10-1303. 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.
History:
[I.C., sec. 10-1303, as added by 1974, ch. 64, sec. 1, p. 1142.]
Structure Idaho Code
Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS
Chapter 13 - FOREIGN JUDGMENTS
Section 10-1301 - “FOREIGN JUDGMENT” DEFINED.
Section 10-1302 - FILING OF FOREIGN JUDGMENT WITH CLERK OF DISTRICT COURT — EFFECT OF FILING.
Section 10-1304 - STAY OF EXECUTION.
Section 10-1306 - ALTERNATIVE REMEDIES UNIMPAIRED.
Section 10-1306A - RECORDING OF FILED JUDGMENT.
Section 10-1307 - UNIFORM CONSTRUCTION OF ACT.
Section 10-1308 - CITATION OF ACT.
Section 10-1309 - FOREIGN ORDERS — RECIPROCAL AGREEMENTS — PUBLIC POLICY.