Bulletin: UT000018

Dear Associates:

This Bulletin is generated in an effort to dispel some of the lingering confusion regarding recent changes made to the statutes governing Utah courts and judgments attaching to real property. Specifically, the question is, given property in a specific county, which court's reg...

Statutory References

§ 78-22-1. Duration of judgment--Judgment as lien upon real property--Abstract of judgment--Small claims judgment not lien--Appeal of judgment.

(1) Judgments shall continue for eight years unless previously satisfied or unless enforcement of the judgment is stayed in accordance with law.

(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of judgment by a district court is a lien upon the real property of the judgment debtor, not exempt from execution, owned or acquired during the existence of the judgment, located in the county in which the judgment is entered.

(3) Prior to and after July 1, 1997, an abstract of judgment issued by the court in which the judgment is entered may be recorded in any court of this state and shall have the same force and effect as a judgment entered in that court.

(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small claims division of any court shall not qualify as a lien upon real property unless abstracted to the civil division of the district court and recorded in accordance with Subsection (3).

(5) (a) If any judgment is appealed, upon deposit with the court where the notice of appeal is filed of cash or other security in a form and amount considered sufficient by the court that rendered the judgment to secure the full amount of the judgment, together with ongoing interest and any other anticipated damages or costs, including attorney's fees and costs on appeal, the lien created by Subsection (2) shall be terminated as provided in Subsection (5)(b).

(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court shall enter an order terminating the lien created by the judgment under Subsection (2) and granting the judgment creditor a perfected lien in the deposited security as of the date of the original judgment.

Added by Laws 1992, c. 127. Amended by Laws 1997, c. 96, § 1, eff. May 5, 1997; Laws 1998, c. 327, § 2, eff. May 4, 1998; Laws 1999, c. 75, § 1, eff. Mar. 17, 1999.

§ 78-1-2. Merger of district court and circuit court

(1) Effective July 1, 1996, the circuit court shall be merged into the district court. The district court shall have jurisdiction as provided by law for the district court and shall have jurisdiction over all matters filed in the court formerly denominated the circuit court.

(2) The district court shall continue the judicial offices, judges, staff, cases, authority, duties, and all other attributes of the court formerly denominated the circuit court.

(3) Judges of the court formerly denominated the circuit court shall:

(a) on July 1, 1996, be judges of the district court; and

(b) next stand for retention election at the first general election held more than three years after their appointment or at the general election held in the sixth year after their last retention election, as applicable.

Added by Laws 1996, c. 198, § 46, eff. July 1, 1996.

§ 78-22-1.5. Definitions--Judgment recorded in Registry of Judgments.

(1) For purposes of this section, "Registry of Judgments" means the index where a judgment shall be recorded and searchable by the name of the judgment debtor through electronic means or by tangible document.

(2) On or after July 1, 1997, a judgment rendered or recorded in a district court does not create a lien upon or affect the title to real property unless the judgment is recorded 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) In addition to the requirement of Subsection (2), any judgment that is recorded in the Registry of Judgments on or after September 1, 1998, shall include a separate information statement of the judgment creditor that contains:

(a) the correct name and last-known address of each judgment debtor and the address at which each judgment debtor received service of process;

(b) the name and address of the judgment creditor;

(c) the amount of the judgment as entered in the Registry of Judgments;

(d) if known, the judgment debtor's social security number, date of birth, and driver's license number if a natural person; and

(e) whether or not a stay of enforcement has been ordered by the court and the date the stay expires.

(4) For the information required in Subsection (3), 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 judgement was entered; or

(b) state on the separate information statement that the information is unknown or unavailable.

(5)(a) Any judgment that requires payment of money and is recorded on or after September 1, 1998, and is not accompanied by the separate information statement as required in Subsections (3) and (4) may be amended by recording a document entitled "Amendment to Recorded Judgment" in the Registry of Judgments in compliance with Subsections (3) and (4).

(b) The amendment to the recorded judgment shall state the date of recording the original judgment in the Registry of Judgments.

(c) Recording an amendment to a recorded judgment has no effect on the computation of time as provided in Section 78-22-1.

(6) A judgment that requires payment of money recorded on or after September 1, 1998, has as its priority the date of compliance with Subsections (3) and (4).

Added by Laws 1997, c. 96, § 2, eff. May 5, 1997. Amended by Laws 1998, c. 327, § 3, eff. May 4, 1998.

§ 77-18-6. Judgment to pay fine or restitution constitutes a lien

(1) (a) In cases not supervised by the Department of Corrections, the clerk of the district court shall:

(i) transfer the responsibility to collect past due accounts receivable to the Office of State Debt Collection when the accounts receivable are 90 days or more past due; and

(ii) before transferring the responsibility to collect the past due account receivable to the Office of State Debt Collection, record each judgment of conviction of a crime that orders the payment of a fine, forfeiture, surcharge, cost permitted by statute, or fee in the registry of civil judgments, listing the Office of State Debt Collection as the judgment creditor.

(b) (i) The clerk of court shall record each judgment of conviction that orders the payment of restitution to a victim under Section 76-3-201 in the registry of civil judgments, listing the victim, or the estate of the victim, as the judgment creditor.

(ii) The Department of Corrections shall collect the judgment on behalf of the victim as provided in Subsection 77-18-1(9).

(iii) The court shall collect the judgment on behalf of the victim as provided in Subsection 78-7-33(2).

(iv) The victim may collect the judgment.

(v) The victim is responsible for timely renewal of the judgment under Section 78-22-1.

(2) When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry of civil judgments, the judgment:

(a) constitutes a lien;

(b) has the same effect and is subject to the same rules as a judgment for money in a civil action; and

(c) may be collected by any means authorized by law for the collection of a civil judgment.

Added by Laws 1999, c. 279, § 9, eff. May 3, 1999.