No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.
Idaho Code § 5-238
Acknowledgment or new promise — Effect on operation of statute — Effect of partial payment
Applied in 4 court decisions — leading case Horkley v. Horkley (2007)
Most recently applied in Barry Stimpson v. Midland Credit Mgmt., Inc. (December 2019)
C.C.P. 1881, § 178; R.S., R.C., & C.L., § 4078; C.S., § 6631; am. 1923, ch. 49, § 1, p. 57; I.C.A., § 5-238.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.