It's the Law: How to renew judgment - Post Register

Q. A few years ago, I got a judgment against someone for a specific amount that I recorded so it would be a lien on his property, but now a friend told me that I should look at renewing that judgment. Do I have to renew my judgment? What does that mean?

A. Obtaining a judgment concludes a case. Recording an abstract of judgment creates a lien on the judgment debtor’s non-exempt real property within that county, and an abstract can be recorded in multiple counties. However, the judgment, the abstract and the lien are not effective forever. While judgments for child support and for crime victims' restitution are treated differently, it sounds like you have a general civil judgment.

The applicable statute, Idaho Code § 10-1110, currently specifies that “(t)he lien resulting from recording of a judgment … continues ten (10) years from the date of the judgment,” unless the judgment is paid (satisfied) or unless there is an appeal pending (which usually pauses or “stays” enforcement of judgment). That is to say that the lien created by a recorded abstract of judgment lasts for 10 years from the date the judge signed the judgment — not from the date it was recorded. Unless the judgment is renewed, it will lapse and no longer constitute a lien.

Before 2015, this statute only provided for a five-year time period. As the Idaho Supreme Court has explained, this means that “(t)he ten year lien time applies only to judgments issued on and after July 1, 2015," according to Smith v. Smith, 164 Idaho 46, 50, n. 3 and 4 (2018) (citations omitted). Thus, judgments from before July 1, 2015, must be renewed every five years until it is satisfied, while judgments from after that date must be renewed every 10 years until it is satisfied.

Renewing a judgment requires a motion (which is subject to payment of a fee, currently categorized as K.6., which is $29) that can be supported by a declaration or affidavit, all of which need to show the status of the currently operative judgment (from the original judgment through any prior renewals), that it has not expired, that it remains unsatisfied and the amount due in the renewed judgment. The amount can increase from the face value of the original judgment because of the accrual of interest on all judgments. Each year, pursuant to statute, the Idaho state treasurer annually publishes the legal rate of interest on all judgments entered during that year. This interest rate is available online at https://sto.idaho.gov/Reports/Legal-Rate-of-Interest.

source: https://www.postregister.com/news/local/its-the-law-how-to-renew-judgment/article_f12e1c11-1c68-576d-be20-c31e419a72fa.html

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