Judgment Liens on Property in Idaho

You went to court and got a judgment that says you're entitled to money from the party you sued, now called a "judgment debtor." What comes next? How can you—the judgment creditor—collect the money you're due? That's the focus of this article.

One way to collect is by putting judgment liens on the judgment debtor's Idaho property. After a quick review of how judgment liens differ from judgments, we'll turn our attention to the specifics of Idaho law. In particular, we cover:

• the kinds of property subject to Idaho judgment liens
• how you put judgment liens on Idaho property
• how long your judgment lien lasts, and
• the ways you can turn your judgment lien into money.

If you want some background information, here's more about how court judgments are collected.

What's the Difference Between a Judgment and a Judgment Lien?

A judgment is a court order that says a judgment creditor is legally entitled to a sum of money from a judgment debtor. But a judgment, standing alone, isn't self-enforcing. That is, you can't take a judgment to your county sheriff's office and demand that the judgment debtor's real estate be sold to pay you.

If you want to seize and sell the judgment debtor's property, you first have to attach your judgment to specific items of property. That's what a judgment lien does. As we discuss later, when you properly record a judgment with the county recorder, it becomes a lien against the judgment debtor's nonexempt real estate in that county. Once that's done, you can look for ways to turn your judgment into cold, hard cash.

Kinds of Property Subject to Idaho Judgment Liens

In Idaho, you can attach judgment liens only to real estate, meaning land, houses, buildings, and other improvements. A properly recorded judgment attaches a lien to real estate the judgment debtor:

• presently owns, and
• acquires later, as long as your judgment lien is still good

No Liens on Personal Property

You can't put judgment liens on Idaho personal property—cars, artwork, antiques, electronics, household furnishings, and the like. But that doesn't mean a judgment debtor always gets to keep their autos, boats, and other big ticket items. Even without judgment liens, there's a way to have the sheriff seize personal property.

If you're considering this step, speak to an Idaho collection lawyer first. They can tell you whether it's worth your time and expense to go after the judgment debtor's personal property—and there's a good chance it won't be. If it's likely to be worthwhile, they'll guide you through the process.

Property Exempt From Idaho Judgment Liens

Like all states, Idaho exempts some property—both real and personal—from the reach of creditors. Dollar amounts mentioned here represent the maximum value of the debtor's exempt equity in the property, which might not be the same as the property's market value.

Here are a few examples.

• Homestead exemption. Idaho protects up to $175,000 of equity in a primary residence, including a dwelling, manufactured home, or mobile home, along with up to 1 acre of urban land or 160 acres of rural land.
• Motor vehicle exemption. Idaho law exempts up to $10,000 of equity in one motor vehicle, excluding recreational vehicles.
• Household goods exemption. Household furnishings, goods, and appliances are exempt up to a total of $7,500 in value, but any single item can't be worth more than $1,000. Family heirlooms, books, and musical instruments also are exempt to a maximum of $7,500.
• Retirement accounts exemption. Idaho generally exempts amounts in tax-qualified pension and retirement accounts.
• Tools of the trade exemption. Implements, professional books, and business equipment used in the judgment debtor's business or occupation are exempt to an aggregate value of $10,000.

How to Attach Idaho Judgment Liens

An Idaho court judgment doesn't automatically become a lien on real estate. To attach a judgment lien, you'll need to follow these steps.

• Get a certified judgment abstract or transcript. First, you need a certified abstract or transcript of your judgment. Both an abstract and a transcript are types of summaries of the judgment itself. You get them from the clerk of the court that issued the judgment. Check the clerk's website for instructions about requesting certified documents. If there's nothing online, call the clerk's office. Get one certified abstract or transcript for each county where you want to record a judgment lien.
• Check for required information. Make sure the abstract or transcript includes: (1) the name of the court that issued the judgment, (2) the names of the parties or, if different, the case title, (3) the case number, (4) the names of all judgment debtors and creditors, (5) the date and time judgment was entered, and (6) the amount of the judgment.
• Record the abstract or transcript. Record an original, certified judgment abstract or transcript with the county recorder's office in each county where the judgment debtor owns real estate. Upon recording, a lien attaches to all the judgment debtor's non-exempt real estate, including after-acquired property.

An Idaho judgment lien expires 10 years from the date the underlying judgment was entered or last renewed. What happens if your judgment liens are nearing expiration but you haven't collected what you're owed? As we explain below, you'll need to renew the judgment, then re-record your judgment liens.

How Long Does an Idaho Judgment Last?

An Idaho judgment lasts for 11 years from the date it was entered. Once a judgment expires, it's legally dead. Nothing you do will bring it back to life. You can't take any additional steps to collect it. In short, you've lost the right to the money you were owed.

Renewing an Idaho Judgment

Before your Idaho judgment lien (or a renewal of the lien) expires, you can renew the underlying judgment. If you attached several liens in different counties, you must renew the judgment before the earliest-recorded lien expires.

To renew your judgment, follow these court-provided instructions. You'll want to download and use these forms:

• Form CAO Cv 9-1, Motion to Renew Judgment, and
• Form CAO Cv 9-2, Order Renewing Judgment.

The renewal process will take some time, depending on how busy the court is. Be sure to allow long enough—at least six months, but check with the court clerk to be sure—so that you can renew the judgment and re-record your liens. If you have questions or need help, contact a local Idaho collection lawyer.

Extending Your Idaho Judgment Liens

Renewing a judgment doesn't automatically extend your judgment liens. To do that, you must record a certified copy of the judgment renewal order with each county recorder's office, following the procedures described above. Contact each recorder's office first to find out about local recording practices.

How Do You Turn an Idaho Judgment Lien Into Money?

In general, there are three ways you can try to collect on an Idaho judgment lien:

• negotiate a settlement
• wait for the judgment debtor to sell or refinance the property, and
• execute on your lien.

Negotiate a Settlement

If you want payment sooner rather than later, this is likely your best choice. No, you won't get all the money you're entitled to, but that's the nature of a settlement. You'll collect faster—and more inexpensively—than via the other two options.

Wait for the Judgment Debtor to Sell or Refinance

Most often, a buyer or lender will insist on clear title, free of all judgment liens. To sell or refinance, the judgment debtor will have to approach you to make a deal. Only now, you've got more negotiating leverage. As long as you're willing to sit tight and wait, this too is a low-cost, low-stress way to collect.

Execute on Your Lien

Executing on your lien means having the sheriff sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).

Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.

Next Steps

We've covered Idaho judgment lien basics, but of course, the devil's in the details. Now that you're familiar with Idaho law, you might decide that your best option is to get help collecting your judgment. An experienced Idaho creditor's rights or collection attorney can answer your questions and help you chart a collection path that gives you the best chance to maximize your recovery.