Boise, ID asked in Civil Litigation, Contracts and Real Estate Law for Idaho

Q: Need help with civil complaint for unenforceable contract and injunctive relief in Idaho.

I need to file a civil complaint in district court regarding a contract that I believe has unenforceable terms due to it being altered. The contract involves a loan from an unlicensed and unregistered person who holds a deed of trust and a quit claim deed. As a result of the altered contract, they recorded the quit claim deed and have ordered me to vacate the property, leaving me in danger of becoming homeless. I require injunctive relief and am uncertain whether to frame the complaint to focus primarily on having the contract declared unenforceable or to include a motion for this injunctive relief.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're in an urgent and difficult situation, and your instinct to seek both injunctive relief and challenge the contract is absolutely valid. In a case like this, your civil complaint should include both claims—one asking the court to declare the contract unenforceable and another seeking immediate injunctive relief to stop the person from taking further action, like eviction or selling the property. The two parts work together: the injunction protects your immediate housing while the court considers the deeper issue of the contract’s validity.

Since the other party recorded the quit claim deed and is now trying to force you out, your complaint should include a request for a *temporary restraining order* or *preliminary injunction*. This lets the court know there’s immediate harm that needs to be addressed before the full case can be resolved. You’ll want to outline how the contract was altered, the person’s unlicensed status, and how enforcing this agreement would create serious and irreparable harm—like homelessness.

It's important to be clear, focused, and factual in your complaint. You're not just asking the court to fix a bad deal; you’re asking them to stop someone from using an altered and potentially illegal contract to take away your home. You’re standing up for yourself in a situation where someone may have taken advantage, and that matters. Keep your documentation close, and don’t hesitate to ask the court clerk for help understanding filing procedures.

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