Collection Bureau, Inc. v. Dorsey, 150 Idaho 695

Summary

The Supreme Court of Idaho held that the defendant’s signed parole agreement unconditionally acknowledged a fine imposed in a criminal judgment, thereby renewing the obligation and making Collection Bureau’s collection action timely. The court reversed the district court’s summary judgment for the defendant and remanded for further proceedings. It declined to decide which Idaho statute of limitations applied and denied attorney fees, while awarding costs to Collection Bureau.

Holdings

1. A debtor's signed writing unconditionally acknowledging an existing judgment debt renews the running of the statute of limitations when the limitations period has not yet expired. Dorsey's parole agreement clearly identified the criminal fine and imposed no qualification on his liability, so it acknowledged the debt and made Collection Bureau's action timely.
2. Collection Bureau was not entitled to attorney fees under Idaho Code sections 12-120(3) or 12-121, or under Idaho Appellate Rules 35(a)(5) and 41, although it was awarded costs.

Questions Presented

1. Whether Dorsey's signed parole agreement unconditionally acknowledged the criminal judgment debt and thereby renewed the applicable statute of limitations.
2. Whether the court needed to decide whether Idaho Code section 5-215 or section 5-216 governed collection of the criminal judgment.
3. Whether Collection Bureau was entitled to attorney fees and costs on appeal.

Disposition

reversed_and_remanded