Winning a judgment in Idaho is the first step in righting certain types of civil wrongs. Then again, winning does not settle things entirely. The matter of enforcement follows. When enforcement includes judgment collection, a creditor’s actions are governed by an established process and set of rules.
The rules are far too numerous and complicated to discuss in a post of this nature. However, as a specialized collection agency that provides judgment collection services in Idaho, we thought it might be helpful to discuss a few of the particulars we believe Idaho creditors should know. As you read, we hope you’ll keep Judgment Collectors in mind as a potential partner in helping you collect.
When Collection Can Actually Begin
A fairly common question among judgment creditors is when they can begin actual collection efforts. According to the state’s Court Self Help website, there are four possibilities:
- Following the Hearing – If creditor and debtor are both present for the hearing, collection can begin 30 days from the date of the judgment being entered.
- Default Judgment – If the creditor’s judgment is a default judgment, collection efforts can begin right away.
- Judgment Appeal – A creditor cannot attempt to collect if an appeal has been filed. Should the creditor win the appeal, collection efforts can begin right away.
- Judgment Set Aside – Finally, a creditor cannot begin collection efforts on a default judgment that has been set aside. Should the creditor win the case during the subsequent hearing, a 30-day waiting period is implemented before collection can begin.
If this seems complicated, perhaps you understand why so many Idaho creditors turn their judgments over to an agency like ours. Trying to make sense of it all can be a hassle.
Renewing Judgments in Idaho
Most states attach statutes of limitation to civil judgments. Idaho is no exception. A statute of limitations determines how much time a creditor has to enforce. The law was changed about a decade ago, so it is important that creditors know where they stand.
- Prior to July 1, 2015 – Judgments entered prior to this date have a 5-year statute of limitations. Creditors are eligible for subsequent renewals of 5-years each.
- All Other Judgments – All other judgments, which is to say those entered on July 1, 2015 or later, have a 10-year statute of limitations. Renewals are also granted 10 years at a time.
In both cases, a renewal application must be filed prior to the current expiration date. A judgment can be renewed after the fact as long as the renewal application is filed on time. As an example, a creditor may file the day before expiration but not get a court hearing until thirty days later. Because they filed prior to expiration, the judgment can still be renewed.
Different Kinds of Writs
One final thing to note is that there are legal options in Idaho if a debtor does not pay with a lump sum or agrees to a payment plan. However, they do require further court intervention through what are known as writs. The three most common writs in Idaho are:
- Writ of Possession – A court order allowing the creditor to recover any personal property involved in the suit.
- Writ of Garnishment – A court order allowing the creditor to garnish the debtor’s wages.
- Writ of Execution – A court order allowing nonexempt property to be seized and sold for payment.
If you are not comfortable attempting to collect an Idaho judgment on your own, we fully understand. That’s why Judgment Collectors is here. Give us a call and let us talk about our team collecting on your behalf.