Idaho State Statutes - Idaho Attorney Directory

RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- ACTION
AGAINST DEBTOR AND SURETY -- PREFERENTIAL SETTINGS. (1) 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 claimant include and
the court may award to him in that action:
(a) The amount found due to the lien claimant by the court;
(b) The cost of preparing and filing the lien claim, including attorney's
fees, if any;
(c) The costs of the proceedings;
(d) Attorney's fees for representation of the lien claimant in the
proceedings; and
(e) Interest at the rate of seven percent (7%) per annum on the amount
found due to the lien claimant and from the date found by the court that
the sum was due and payable.
(2) Proceedings under subsection (1) of this section are entitled to
priority of hearing second only to criminal hearings. The plaintiff in the
action may serve upon the adverse party a "demand for thirty (30) day setting"
in the proper form, and file the demand with the clerk of the court. Upon
filing, the clerk of the court shall, before Friday next, vacate a case or
cases as necessary and set the lien claimant's case for hearing, on a day or
days certain, to be heard within thirty (30) days of the filing of the "demand
for thirty (30) day setting." Only one (1) such preferential setting need be
given by the court, unless the hearing date is vacated without stipulation of
counsel for the plaintiff in writing. If the hearing date is vacated without
that stipulation, upon service and filing of a "demand for thirty (30) day
setting," a new preferential setting must be given.

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