3. Subcontractors.
4. The original contractor.
5. All professional engineers and licensed surveyors.
And in case the proceeds of sale under this chapter shall be insufficient to pay all lienholders under it:
1. The liens of all laborers, other than the original contractor and subcontractor, shall first be paid in full, or pro rata if the proceeds be insufficient to pay them in full.
2. The lien of materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than the original contractor or subcontractor, shall be paid in full, or pro rata if the proceeds be insufficient to pay them in full.
3. Out of the remainder, if any, the subcontractors shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid pro rata to the original contractor and the professional engineers and licensed surveyors; and each claimant shall be entitled to execution for any balance due him after such distribution; such execution to be issued by the clerk of the court upon demand, at the return of the sheriff or other officer making the sale, showing such balance due.
History:
[(45-512) 1893, p. 49, ch. 1, sec. 11; reen. 1899, p. 147, ch. 1, sec. 11; reen. R.C. & C.L., sec. 5120; C.S., sec. 7351; I.C.A., sec. 44-512; am. 1971, ch. 91, sec. 6, p. 196; am. 2001, ch. 152, sec. 6, p. 552.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-513 - JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.

45-513. JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES. Any number of persons claiming liens against the same property may join in the same action, and when separate actions are commenced the court may consolidate them. The court shall also allow as part of the costs the moneys paid for filing and recording the claim, and reasonable attorney’s fees.
History:
[(45-513) 1893, p. 49, ch. 1, sec. 12; reen. 1899, p. 147, ch. 1, sec. 12; reen. R.C. & C.L., sec. 5121; C.S., sec. 7352; I.C.A., sec. 44-513.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-514 - EXEMPTION OF MATERIALS FROM EXECUTION.

45-514. EXEMPTION OF MATERIALS FROM EXECUTION. Whenever materials shall have been furnished for use in the construction, alteration or repair of any buildings, or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as, in good faith, the same are being applied to the construction, alteration or repair of such building, mining claim or other improvement.
History:
[(45-514) 1893, p. 49, ch. 1, sec. 13; reen. 1899, p. 147, ch. 1, sec. 13; reen. R.C. & C.L., sec. 5122; C.S., sec. 7353; I.C.A., sec. 44-514.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-515 - ACTION TO RECOVER DEBT.

45-515. ACTION TO RECOVER DEBT. Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done, equipment, materials or fixtures rented or leased or materials furnished, to maintain a personal action to recover such debt against the person liable therefor.
History:
[(45-515) 1893, p. 49, ch. 1, sec. 14; reen. 1899, p. 147, ch. 1, sec. 14; reen. R.C. & C.L., sec. 5123; C.S., sec. 7354; I.C.A., sec. 44-515; am. 2001, ch. 152, sec. 7, p. 553.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-516 - RULES OF PRACTICE AND APPEALS.

45-516. RULES OF PRACTICE AND APPEALS. Except as otherwise provided in this chapter, the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in, the proceedings mentioned in this chapter: provided, that the district courts shall have jurisdiction of all actions brought under this chapter.
History:
[(45-516) 1893, p. 49, ch. 1, sec. 15; reen. 1899, p. 147, ch. 1, sec. 15; reen. R.C. & C.L., sec. 5124; C.S., sec. 7355; I.C.A., sec. 44-516.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-517 - LIEN FOR WORKER’S COMPENSATION SECURITY.

45-517. LIEN FOR WORKER’S COMPENSATION SECURITY. The term "labor" as used in this title shall include the cost of worker’s compensation and occupational disease compensation security required by the provisions of sections 72-301 through 72-304, Idaho Code, and amendments thereto, payment for which security has not been made.
History:
[45-517, added 1951, ch. 234, sec. 1, p. 471; am. 2015, ch. 244, sec. 26, p. 1022.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN › Section 45-518 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — MANNER.

45-518. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — MANNER. A mechanic’s lien of record upon real property may be released upon the posting of a surety bond in the manner provided in sections 45-519 through 45-524, Idaho Code.
History:
[45-518, added 1993, ch. 378, sec. 3, p. 1388.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-611 - WAGES THAT ARE IN DISPUTE.

45-611. WAGES THAT ARE IN DISPUTE. (1) In case of a dispute as to the amount of wages due an employee, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed. Whenever an employer pays all wages not in dispute within the time limits set forth in section 45-606, Idaho Code, no penalties may be assessed under this chapter, unless it can be shown that the remaining balance of wages due were withheld willfully, arbitrarily and without just cause.
(2) The acceptance by an employee of a check with any restrictive endorsement as payment under this section shall not constitute a release or accord and satisfaction with respect to the disputed amount.
History:
[45-611, added 1989, ch. 280, sec. 12, p. 681; am. 1999, ch. 51, sec. 12, p. 120.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-612 - FILING FALSE CLAIM — PENALTY.

45-612. FILING FALSE CLAIM — PENALTY. (1) Any person making a false claim for wages or other compensation under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punishable by confinement in the county jail for a period not to exceed six (6) months, or by a fine, not to exceed one thousand dollars ($1,000), or both.
(2) Any employee initiating a civil proceeding to collect unpaid wages or other compensation, which is based in whole or in part on a false claim which the employee knew to be false at the time the employee brought the action, shall be liable for attorney’s fees and costs incurred by the employer in defending against the false claim. Proof of a criminal conviction under subsection (1) of this section shall not be required for recovery of the fees and costs provided for in this subsection.
History:
[45-612, added 1996, ch. 89, sec. 1, p. 270; am. 1999, ch. 51, sec. 13, p. 120.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-613 - DISCHARGING OR RETALIATING AGAINST EMPLOYEES ASSERTING RIGHTS UNDER THIS CHAPTER.

45-613. DISCHARGING OR RETALIATING AGAINST EMPLOYEES ASSERTING RIGHTS UNDER THIS CHAPTER. No employer shall discharge or in any other manner retaliate against any employee because that employee has made a complaint to the employer, or to the department, or filed suit alleging that the employee has not been paid in accordance with the provisions of this chapter, or because the employee has testified or may be about to testify in an investigation or hearing undertaken by the department. The provisions of this section shall not be construed to otherwise restrict the discipline or termination of an employee.
History:
[45-613, added 1989, ch. 280, sec. 14, p. 682; am. 1996, ch. 421, sec. 36, p. 1429; am. 1999, ch. 51, sec. 14, p. 121.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-614 - COLLECTION OF WAGES — LIMITATIONS.

45-614. COLLECTION OF WAGES — LIMITATIONS. Any person shall have the right to collect wages, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be filed either with the department or commenced in a court of competent jurisdiction within two (2) years after the cause of action accrued, provided, however, that in the event salary or wages have been paid to any employee and such employee claims additional salary, wages, penalties or liquidated damages, because of work done or services performed during his employment for the pay period covered by said payment, any action therefor shall be commenced within twelve (12) months from the accrual of the cause of action. It is further provided that if any such cause of action has accrued prior to the effective date of this act, and is not barred by existing law, action thereon may be commenced within six (6) months from the effective date of this act. In the event an action is not commenced as herein provided, any remedy on the cause of action shall be forever barred.
History:
[(45-614) I.C.A., sec. 44-608, added 1947, ch. 36, sec. 1, p. 36; am. and redesig. 45-614, 1989, ch. 280, sec. 15, p. 682; am. 1999, ch. 51, sec. 15, p. 121; am. 2019, ch. 93, sec. 1, p. 338.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-615 - COLLECTION OF WAGE CLAIMS BY SUIT — ATTORNEY’S FEES AND COSTS.

45-615. COLLECTION OF WAGE CLAIMS BY SUIT — ATTORNEY’S FEES AND COSTS. (1) As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law.
(2) Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney’s fees reasonably incurred in connection with the proceedings and the plaintiff shall be entitled to recover from the defendant either the unpaid wages plus the penalties provided for in section 45-607, Idaho Code; or damages in the amount of three (3) times the unpaid wages found due and owing, whichever is greater.
History:
[45-615, added 1999, ch. 51, sec. 17, p. 122.]