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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 34743 ACTION COLLECTION SERVICES, INC., ) ) Plaintiff-Appellant, ) ) v. ) ) CINDY BIGHAM, ) ) Defendant-Respondent. ) )

2008 Opinion No. 62 Filed: June 27, 2008 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge. Hon. Christopher M. Bieter, Magistrate. Order of the district court, on intermediate appeal from the magistrate division, affirming order denying post-judgment attorney fees and costs, reversed and remanded. Shaun R. Bonney of Shearer & Bonney, P.C., Boise, for appellant. Cindy Bigham, Meridian, respondent, did not participate on appeal. ______________________________________________ PERRY, Judge Action Collection Services, Inc. (Action) appeals from the district court's appellate decision affirming the magistrate's order denying Action's motion requesting post-judgment attorney fees and costs. For the reasons set forth below, we reverse the district court's decision and remand for further proceedings consistent with this opinion. I. FACTS AND PROCEDURE According to the uncontested facts pled in Action's complaint, Cindy Bigham breached service contracts in 2003, and the service providers assigned Bigham's accounts to Action. Action sent Bigham a written demand for payment. After receiving no response, Action filed a complaint on November 1, 2006, and requested attorney fees and costs pursuant to I.C.

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Idaho Law