Idaho Code
Chapter 5 - ATTACHMENTS
Section 8-539 - LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.

8-539. LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, such levy shall be a lien upon all real property for a period of two (2) years after the date of levy unless sooner released or discharged in accordance with law, or by dismissal of the action or by the recording with the recorder of an abstract of judgment in the action. At the expiration of two (2) years, the lien shall cease and any proceeding or proceedings against the property under the lien shall be barred; provided, that upon motion of a party to the action, made not less than five (5) nor more than sixty (60) days before the expiration of said period of two (2) years, the court in which the action is pending may extend the time of said lien for a period not exceeding two (2) years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the recording before the expiration of the existing lien, of a certified copy of the order with the recorder of the county in which the real property attached is situated. The lien may be extended from time to time in the manner herein prescribed.

History:
[I.C., sec. 8-539, as added by 1965, ch. 93, sec. 1, p. 171.]

Structure Idaho Code

Idaho Code

Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS

Chapter 5 - ATTACHMENTS

Section 8-501 - ATTACHMENT — WHEN APPLIED FOR.

Section 8-502 - APPLICATION — COURT EXAMINATION — ORDER TO SHOW CAUSE — NOTICE — HEARING — TEMPORARY RESTRAINING ORDER.

Section 8-503 - UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS.

Section 8-504 - FORM OF WRIT.

Section 8-505 - PROPERTY SUBJECT TO ATTACHMENT — SALE UNDER EXECUTION.

Section 8-506 - EXECUTION OF WRIT.

Section 8-506A - ATTACHMENT OF A DEBTOR’S INTEREST IN PERSONAL PROPERTY SUBJECT TO SECURITY AGREEMENT — ATTACHMENT OF DEFENDANT’S INTEREST IN MORTGAGE OR TRUST DEED — ATTACHMENT OF DEFENDANT’S INTEREST IN SECURITY AGREEMENT.

Section 8-506B - SERVICE OF WRIT.

Section 8-506C - DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY.

Section 8-506D - SUFFICIENCY OF SURETIES.

Section 8-507 - APPLICABILITY.

Section 8-524 - INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY.

Section 8-525 - SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS.

Section 8-526 - ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES.

Section 8-527 - CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT.

Section 8-528 - SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT.

Section 8-529 - COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT.

Section 8-530 - ACTION ON ATTACHMENT BOND.

Section 8-531 - DISCHARGE ON JUDGMENT FOR DEFENDANT.

Section 8-534 - VACATION OF IRREGULAR ATTACHMENT.

Section 8-535 - MOTION UPON AFFIDAVIT — HOW OPPOSED.

Section 8-536 - DISCHARGE — AMENDMENTS AUTHORIZED.

Section 8-537 - RETURN OF WRIT.

Section 8-538 - DISCHARGE OF LIEN ON REAL ESTATE.

Section 8-539 - LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.

Section 8-540 - EARLY SETTING.