10.08.6 Duration Of The Lien Period

The duration of a judgment lien in the state of Idaho resulting from recording of a judgment other than for support of a child continues 5 years from the date of the judgment, unless the judgment be previously satisfied, or unless the enforcement of the judgment be stayed upon an appeal as provided by law. A lien arising from the delinquency of a payment due under a recorded judgment for support of a child after July 1, 1995, continues 23 years from the date of judgment unless the judgment be previously satisfied or unless the enforcement of the judgment be stayed upon an appeal as provided by law. Provided, that no lien for child support shall continue more than 5 years after the child reaches the age of majority or 5 years after the child's death, whichever shall first occur. If the recorded judgment is for the support of more than 1 child, the lien shall continue until 5 years after the youngest child reaches the age of majority or 5 years after the death of the last remaining child, whichever shall first occur.

Idaho treats the original judgment as having a 5 year lien period. A judgment creditor wanting to renew their judgment, in effect, files an action showing the debt as being unpaid on the judgment and obtains a separate judgment with its own 5 year lien period that does not claim its priority from the original judgment.

In addition to the statutory time termination, a judgment lien may also be terminated through any of the following:

  • The payment or satisfaction of the judgment.
  • The partial release of the property from the lien of the judgment by the judgment
    creditor.
  • The proper foreclosure of a prior lien.
  • An execution sale and return for the full amount of the judgment.
  • A final order vacating the judgment.
  • The reversal of the judgment in appeal proceedings.
  • By operation of law.

Note: Under the Bankruptcy Code, a judgment lien on real property at the time of the bankruptcy is not affected by the discharge of the debtor (unless otherwise specifically disposed of by an order of the court.)