Title 45 — LIENS, MORTGAGES AND PLEDGES

45-411. Rules of practice and appeals. Except as otherwise provided in this chapter the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter.

45-412. Enforcement against whole or part of property. Any person who shall bring a civil action to enforce the lien as herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action, has a right to demand that such lie…

45-413. Joinder of actions — Filing fees as costs — Attorney’s fees. Any number of persons claiming liens against the same property under this chapter may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also, as pa…

45-414. Enforcement of judgments — Apportionment of proceeds. In such civil action judgments must be rendered in favor of each person having a lien for the amount due to him, and the court or judge thereof shall order any property subject to the lien herein provided for, to be so…

45-415. Property may be sold as personalty. The court or judge may order any property subject to a lien as in this chapter provided, to be sold by the sheriff as personal property is sold on execution, either before or at the time judgment is rendered as provided in the section n…

45-416. Interference with property subject to lien — Liability to lienholder. Any person who shall injure, impair or destroy, or who shall render difficult, uncertain or impossible of identification, any saw logs, spars, piles, cord wood or other timber, upon which there is a lie…

45-417. Interference with property subject to lien — Penalty — Bond. Any person or persons who shall, after the filing for record in the county recorder’s office in the county of which said labor was performed, or in which said logs, spars, piles, cord wood or other timber are lo…

45-501. Right to lien. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic p…

45-504. Lien for improving lots. Any person who, at the request of the owner of any lot in any incorporated city or town, surveys, grades, fills in, or otherwise improves the same, or who rents, leases or otherwise supplies equipment, materials or fixtures as defined in section 2…

45-505. Land subject to lien. The land upon which or in connection with which any professional services are performed or any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use an…

45-506. Liens preferred claims. The liens provided for in this chapter shall be on equal footing with those liens within the same class of liens, without reference to the date of the filing of the lien claim or claims and are preferred to any lien, mortgage or other encumbrance, …

45-507. Claim of lien. (1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated. (2) The claim shall be filed within ninety (90) days afte…

45-508. Claims against two buildings. In every case in which one (1) claim is filed against two (2) or more buildings, mines, mining claims, or other improvements, owned by the same person, the person filing such claim must, at the same time, designate the amount due him on each …

45-509. Record of lien claims. The county recorder must record the claims mentioned in this chapter in a book kept by him for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees a…

45-510. Duration of lien. (1) No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such…

45-511. Recovery by contractor — Deduction of debts to subcontractors. The original or subcontractor shall be entitled to recover, upon the claim filed by him, only such amount as may be due to him according to the terms of his contract, and, if applicable, such other amounts as …

45-512. Judgment to declare priority. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order: 1. All laborers, other than contractors or subcont…

45-513. Joinder of actions — Filing fees as costs — Attorney’s fees. Any number of persons claiming liens against the same property may join in the same action, and when separate actions are commenced the court may consolidate them. The court shall also allow as part of the costs…

45-514. Exemption of materials from execution. Whenever materials shall have been furnished for use in the construction, alteration or repair of any buildings, or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce an…

45-515. Action to recover debt. Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done, equipment, materials or fixtures rented or leased or materials furnished, to maintain a personal action to r…

45-516. Rules of practice and appeals. Except as otherwise provided in this chapter, the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in, the proceedings mentioned in this chapter: provided, that…

45-517. Lien for worker’s compensation security. The term "labor" as used in this title shall include the cost of worker’s compensation and occupational disease compensation security required by the provisions of sections 72-301 through 72-304, Idaho Code, and amendments thereto,…

45-518. Release of lien on real property by posting surety bond — Manner. A mechanic’s lien of record upon real property may be released upon the posting of a surety bond in the manner provided in sections 45-519 through 45-524, Idaho Code.

45-519. Release of lien on real property by posting surety bond — Form of bond. The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises …

45-520. Release of lien on real property by posting surety bond — Petition for release — Service of copy of petition. (1) A petition for the release of a mechanic’s lien by posting a surety bond must be filed in the district court of the county wherein the property is located and…

45-521. Release of lien on real property by posting surety bond — Hearing on petition — Contents and effect of order releasing lien. (1) Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, a…

45-522. Release of lien on real property by posting surety bond — Action against debtor and surety — Preferential settings. The lien claimant is entitled to bring an action against the lien claimant’s debtor and to join therein the surety on the bond. The rights of the lien claim…

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 proceed…

45-524. Release of lien on real property by posting surety bond — Exception to sufficiency of surety. (1) The lien claimant may, within two (2) days after the service of a copy of the petition for release of the lien with a copy of the bond attached thereto pursuant to section 45…

45-525. General contractors — Residential property — Disclosures. (1) Legislative intent. This section is intended to protect owners and purchasers of residential real property by requiring that general contractors provide adequate disclosure of potential liens. (2) General contr…

45-601. Definitions. Whenever used in this chapter: (1) "Claimant" means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. (2) "Department" means the department of labor. (3) "Director" means the director of …

45-602. Wages of employees preferred. In all assignments of property made by any person to trustees or assignees, or in proceedings in insolvency, an employee’s wages for services rendered within sixty (60) days preceding such assignment, not exceeding five hundred dollars ($500)…

45-603. Preference of wages — Death of employer. In case of the death of any employer, the wages of each employee for services rendered within the sixty (60) days preceding the death of the employer, not exceeding five hundred dollars ($500), rank in priority next after the funer…

45-604. Preference of wages on execution and attachment. In cases of executions, attachments and writs of similar nature, issued against any person or his property, except for claims for labor done, any employee who has claims against the defendant for labor done upon the propert…

45-605. Debtor or creditor may dispute claim. The debtor or creditor intending to dispute a claim presented under the provisions of section 45-604, Idaho Code, shall, within ten (10) days after receiving notice of such claim, serve upon the claimant and the officer executing the …

45-606. Payment of wages upon separation from employment. (1) Upon layoff, or upon termination of employment by either the employer or employee, the employer shall pay or make available at the usual place of payment all wages then due the employee by the earlier of the next regul…

45-607. Penalty for failure to pay. Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee’s wages shall continue at the same rate as if services had been rendered in the manner as last employed until …

45-608. Pay periods — Penalty. (1) Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are…

45-609. Withholding of wages. (1) No employer may withhold or divert any portion of an employee’s wages unless: (a) The employer is required or empowered to do so by state or federal law; or (b) The employer has a written authorization from the employee for deductions for a lawfu…

45-610. Records to be kept by employer — Notice to employees. (1) Employment records must be maintained for a minimum period of three (3) years from the last date of the employee’s service. (2) Every employer shall give notice to its employees at the time of hiring of the rate of…

45-611. Wages that are in dispute. (1) In case of a dispute as to the amount of wages due an employee, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all r…

45-612. Filing false claim — Penalty. (1) Any person making a false claim for wages or other compensation under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punishable by confinement in the county jail for a period not to exceed six (6…

45-613. Discharging or retaliating against employees asserting rights under this chapter. No employer shall discharge or in any other manner retaliate against any employee because that employee has made a complaint to the employer, or to the department, or filed suit alleging tha…

45-614. Collection of wages — Limitations. Any person shall have the right to collect wages, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be filed either with the department or commenced in a court of c…

45-615. Collection of wage claims by suit — Attorney’s fees and costs. (1) As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law…

45-616. Enforcement. (1) The director shall enforce and administer the provisions of this chapter. The director is empowered to hold hearings and otherwise investigate violations or alleged violations of this chapter and any rules promulgated pursuant thereto, and to issue orders…

45-617. Administrative proceedings for wage claims. (1) Wage claims filed with the department, excluding potential penalties, are limited by the same dollar amount that limits actions before the small claims department of the magistrate division of the district court. (2) The con…

45-618. Administrative enforcement and collection of wage claims. (1) A department determination, if not appealed to an appeals examiner; or a decision of the appeals examiner, if judicial review is not sought; or a court order following judicial review, may be enforced by the de…

45-619. Judicial review. (1) A claimant or employer aggrieved by a final decision of the appeals examiner may obtain judicial review of the decision pursuant to the provisions of chapter 52, title 67, Idaho Code, and the provisions of this section. (2) If the employer files a pet…

45-620. Liens. (1) Upon the failure of any person to pay any amount when due pursuant to section 45-617, Idaho Code, the department may file with the office of the secretary of state, as provided in chapter 19, title 45, Idaho Code, a notice of lien. (2) Upon delivery to the secr…