By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP
As a judgment holder, it goes without saying that attempting to collect upon that judgment can be terribly frustrating, cumbersome, and unfruitful. Said otherwise, sometimes the process is just an emotional and physical drain. You invested so much time, effort and energy to get your judgment, just to find out that the judgment debtor won’t voluntarily pay as owed. Then, to add insult to injury, you find out his/her/its assets are located in another state. So now what?
Fortunately, Idaho has in place a statutory mechanism that allows foreign judgments to be domesticated, enforced and collected upon in Idaho. For purposes of this discussion, “foreign judgment” is “any judgment, decree or order of a court of the United States or of any other court or an order of an administrative body of any state regarding the support of a child, spouse, or former spouse or the establishment of paternity which is entitled to full faith and credit in this state.” See Idaho Code §10-1301. Idaho also has the Uniform Foreign Country Money Judgments Recognition Act and the Uniform Foreign-Money Claims Act, neither of which are discussed herein.