2005 Idaho Code - 45-523 — RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- MOTION TO ENFORCE LIABILITY OF SURETY

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 5
                      LIENS OF MECHANICS AND MATERIALMEN
    45-523.  RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- MOTION
TO ENFORCE LIABILITY OF SURETY. (1) By entering into a bond given pursuant to
section 45-519, Idaho Code, the surety submits himself to the jurisdiction of
the court in which the bond is filed in the proceeding for release of the
lien, and the surety irrevocably appoints the clerk of that court as its agent
upon whom any papers affecting its liability on the bond may be served. Its
liability may be enforced on motion without the necessity of an independent
action. The motion and such notice of motion as the court prescribes may be
served on the clerk of the court, who shall forthwith mail copies to the
surety if his address is known.
    (2)  The motion described in subsection (1) of this section must not be
instituted until the lapse of thirty (30) days following the giving of notice
of entry of judgment in the action against the lien claimant's debtor, if no
notice of appeal from the judgment is filed, nor may the motion be instituted
until the lapse of thirty (30) days following the filing of the remittitur
from the court of appeals or the supreme court, if an appeal has been taken
from the judgment.