Idaho State Statutes - Idaho Attorney Directory

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 45-520, Idaho Code,
file with the clerk of the court in the action a notice excepting to the
sufficiency of the surety on the bond, and shall, at the same time and
together with that notice, file an affidavit setting forth the grounds and
basis of the exceptions to the surety, and shall serve a copy of the notice
and a copy of the affidavit upon the attorney or the petitioner on the same
date as the date of filing of the notice and affidavit. A hearing must be had
upon the justification of the surety at the same time as that set for the
hearing on the petition for an order to release the lien.
(2) If the lien claimant fails to file and serve the notice and affidavit
within two (2) days after the service of the petition for release of the lien,
he shall be deemed to have waived all objection to the justification and
sufficiency of the surety.

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