2005 Idaho Code - 45-1705 — PENALTIES

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 17
                        NONCONSENSUAL COMMON LAW LIENS
    45-1705.  PENALTIES. (1) Any person who offers to have recorded or filed
in the office of the county clerk and recorder, or with the secretary of
state, any document purporting to create a nonconsensual common law lien
against real or personal property, knowing or having reason to know that such
document is forged or groundless, contains a material misstatement or false
claim, or is otherwise invalid, shall be liable to the owner of such real or
personal property for the sum of not less than five thousand dollars ($5,000)
or for actual damages caused thereby, whichever is greater, together with
reasonable attorney's fees.
    (2)  Any grantee or other person purportedly benefited by a recorded
document which creates a nonconsensual common law lien against real or
personal property and is forged or groundless, contains a material
misstatement or false claim, or is otherwise invalid, who willfully refuses to
release such document or record upon request of the owner of the real or
personal property affected shall be liable to such owner for the damages and
attorney's fees provided in subsection (1) of this section.
    (3)  Any person who offers to have recorded or filed in the office of the
county clerk and recorder, or with the secretary of state, any document,
including a financing statement, purporting to create a claim of lien against
any real or personal property of a federal, state or local official or
employee, knowing or having reason to know that such document is forged or
groundless, contains a material misstatement or false claim, or is otherwise
invalid, shall be liable to the owner of such property for the damages and
attorney's fees provided in subsection (1) of this section.