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ID H0491

Bill

Official Source

Status

Passed

3/23/2016

Primary Sponsor

Judiciary, Rules and Administration Committee

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Origin

House of Representatives

2016 Regular Session

AI Summary

  • Repeals Chapter 17, Title 45, Idaho Code, relating to nonconsensual common law liens
  • Prohibits nonconsensual common law liens in Idaho and declares the state will not recognize or enforce them, while exempting county clerks and recording officers from penalties for accepting filings of such liens
  • Allows property owners to petition district court at any time for release of a recorded nonconsensual common law lien, with the court issuing an order for the lienor to appear within 15-30 days to show cause
  • Establishes a filing fee of $35.00 for petitions to release liens and allows property owners to file complaints for penalties within 90 days of the show cause hearing
  • Imposes liability on persons filing nonconsensual common law liens of at least $5,000 or actual damages (whichever is greater) plus court costs and attorney's fees if they refuse written requests to withdraw or release the lien

Legislative Description

Repeals and adds to existing law to prohibit nonconsensual common law liens.

LIENS

Last Action

Reported Signed by Governor on March 23, 2016 Session Law Chapter 170 Effective: 07/01/2016

3/23/2016

Full Bill Text

No bill text available