10-1507. JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS — TIMES OF MONEY CONVERSION — FORM OF JUDGMENT . (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e) A judgment or award made in an action or distribution proceeding on both (i) a defense, set-off, recoupment or counterclaim and (ii) the adverse party’s claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a) of this section:
IT IS ADJUDGED AND ORDERED, that Defendant ……. (insert name) ……. pay to Plaintiff ……. (insert name)……. the sum of ……. (insert amount in the foreign money) ……. plus interest on that sum at the rate of ……. (insert rate – see section SECTsp1/>10-1509.htm">10-1509, Idaho Code) ……. percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the ……. (insert name of foreign money) ……. with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of ……. (insert amount) ……. United States dollars.
(g) If a contract claim is of the type covered by section SECTsp1/>10-1505.htm">10-1505(a) or (b), Idaho Code, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h) A judgment must be filed with the district court, and recorded with the county recorder, in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
History:
[10-1507, added 2001, ch. 329, sec. 1, p. 1157.]
Structure Idaho Code
Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS
Chapter 15 - UNIFORM FOREIGN-MONEY CLAIMS ACT
Section 10-1501 - DEFINITIONS.
Section 10-1503 - VARIATION BY AGREEMENT.
Section 10-1504 - DETERMINING MONEY OF THE CLAIM.
Section 10-1505 - DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT CLAIMS.
Section 10-1506 - ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM.
Section 10-1508 - CONVERSIONS OF FOREIGN MONEY IN DISTRIBUTION PROCEEDING.
Section 10-1509 - PREJUDGMENT AND JUDGMENT INTEREST.
Section 10-1510 - ENFORCEMENT OF FOREIGN JUDGMENTS.
Section 10-1512 - EFFECT OF CURRENT REVALORIZATION.
Section 10-1513 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW.
Section 10-1514 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 10-1515 - SHORT TITLE.