Repeat judgment renewal

[CABridgebuilder]

What is the name of your state (only U.S. law)? Idaho

I won a default judgment against my wedding photographer in 2003. I renewed the judgment in late 2007. I was looking at renewing again next year, but noticed the form mentions something like 'I certify that I have not renewed the judgment previously'

Am I able to renew the judgment every 5 years, or am I limited to one renewal? Does the judgment expire after the first renewal?

Thanks in advance!

 

[racer72]

You can renew the judgment every 5 years for a maximum of 20 years.

 

[latigo]

What is the name of your state (only U.S. law)? Idaho

I won a default judgment against my wedding photographer in 2003. I renewed the judgment in late 2007. I was looking at renewing again next year, but noticed the form mentions something like 'I certify that I have not renewed the judgment previously'Am I able to renew the judgment every 5 years, or am I limited to one renewal? Does the judgment expire after the first renewal?

Thanks in advance!

There is a reason why that question is asked and you have suggested it.

Other than a judgment for child support there is no provision under Idaho law for "successive" renewals of a money judgment. (IC 10-1111)

 

[racer72]

There is a reason why that question is asked and you have suggested it.

Other than a judgment for child support there is no provision under Idaho law for "successive" renewals of a money judgment. (IC 10-1111)

I think you misread the law.

the court which entered the judgment, other than a judgment for child support, may, upon motion, renew such judgment. The renewed judgment may be recorded in the same manner as the original judgment, and the lien established thereby shall continue for five (5) years from the date of judgment.

Judgments for child support have a 23 year SOL in Idaho, there is no need to renew those judgments.

 

[latigo]

Well, racer I’m sorry but I don’t read that code section as expressly permitting successive renewals.

True, it reads that the renewed judgment may be recorded and any lien created by the original judgment will continue for an additional five years.

But it does not state that upon motion a renewed judgment may be renewed. And certainly contains no language with regard to a judgment’s maximum effectiveness as being 20 years.

Idaho case law has likened the five-year period within which the original judgment may be renewed as that of a statute of limitations. * But no case law that I have uncovered holds to a fifteen (15) year period of limitation giving the original judgment a possible 20 year duration.

Anyway, just because I disagree does not mean that I don't respect your input in this site, which I do.
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[*] “We view I.C. § 10-1111 to be in the nature of a statute of limitation;  it sets the time limit for a judgment creditor to take action to renew the judgment.” Smith vs. Smith Idaho Court of Appeals Case No. 23487 (l998)

 

[racer72]

Google "Idaho judgment statute of limitations". Every site that shows up shows the 20 year maximum, none actually show the specific statutes.