Idaho State Statutes - Idaho Attorney Directory

NO DUTY TO ACCEPT NONCONSENSUAL COMMON LAW LIENS -- NOTICE OF
INVALID LIEN. (1) No person has a duty to accept for filing or recording any
claim of nonconsensual common law lien unless the lien is authorized by
contract, lease, statute or imposed by a court having jurisdiction over
property affected by the lien, nor does any person have a duty to reject for
filing or recording any claim of lien, except as provided in subsection (2) of
this section.
(2) No person shall be obligated to accept for filing any claim of
nonconsensual common law lien against a federal, state, or local official or
employee based on the performance or nonperformance of that official's or
employee's duties unless accompanied by a specific order from a court of
competent jurisdiction authorizing the filing of such lien.
(3) If a claim of lien as described in subsection (2) of this section has
been accepted for filing, the recording officer shall accept for filing a
notice of invalid lien signed and submitted by the assistant United States
attorney representing the federal agency of which the individual is an
official or employee; the deputy attorney general representing the state
agency, board, commission, department, or institution of higher education of
which the individual is an official or employee; or the attorney representing
the school district, political subdivision, or unit of local government of
this state of which the individual is an official or employee. A copy of the
notice of invalid lien shall be mailed by the attorney to the person who filed
the claim of lien at his or her last known address. No recording officer or
county shall be liable for the acceptance for filing of a claim of lien as
described in subsection (2) of this section, nor for the acceptance for filing
of a notice of invalid lien pursuant to this subsection.

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