Lawyers, Answer Questions  & Get Points Log In
Idaho Collections Questions & Answers
1 Answer | Asked in Collections for Idaho on
Q: If I get married and happen to die will my husband be responsible to pay off my Nevada court appointed restitution?

We live in Idaho and I owe over $50,000

Kevin M Rogers
Kevin M Rogers answered on Oct 25, 2021

No. Restitution is not a "joint and several" obligation unless there are more than one defendants who create the restitution issue through crime. Restitution is personal. It does not pass legally like another death might.

1 Answer | Asked in Collections for Idaho on
Q: Can I put a lean on or claim an abandoned late model pickup that has been left on my property for 6 months?

Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
Read more »

1 Answer | Asked in Collections for Idaho on
Q: How long after my vehicle has been repossessed and sold should I receive a letter from the creditor about the sale?

My vehicle was repossessed. The amount I still owed was $5700. I received a letter 3 months later saying it was sold. It didn't say for how much. The finance company closed out the account as a paid repossession. But during all that time it sold the account to a debt collector who is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 22, 2018

Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Q: debt collection cases
Kevin M Rogers
Kevin M Rogers answered on Oct 15, 2018

All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... Read more »

1 Answer | Asked in Business Law and Collections for Idaho on
Q: Collection company still collect after debt has been written off?

Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?

Michael Hales
Michael Hales answered on Feb 14, 2018

My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.