reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1501 - DEFINITIONS.

10-1501. DEFINITIONS. As used in this chapter:
(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on which money, in accordance with this chapter, is:
(i) Paid to a claimant in an action or distribution proceeding;
(ii) Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(iii) Used to recoup, set-off or counterclaim in different moneys in an action or distribution proceeding.
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one (1) or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund.
(5) "Foreign money" means money other than money of the United States of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by inter-governmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant to section SECTsp1/>10-1504.htm">10-1504, Idaho Code.
(9) "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one (1) country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two (2) days.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
History:
[10-1501, added 2001, ch. 329, sec. 1, p. 1155.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1502 - SCOPE.

10-1502. SCOPE. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding.
(b) This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
History:
[10-1502, added 2001, ch. 329, sec. 1, p. 1156.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1503 - VARIATION BY AGREEMENT.

10-1503. VARIATION BY AGREEMENT. (a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one (1) aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
History:
[10-1503, added 2001, ch. 329, sec. 1, p. 1156.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1504 - DETERMINING MONEY OF THE CLAIM.

10-1504. DETERMINING MONEY OF THE CLAIM. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) Regularly used between the parties as a matter of usage or course of dealing;
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by the party claimant.
History:
[10-1504, added 2001, ch. 329, sec. 1, p. 1156.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1505 - DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT CLAIMS.

10-1505. DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT CLAIMS. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty (30) days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
History:
[10-1505, added 2001, ch. 329, sec. 1, p. 1157.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1506 - ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM.

10-1506. ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
History:
[10-1506, added 2001, ch. 329, sec. 1, p. 1157.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1507 - JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS — TIMES OF MONEY CONVERSION — FORM OF JUDGMENT

10-1507. JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS — TIMES OF MONEY CONVERSION — FORM OF JUDGMENT . (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e) A judgment or award made in an action or distribution proceeding on both (i) a defense, set-off, recoupment or counterclaim and (ii) the adverse party’s claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a) of this section:
IT IS ADJUDGED AND ORDERED, that Defendant ……. (insert name) ……. pay to Plaintiff ……. (insert name)……. the sum of ……. (insert amount in the foreign money) ……. plus interest on that sum at the rate of ……. (insert rate – see section SECTsp1/>10-1509.htm">10-1509, Idaho Code) ……. percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the ……. (insert name of foreign money) ……. with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of ……. (insert amount) ……. United States dollars.
(g) If a contract claim is of the type covered by section SECTsp1/>10-1505.htm">10-1505(a) or (b), Idaho Code, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h) A judgment must be filed with the district court, and recorded with the county recorder, in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
History:
[10-1507, added 2001, ch. 329, sec. 1, p. 1157.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1508 - CONVERSIONS OF FOREIGN MONEY IN DISTRIBUTION PROCEEDING.

10-1508. CONVERSIONS OF FOREIGN MONEY IN DISTRIBUTION PROCEEDING. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
History:
[10-1508, added 2001, ch. 329, sec. 1, p. 1158.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1509 - PREJUDGMENT AND JUDGMENT INTEREST.

10-1509. PREJUDGMENT AND JUDGMENT INTEREST. (a) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(b) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
History:
[10-1509, added 2001, ch. 329, sec. 1, p. 1158.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1510 - ENFORCEMENT OF FOREIGN JUDGMENTS.

10-1510. ENFORCEMENT OF FOREIGN JUDGMENTS. (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 10-1507, Idaho Code, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(d) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
History:
[10-1510, added 2001, ch. 329, sec. 1, p. 1158.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1511 - DETERMINING UNITED STATES DOLLAR VALUE OF FOREIGN-MONEY CLAIMS FOR LIMITED PURPOSES.

10-1511. DETERMINING UNITED STATES DOLLAR VALUE OF FOREIGN-MONEY CLAIMS FOR LIMITED PURPOSES. (a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court required undertaking, must be ascertained as provided in subsections (c) and (d) of this section.
(c) A party seeking process, costs, bond or other undertaking under subsection (b) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court required undertaking.
(d) A party seeking the process, costs, bond or other undertaking under subsection (b) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
History:
[10-1511, added 2001, ch. 329, sec. 1, p. 1159.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1512 - EFFECT OF CURRENT REVALORIZATION.

10-1512. EFFECT OF CURRENT REVALORIZATION. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(b) If substitution under subsection (a) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
History:
[10-1512, added 2001, ch. 329, sec. 1, p. 1159.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1513 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW.

10-1513. SUPPLEMENTARY GENERAL PRINCIPLES OF LAW. Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
History:
[10-1513, added 2001, ch. 329, sec. 1, p. 1159.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1514 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

10-1514. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History:
[10-1514, added 2001, ch. 329, sec. 1, p. 1160.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1515 - SHORT TITLE.

10-1515. SHORT TITLE. This chapter may be cited as the "Uniform Foreign-Money Claims Act."
History:
[10-1515, added 2001, ch. 329, sec. 1, p. 1160.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1516 - SEVERABILITY.

10-1516. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[10-1516, added 2001, ch. 329, sec. 1, p. 1160.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT › Section 10-1517 - TRANSITIONAL PROVISION.

10-1517. TRANSITIONAL PROVISION. This chapter applies to actions and distribution proceedings commenced after its effective date.
History:
[10-1517, added 2001, ch. 329, sec. 1, p. 1160.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-101 - TIME WITHIN WHICH EXECUTION MAY ISSUE — STAY PENDING DISPOSITION OF MOTIONS.

11-101. TIME WITHIN WHICH EXECUTION MAY ISSUE — STAY PENDING DISPOSITION OF MOTIONS. Except as provided in section 5-245, Idaho Code, for execution on judgments for support of a child and for execution on judgments for restitution to victims of crime, the party in whose favor judgment is given may, at any time within ten (10) years after the entry or order of renewal thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court. The party in whose favor a judgment for restitution to a victim of crime has been entered pursuant to section 19-5305, Idaho Code, may, at any time within twenty (20) years after the entry thereof, have a writ of execution issued for its enforcement, subject to the right of the court to stay execution as provided by the rules adopted by the supreme court.
History:
[(11-101) C.C.P. 1881, sec. 430; R.S., R.C., & C.L., sec. 4470; C.S., sec. 6910; I.C.A., sec. 8-101; am. 1941, ch. 24, sec. 1, p. 48; am. 1995, ch. 264, sec. 4, p. 847; am. 2010, ch. 34, sec. 1, p. 65; am. 2015, ch. 139, sec. 2, p. 343; am. 2015, ch. 278, sec. 1, p. 1137; am. 2019, ch. 175, sec. 1, p. 567.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-103 - TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK — CONTINUOUS EXECUTION OR GARNISHMENT FOR CHILD SUPPORT.

11-103. TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK — CONTINUOUS EXECUTION OR GARNISHMENT FOR CHILD SUPPORT. (a) Except as provided in subsection (b) of this section, the execution may be made returnable at any time not less than ten (10) nor more than sixty (60) days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed. When the execution is returned, the clerk must attach it to the judgment roll. If any real estate be levied upon, the clerk must record the execution and the return thereto at large, and certify the same under his hand as true copies in a book to be called the "execution book," which book must be indexed with the names of the plaintiffs and defendants in execution alphabetically arranged, and kept open at all times during office hours for the inspection of the public without charge. It is evidence of the contents of the originals whenever they, or any part thereof, may be destroyed, mutilated or lost.
(b) Where an execution or garnishment against earnings or unemployment benefits for a delinquent child support obligation is served upon any person or upon the state of Idaho and there is in possession of such person or the state of Idaho any such earnings or any unemployment benefits of the judgment debtor, the execution and the garnishment shall operate continuously and shall require such person or the state of Idaho to withhold the nonexempt portion of earnings or unemployment benefits at each succeeding earnings or unemployment benefits disbursement interval until released by the sheriff at the written request of the judgment creditor or until the judgment for child support debt, in the dollar amount specifically set forth on the writ of execution and subject to garnishment as of the date the writ of execution is issued, is discharged or satisfied in full; provided, however, that interim returns on such continuous execution or garnishment shall be filed by the sheriff at intervals not to exceed fourteen (14) days, whenever the amount collected in the fourteen (14) day period is at least equal to fifty dollars ($50.00), but in any event, interim returns on such continuous garnishment shall be filed by the sheriff at intervals not to exceed thirty (30) days. The proportion of earnings subject to garnishment as compared to total available earnings or unemployment benefits shall be limited to the percentage restrictions on garnishment of wages for child support as provided in section 11-207, Idaho Code.
History:
[(11-103) C.C.P. 1881, sec. 432; R.S., R.C., & C.L., sec. 4472; C.S., sec. 6912; I.C.A., sec. 8-103; am. 1982, ch. 170, sec. 1, p. 449; am. 1986, ch. 221, sec. 12, p. 592.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-104 - ENFORCEMENT OF JUDGMENT BY EXECUTION.

11-104. ENFORCEMENT OF JUDGMENT BY EXECUTION. When the judgment is for money, or the possession of real or personal property, the same may be enforced by a writ of execution; and if the judgment direct that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or part; when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith; when the judgment requires the performance of any other act than as above designated a certified copy of the judgment may be served upon the party against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court.
History:
[(11-104) C.C.P. 1881, sec. 433; R.S., R.C., & C.L., sec. 4473; C.S., sec. 6913; I.C.A., sec. 8-104.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-105 - EXECUTION AFTER TEN YEARS.

11-105. EXECUTION AFTER TEN YEARS. In all cases other than for the recovery of money the judgment may be enforced or carried into execution after the lapse of ten (10) years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings.
History:
[(11-105) C.C.P. 1881, sec. 434; R.S., R.C., & C.L., sec. 4474; C.S., sec. 6914; I.C.A., sec. 8-105; am. 2015, ch. 278, sec. 2, p. 1137.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-106 - EXECUTION AFTER DEATH.

11-106. EXECUTION AFTER DEATH. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows:
1. In the case of the death of the judgment creditor, upon the application of his executor or administrator or successor in interest.
2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon.
History:
[(11-106) C.C.P. 1881, sec. 435; R.S., R.C., & C.L., sec. 4475; C.S., sec. 6915; I.C.A., sec. 8-106.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-107 - EXECUTIONS DIRECTED TO SHERIFF — EXECUTIONS IN DIFFERENT COUNTIES AT THE SAME TIME.

11-107. EXECUTIONS DIRECTED TO SHERIFF — EXECUTIONS IN DIFFERENT COUNTIES AT THE SAME TIME. Where the execution is against the property of the judgment debtor it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property it must be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties.
History:
[(11-107) C.C.P. 1881, sec. 436; R.S., R.C., & C.L., sec. 4476; C.S., sec. 6916; I.C.A., sec. 8-107.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 1 - EXECUTIONS › Section 11-108 - EXECUTION OF CIVIL JUDGMENTS AGAINST PRISONERS.

11-108. EXECUTION OF CIVIL JUDGMENTS AGAINST PRISONERS. (1) For purposes of this section, the county sheriffs and the department of correction are exempt from the requirements of title 8 and title 11, Idaho Code. However, nothing in this section shall prevent the county, county sheriffs or department of correction from pursuing formal execution of judgments through writs of execution under title 11, Idaho Code, or writs of attachment and possession under title 8, Idaho Code.
(2) Whenever a judgment is entered against a prisoner pursuant to section 12-120, 12-121 or 12-122, Idaho Code, the county, county sheriff or department of correction may collect the amount of the judgment from the prisoner by direct levy against the prisoner’s inmate account and/or personal property in his possession at the county jail or state prison. In pursuit of such collection efforts, the following applies:
(a) The county, county sheriff or department of correction may continue to levy against the prisoner’s inmate account and personal property as it becomes available until the amount of the judgment is fully satisfied;
(b) Funds collected from an inmate account shall be credited in full towards satisfaction of the judgment;
(c) A prisoner’s personal property may be sold to the jail or prison commissary as used goods, with the value to be determined by the county sheriff or the department of correction, respectively.
(3) For purposes of this section, prisoners shall not be entitled to claim exempt property under sections 11-201 through 11-207, Idaho Code, or 11-601 through 11-608, Idaho Code, with respect to funds in their inmate accounts and personal property in their possession at a county jail or a state prison.
History:
[11-108, added 1996, ch. 420, sec. 1, p. 1399.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 2 - PROPERTY SUBJECT TO EXECUTION — EXEMPTIONS › Section 11-201 - PROPERTY LIABLE TO SEIZURE.

11-201. PROPERTY LIABLE TO SEIZURE. All goods, chattels, moneys and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law or by court order, and all property and rights of property, seized and held under attachment in the action, are liable to execution. Shares and interest in any corporation or company, and debts and credits, and all other property both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be attached on execution in like manner as upon writs of attachment. Gold dust must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.
History:
[(11-201) C.C.P. 1881, sec. 437; R.S., R.C., & C.L., sec. 4477; C.S., sec. 6917; I.C.A., sec. 8-201; am. 2017, ch. 303, sec. 4, p. 800.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 2 - PROPERTY SUBJECT TO EXECUTION — EXEMPTIONS › Section 11-204 - EXEMPTION IN FAVOR OF MARRIED PERSON.

11-204. EXEMPTION IN FAVOR OF MARRIED PERSON. All real and personal property of any married person at the time of his or her marriage, or which he or she subsequently acquires as separate property, and all noncommunity rents, issues and profits thereof, are exempt from execution for any separate debts incurred by his or her spouse.
History:
[11-204, added 2011, ch. 86, sec. 2, p. 182.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 2 - PROPERTY SUBJECT TO EXECUTION — EXEMPTIONS › Section 11-206 - DEFINITIONS.

11-206. DEFINITIONS. For the purpose of section 11-207, Idaho Code, the term:
1. "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
2. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
3. "Garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.
History:
[I.C., sec. 11-206, as added by 1970, ch. 11, sec. 2, p. 18.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 2 - PROPERTY SUBJECT TO EXECUTION — EXEMPTIONS › Section 11-207 - RESTRICTION ON GARNISHMENT — MAXIMUM.

11-207. RESTRICTION ON GARNISHMENT — MAXIMUM. (1) Except as provided in subsection (2) of this section, the maximum amount of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment shall not exceed (a) twenty-five per cent (25%) of his disposable earnings for that week, or (b) the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Idaho commissioner of labor shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in (b) of this subsection.
(2) (a) The restrictions of subsection (1) of this section shall not apply in the case of any order of any court for the support of any person, any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act, or any debt due for any state or federal tax.
(b) The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person shall not exceed:
1. Where such individual is supporting his spouse or dependent child, other than a spouse or child with respect to whose support such order is used, fifty per cent (50%) of such individual’s disposable earnings for that week; and
2. Where such individual is not supporting such a spouse or dependent child described in paragraph 1., sixty per cent (60%) of such individual’s disposable earnings for that week;
except that with respect to the disposable earnings of any individual for any work week, the fifty per cent (50%) specified in paragraph 1. shall be deemed to be fifty-five per cent (55%) and the sixty per cent (60%) specified in paragraph 2. shall be deemed to be sixty-five per cent (65%), if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve (12) week period which ends with the beginning of such work week.
History:
[I.C., sec. 11-207, as added by 1970, ch. 11, sec. 3, p. 18; am. 1982, ch. 170, sec. 2, p. 450.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-301 - EXECUTION OF WRIT.

11-301. EXECUTION OF WRIT. The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the sheriff, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs.
The provisions of sections 11-703, 11-706, 11-707, 11-709 and 11-710, Idaho Code, shall apply to a levy upon personal property.
History:
[(11-301) C.C.P. 1881, sec. 441; R.S., R.C., & C.L., sec. 4481; C.S., sec. 6921; I.C.A., sec. 8-301; am. 1991, ch. 165, sec. 12, p. 405; am. 2017, ch. 303, sec. 7, p. 802.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-302 - SALE OF PROPERTY — NOTICE.

11-302. SALE OF PROPERTY — NOTICE. Before the sale of the property on execution, notice thereof must be given as follows:
1. In case of perishable property, by posting a written notice of the time and place of sale in three (3) public places of the precinct or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.
2. In case of other personal property, by posting a similar notice in three (3) public places in the precinct or city where the sale is to take place for not less than five (5) nor more than ten (10) days before the time set for the sale, or by publishing a copy thereof at least one (1) week, and not more than two (2) weeks, in a newspaper published in the county, if there be one.
3. In case of real property, by posting a similar notice particularly describing the property, for twenty (20) days, in three (3) public places in the precinct or city where the property is situated, and also where the property is to be sold, and by publishing a copy thereof once a week for the same period before the time set for the sale, in a newspaper published in the county, if there be one. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several notices required by this section must state the kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment.
History:
[(11-302) C.C.P. 1881, sec. 442; R.S., sec. 4482; am. 1895, p. 40, sec. 1; reen. 1899, p. 243, sec. 1; am. 1901, p. 156, sec. 1; am. 1907, p. 30, sec. 1; reen. R.C. & C.L., sec. 4482; C.S., sec. 6922; I.C.A., sec. 8-302.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-303 - SALE WITHOUT NOTICE — PENALTY.

11-303. SALE WITHOUT NOTICE — PENALTY. An officer selling without the notice prescribed by the last section forfeits $500 to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be satisfied before sale) forfeits $500.
History:
[(11-303) C.C.P. 1881, sec. 443; R.S., R.C., & C.L., sec. 4483; C.S., sec. 6923; I.C.A., sec. 8-303.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-304 - CONDUCT OF SALE.

11-304. CONDUCT OF SALE. All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase, at such sale. When the sale is of personal property, capable of manual delivery, it must be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately, or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions.
History:
[(11-304) C.C.P. 1881, sec. 444; R.S., R.C., & C.L., sec. 4484; C.S., sec. 6924; I.C.A., sec. 8-304; am. 2018, ch. 121, sec. 1, p. 258.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-305 - REFUSAL TO PAY PURCHASE-MONEY — RESALE.

11-305. REFUSAL TO PAY PURCHASE-MONEY — RESALE. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with costs, from the bidder so refusing, in any court of competent jurisdiction.
History:
[(11-305) C.C.P. 1881, sec. 445; R.S., R.C., & C.L., sec. 4485; C.S., sec. 6925; I.C.A., sec. 8-305.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-306 - REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS.

11-306. REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS. When a purchaser refuses to pay the officer may, in his discretion, thereafter reject any subsequent bid of such person.
History:
[(11-306) C.C.P. 1881, sec. 446; R.S., R.C., & C.L., sec. 4486; C.S., sec. 6926; I.C.A., sec. 8-306.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-307 - LIMITATION OF OFFICER’S LIABILITY.

11-307. LIMITATION OF OFFICER’S LIABILITY. The two (2) preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay.
History:
[(11-307) C.C.P. 1881, sec. 447; R.S., R.C., & C.L., sec. 4487; C.S., sec. 6927; I.C.A., sec. 8-307.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-308 - DELIVERY OF PROPERTY TO PURCHASER — CERTIFICATE OF SALE.

11-308. DELIVERY OF PROPERTY TO PURCHASER — CERTIFICATE OF SALE. When the purchaser of any personal property capable of manual delivery pays the purchase-money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of the sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.
History:
[(11-308) C.C.P. 1881, sec. 448; R.S., R.C., & C.L., sec. 4488; C.S., sec. 6928; I.C.A., sec. 8-308.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-309 - CERTIFICATE OF SALE — TITLE CONVEYED.

11-309. CERTIFICATE OF SALE — TITLE CONVEYED. When the purchaser of any personal property not capable of manual delivery pays the purchase-money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.
History:
[(11-309) C.C.P. 1881, sec. 449; R.S., R.C., & C.L., sec. 4489; C.S., sec. 6929; I.C.A., sec. 8-309.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-310 - TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE.

11-310. TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE. Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest and claim of the judgment debtor thereto; and all his right, title, interest and claim thereto at any time during any subsisting lien thereon by attachment in the action, or by the docketing of the judgment. When the estate is less than a leasehold of two (2) years’ unexpired term, the sale is absolute. In all other cases the property is subject to redemption, as provided in the next chapter. The officer must give to the purchaser a certificate of sale containing:
1. A particular description of the real property sold.
2. The price bid for each distinct lot or parcel.
3. The whole price paid.
4. When subject to redemption, it must be so stated. And when the judgment, under which the sale has been made, is made payable in a specified kind of money or currency, the certificate must also show the kind of money or currency in which such redemption may be made, which must be the same as that specified in the judgment. A duplicate of such certificate must be filed for record by the officer in the office of the recorder of the county.
History:
[(11-310) C.C.P. 1881, sec. 450; R.S., R.C., & C.L., sec. 4490; C.S., sec. 6930; I.C.A., sec. 8-310.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-311 - EXECUTION OF DEED BY SUCCESSOR IN OFFICE.

11-311. EXECUTION OF DEED BY SUCCESSOR IN OFFICE. When the sheriff who has sold any real estate shall die, resign, be removed from office, or his term of office expire, before executing any good and sufficient deed for such real estate, such deed may be executed by the successor in office of such sheriff with the same effect to all intents and purposes as if made by the sheriff making the sale.
History:
[(11-311) 1895, p. 20, sec. 1; reen. 1899, p. 235, sec. 1; reen. R.C. & C.L., sec. 4490a; C.S., sec. 6931; I.C.A., sec. 8-311.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-312 - FAILURE OF TITLE — REVIVAL OF JUDGMENT.

11-312. FAILURE OF TITLE — REVIVAL OF JUDGMENT. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at sheriff’s sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof, must, after notice and on motion of such party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an original judgment of the date of the revival, and no more.
History:
[(11-312) C.C.P. 1881, sec. 458; R.S., R.C., & C.L., sec. 4498; C.S., sec. 6939; I.C.A., sec. 8-312.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 3 - LEVY AND SALE UNDER EXECUTION › Section 11-313 - CONTRIBUTION BETWEEN JOINT DEBTORS.

11-313. CONTRIBUTION BETWEEN JOINT DEBTORS. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such case the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment, if, within ten (10) days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice the clerk must make an entry thereof in the margin of the docket.
History:
[(11-313) C.C.P. 1881, sec. 459; R.S., R.C., & C.L., sec. 4499; C.S., sec. 6940; I.C.A., sec. 8-313.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 4 - REDEMPTIONS › Section 11-401 - REDEMPTION — PERSONS ENTITLED TO MAKE.

11-401. REDEMPTION — PERSONS ENTITLED TO MAKE. Property sold subject to redemption, as provided in section 11-310, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:
1. The judgment debtor, or his successor in interest, in the whole or any part of the property.
2. A creditor having a lien by judgment or mortgage on the property sold, or some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subdivision of this section are, in this chapter, termed redemptioners.
History:
[(11-401) C.C.P. 1881, sec. 451; R.S., R.C., & C.L., sec. 4491; C.S., sec. 6932; I.C.A., sec. 8-401.]