Idaho Foreign Judgment Enrollment
STATUTES OF THE STATE OF IDAHO
TITLE 10 ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS
CHAPTER 13 FOREIGN JUDGMENTS
"FOREIGN JUDGMENT" DEFINED.
In this act "foreign judgment" means any judgment, decree, or order
of a court of the United States or of any other court or an order of an
administrative body of any state regarding the support of a child, spouse,
or former spouse or the establishment of paternity which is entitled to
full faith and credit in this state. Title 10, Chap. 13, §10-1301.
FILING OF FOREIGN JUDGMENT WITH CLERK OF DISTRICT COURT -- EFFECT
OF FILING.
A copy of any foreign judgment certified in accordance with the
act of congress or the statutes of this state may be filed in the office
of the clerk of any district court of any county of this state. The clerk
shall treat the foreign judgment in the same manner as a judgment of the
district court of this state. A judgment so filed has the same effectand
is subject to the same procedures, defenses and proceedings for reopening,
vacating, or staying as a judgment of a district court of this state and
may be enforced or satisfied in like manner, with the following exceptions:
(1) The terms of a judgment providing for the custody
of a minor child may not be modified, vacated, reopened nor stayed unless
the court has assumed jurisdiction of the case under the uniform child
custody jurisdiction act, chapter 11, title 32, Idaho Code.
(2) The terms of a judgment providing for the support of a
minor child may not be modified, vacated, reopened nor stayed unless the
court has personal jurisdiction over all the parties; and the registration
of a judgment providing for the support of a minor child for the purposes
of enforcing that judgment shall not constitute submitting to the personal
jurisdiction of the court. Title 10, Chap. 13, §10-1302.
AFFIDAVIT CONTAINING NAME AND ADDRESS OF JUDGMENT DEBTOR AND CREDITOR
-- NOTICE OF FILING -- WHEN PROCESS FOR ENFORCEMENT MAY ISSUE.
(a) At the time of the filing of the foreign judgment, the judgment
creditor or his lawyer shall make and file with the clerk of court an affidavit
setting forth the name and last known post-office address of the judgment
debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the
affidavit, the clerk shall mail notice of the filing of the foreign judgment
to the judgment debtor at the address given and shall make a note of the
mailing in the docket. The notice shall include the name and post office
address of the judgment creditor and the judgment creditor's lawyer if
any in this state. In addition, the judgment creditor may mail a notice
of the filing of the judgment to the judgment debtor and may file proof
of mailing with the clerk. Lack of notice of filing by the clerk shall
not affect the enforcement proceedings if proof of mailing by the judgment
creditor has been filed.
(c) No execution or other process for enforcement of a foreign
judgment filed hereunder shall issue until five (5) days after the date
the judgment is filed. Title 10, Chap. 13. §10-1303.
STAY OF EXECUTION.
(a) If the judgment debtor shows the district court that an appeal
from the foreign judgment is pending or will be taken, or that a stay of
execution has been granted, the court shall stay enforcement of the foreign
judgment until the appeal is concluded, the time for appeal expires, or
until the stay of execution expires or is vacated, upon proof that the
judgment debtor has furnished the security for the satisfaction of the
judgment required by the law of the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground
upon which enforcement of a judgment of any district court of this state
would be stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period, upon requiring the same security for satisfaction
of the judgment which is required in this state. Title 10, Chap 13,
§10-1304.
FEES.
Any person filing a foreign judgment shall pay to the clerk of
the court seven dollars ($7.00). Fees for docketing, transcription or other
enforcement proceedings shall be as provided for judgments of the district
court of this state. Title 10, Chap. 13, §10-1305.
ALTERNATIVE REMEDIES UNIMPAIRED.
The right of a judgment creditor to bring an action to enforce
his judgment instead of proceeding under this act remains unimpaired.
Title 10, Chap. 13, §10-1306.
RECORDING OF FILED JUDGMENT.
A foreign judgment filed under this act shall not become a lien
as provided in section 10-1110, Idaho Code, unless a transcript or abstract
thereof, certified by the clerk of the Idaho court in which it
has been filed, which certificate shall be made more than five (5) days
after the filing of such judgment as provided in section 10-1303, Idaho
Code, which judgment has not been stayed as provided by law, has been recorded
with the recorder of any county of this state in the manner provided
by section 10-1110, Idaho Code, and upon said recording shall be
a lien from the date thereof. Title 10, Chap. 13, 10-1306A.
UNIFORM CONSTRUCTION OF ACT.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which enact
it. Title 10, Chap. 13, §10-1307.
CITATION OF ACT.
This act may be cited as the "Enforcement of Foreign Judgments
Act." Title 10, Chap. 13, §10-1308.
