Effective 7/1/2024
78B-5-201. Definitions — Judgment recorded in Registry of Judgments.
| (1) |
As used in this part, “Registry of Judgments” means the index where a judgment is filed and searchable by the name of the judgment debtor through electronic means or by tangible document. |
Terms Used In Utah Code 78B-5-201 v2
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Registry of Judgments: means the index where a judgment is filed and searchable by the name of the judgment debtor through electronic means or by tangible document. See Utah Code 78B-5-201 v2
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
On or after July 1, 1997, a judgment entered by a court of this state does not create a lien upon or affect the title to real property unless the judgment is filed in the Registry of Judgments of the office of the clerk of the district court of the county in which the property is located. |
| (3) |
| (a) |
On or after July 1, 2002, except as provided in Subsection (3)(b), a judgment entered by a court of this state does not create a lien upon or affect the title to real property unless the judgment or an abstract of judgment is recorded in the office of the county recorder in which the real property of the judgment debtor is located. |
| (b) |
State agencies are exempt from the recording requirement of Subsection (3)(a). |
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| (4) |
In addition to the requirements of Subsections (2) and (3)(a), any judgment that is filed in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract of judgment that is recorded in the office of a county recorder after July 1, 2002, shall include:
| (a) |
the information identifying the judgment debtor as required under Subsection (4)(b) on the judgment or abstract of judgment; or |
| (b) |
a copy of the separate information statement of the judgment creditor that contains:
| (i) |
the correct name and last-known address of each judgment debtor and the address at which each judgment debtor received service of process; |
| (ii) |
the name and address of the judgment creditor; |
| (iii) |
the amount of the judgment as filed in the Registry of Judgments; |
| (iv) |
if known, the judgment debtor’s Social Security number, date of birth, and driver’s license number if a natural person; and |
| (v) |
whether or not a stay of enforcement has been ordered by the court and the date the stay expires. |
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| (5) |
For the information required in Subsection (4), the judgment creditor shall:
| (a) |
provide the information on the separate information statement if known or available to the judgment creditor from its records, its attorney’s records, or the court records in the action in which the judgment was entered; or |
| (b) |
state on the separate information statement that the information is unknown or unavailable. |
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| (6) |
| (a) |
Any judgment that requires payment of money and is entered by a court of this state on or after September 1, 1998, or any judgment or abstract of judgment recorded in the office of a county recorder after July 1, 2002, that does not include the debtor identifying information as required in Subsection (4) is not a lien until a separate information statement of the judgment creditor is recorded in the office of a county recorder in compliance with Subsections (4) and (5). |
| (b) |
The separate information statement of the judgment creditor referred to in Subsection (6)(a) shall include:
| (i) |
the name of any judgment creditor, debtor, assignor, or assignee; |
| (ii) |
the date on which the judgment was recorded in the office of the county recorder as described in Subsection (4); and |
| (iii) |
the county recorder’s entry number and book and page of the recorded judgment. |
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| (7) |
A judgment that requires payment of money recorded on or after September 1, 1998, but prior to July 1, 2002, has as its priority the date of entry, except as to parties with actual or constructive knowledge of the judgment. |
| (9) |
| (a) |
To release, assign, renew, or extend a lien created by a judgment recorded in the office of a county recorder, a person shall, in the office of the county recorder of each county in which an instrument creating the lien is recorded, record a document releasing, assigning, renewing, or extending the lien. |
| (b) |
The document described in Subsection (9)(a) shall include:
| (i) |
the date of the release, assignment, renewal, or extension; |
| (ii) |
the name of any judgment creditor, debtor, assignor, or assignee; and |
| (iii) |
for the county in which the document is recorded in accordance with Subsection (9)(a):
| (A) |
the date on which the instrument creating the lien was recorded in that county’s office of the county recorder; and |
| (B) |
in accordance with Section 57-3-106, that county recorder’s entry number and book and page of the recorded instrument creating the judgment lien. |
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Amended by Chapter 401, 2023 General Session
