Idaho Motion to Avoid Creditor's Lien

Q: What is the lien law in Idaho?

Idaho&#039;s lien law can be found in Idaho Code Title 45, Chapter 5. Under this law, when you hire a contractor to do construction work for you, that contractor has a right to secure payment for labor and materials by placing a lien on the property being improved.

Category:

Bankruptcy

State:

Multi-State

Control #:

US-03348BG

Format:

Instant download

Description

Judicial lien is a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding. If a court finds that a debtor owes money to a creditor and the judgment remains unsatisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor. After imposing the lien, the court issues a writ directing the local sheriff to seize the property, sell it and turn over the proceeds to the creditor.

Under Bankruptcy proceedings, a creditor can obtain a judicial lien by filing a final judgment issued against a debtor through a lawsuit filed in state court. A certified copy of a final judgment may be filed in the county in which the debtor owns real property. A bankruptcy debtor can file a motion to avoid Judicial Lien. A Motion to avoid Judicial Lien can be filed by a debtor in either a chapter 7 or chapter 13 bankruptcy proceeding. In a Chapter 7 proceeding, an Order Avoiding Judicial Lien will remove the debt totally.

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FAQ

A lien is an encumbrance that makes property security for the payment of a debt or discharge of an obligation. The Registrar-Recorder/County Clerk (RR/CC) serves notification by mail to debtors when an involuntary lien is recorded against them. An involuntary lien is a lien that a property owner did not sign.

Idaho's lien law can be found in Idaho Code Title 45, Chapter 5. Under this law, when you hire a contractor to do construction work for you, that contractor has a right to secure payment for labor and materials by placing a lien on the property being improved.

45-507. Claim of lien. (1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.

5-216. Action on written contract. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.