33-968. Erroneously identified property owner;
lien; release
A. If a recorded money judgment or a certified copy of a money judgment appears to
create a judgment lien on the real property of a person who is not the judgment debtor
because the name of the property owner is the same as or similar to that of the judgment
debtor, the erroneously identified property owner may deliver to the judgment creditor a
written demand for a recordable document that releases the lien. The demand shall be
accompanied by reasonable proof that the property owner is not the judgment debtor and
that the property is not subject to enforcement of the judgment against the judgment
debtor.
B. Within fifteen days after receipt of the property owner's demand and compliance
with subsection A, the judgment creditor shall deliver to the property owner a recordable
document that releases the lien on the property of that owner. If the judgment creditor
improperly fails to deliver a recordable document within that time, the judgment creditor
is liable to the property owner for all damages incurred by reason of the failure and is
presumed liable for at least five hundred dollars.
C. If the judgment creditor does not deliver a document as prescribed by subsection
B, the property owner may apply to the court for an order releasing the judgment
lien. The application shall be served on the judgment creditor. On presentation of
evidence satisfactory to the court that the property is not subject to the judgment, the
court shall order the judgment creditor to prepare and deliver a recordable document that
releases the lien or by order of the court may release the judgment lien on the
property. The order may be recorded in the office of the county recorder in the county
where the property is located and shall release the judgment lien on the property.
D. The court shall award reasonable attorney fees to the prevailing party in any
action pursuant to this section.
E. The damages and other remedies provided by this section are not in derogation of
any other remedy that a person may be entitled to by law.
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