West Headnote of the Day – July 19, 2010

July 19, 2010

West's Key 294 Payment
West's Key 294V Recovery of Payments
West's Key 294k87 Duress
West's Key 294k87(2) k. What Constitutes Duress, and Character of Payment in General.

294 PaymentJudgment debtor’s payment to judgment creditor’s attorney, from money in his wallet during judgment debtor examination, was “voluntary”, although magistrate instructed debtor that he was required to answer attorney’s questions concerning even the mint in his pockets; magistrate’s comments were in the nature of an explanation of the debtor examination process and of the judgment creditor’s right to discover all of judgment debtor’s assets, and any element of intimidation in comments were attributable primarily to nature of proceeding, which was an effort by creditor to collect a valid judgment.
Medical Recovery Services, LLC v. Carnes, 230 P.3d 760 (Idaho Ct. App., 2010)

Suggested by Ben Frisch, West Attorney Editor