[CLBS] Mechanics lien reduced to judgment

Thu Oct 29 11:16:16 MDT 2015

I have been on both sides of this issue. Often the creditor just loses track or interest in renewing over time and does not end up renewing the judgment forever. However, I have a few instances on both sides of the issue lately representing a judgment creditor and also a judgment debtor, where a very old debt has been renewed and shows up at a most inopportune time for the judgment debtor many, many years after the fact. With a 10 year time frame for enforcement of a judgment and one ten year renewal, that would be to be sufficient to give the creditor a chance to collect over 20 years but puts an end to the judgment eventually. Laura

Laura E. Burri
Attorney at Law
Morrow & Fischer, PLLC
332 North Broadmore, Suite 102
Nampa, Idaho 83687
Phone (208) 475-2200
Fax      (208) 475-2201
lburri at morrowfischer.com 

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeff Wilson
Sent: Thursday, October 29, 2015 11:06 AM
To: Ron Kerl; Gardner, Jeffrey C.
Cc: Bankruptcy list; Bart Davis
Subject: Re: [CLBS] Mechanics lien reduced to judgment

I would agree

Jeffrey M. Wilson
Attorney at Law

WORST, FITZGERALD & STOVER, PLLC
OF COUNSEL
WILSON & MCCOLL
3858 North Garden Center Way, Suite 200
P.O. Box 1544 | Boise, ID 83703
(208) 345-9100 | Fax: (208) 384-0442
jeff at wilsonmccoll.com
www.magicvalleylaw.com
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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ron Kerl
Sent: Thursday, October 29, 2015 10:13 AM
To: Gardner, Jeffrey C.
Cc: Bankruptcy list; Bart Davis
Subject: Re: [CLBS] Mechanics lien reduced to judgment

Kudos to Jeff and others with his sentiment on the question.

I too have been a creditor counsel during my 40 years in the practice - and think that a 10 year judgment with 10 year renewal is plenty of time for a creditor to collect a judgment.

RK

Ron Kerl
Cooper & Larsen, Chtd
151 N. Third, Second Floor
P.O. Box 4229
Pocatello, ID 83205
Tel: (208) 235-1145
Fax: (208)235-1182

On Thu, Oct 29, 2015 at 10:00 AM, Gardner, Jeffrey C. < jgardner at balljanik.com> wrote:

> Blair, Sheila, and others there know I am no softy - since all I do is 
> represent banks (and am a "recovering (SAG) banker"), but when it 
> comes to the duration of judgments I can only say that even heinous 
> felons can and do get parole at some point.  Cutting off the duration 
> and/or number of renewals would give creditors a fair opportunity to 
> collect what they are owed, while restraining bottom-feeders from 
> pursuing Zombie Debt they buy at pennies on the dollar.  Seems to me 
> that a reasonable ultimate time bar is consistent with the notion of a 
> "fresh start" for debtors at some point.  Good grief, I can't believe 
> I am saying this. . .I've grown weak in my old age. . .
>
>                     Jeff
>
>
>
>
> Jeffrey Gardner
> Senior Counsel
>
> Ball Janik LLP
> t: 503.944.6048
> f: 503.295.1058
> jgardner at balljanik.com
>
>
>
>
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