Debt collectors in Idaho

Credit cards: The Idaho Supreme Court in Unifund CCR, LLC v. Lowe, 159 Idaho 750, 367 P.3d 145 (2016) held that a preprinted cardholder agreement is an 'instrument in writing' even though the borrower never signed it. A credit card balance therefore takes the 5-year written-contract period of Idaho Code s. 5-216, not the 4-year s. 5-217. The court rejected an essential-terms test and held that s. 5-222 (open-account accrual) supplies no separate period. The case was described in the Alper Law 2026 chart; the opinion text was not read.

Payments and acknowledgments: Under Idaho Code s. 5-238, an acknowledgment or new promise must be in a writing signed by the party charged. But any payment of principal or interest is equivalent to a new signed written promise to pay the remainder. A payment therefore restarts the period, and by the statute's terms that applies after expiry too. No consumer or debt-buyer exception was found.

Judgments: A writ of execution may issue within 10 years after entry of the judgment or of an order renewing it (Idaho Code s. 11-101). A recorded judgment lien lasts 10 years from the judgment date (s. 10-1110). Before the lien expires, the court may renew an unsatisfied judgment on motion by an 'order renewing judgment' (s. 10-1111). The renewed lien runs 10 years from the renewal order, the original date and priority are kept, and the s. 5-215 period restarts. The statute states no limit on the number of renewals. An action upon a judgment may be brought within 11 years (s. 5-215). Child support and restitution judgments follow separate rules.

Other rules: The official Idaho Legislature site (legislature.idaho.gov) refused connections on every attempt, so all text came from FindLaw (current as of Jan 1, 2024). Any 2024-2026 amendments are unverified. Note that s. 5-215 now gives 11 years for an action upon a judgment, and execution and liens run 10 years with repeatable renewal. Secondary sources that give a 5- or 6-year Idaho judgment life appear stale. The s. 5-216 limits never apply to actions by or for the State. No Idaho statute expressly banning suit on time-barred consumer debt or barring its revival was found; the Idaho Collection Agency Act was not reviewed in full.

• open account: Idaho Code s. 5-216; Unifund CCR, LLC v. Lowe, 159 Idaho 750, 367 P.3d 145 (2016)
• written contract: Idaho Code s. 5-216
• oral contract: Idaho Code s. 5-217
• promissory note: Idaho Code s. 28-3-118(1)-(2) (6 yrs after due date or demand)
• judgment: Idaho Code ss. 11-101, 10-1110, 10-1111, 5-215
• payment restarts: Idaho Code s. 5-238
• other: Idaho Code s. 5-222 (accrual of open accounts from last item); s. 5-239 (borrowing statute, per secondary source)

Sources: codes.findlaw.com · codes.findlaw.com · codes.findlaw.com