77-38a-401 - Entry of judgment -- Interest -- Civil actions -- Lien. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-38a > 77-38a-401

77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the courtshall enter an order of complete restitution as defined in Section 77-38a-302 on the civiljudgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules ofCivil Procedure. In addition, the department may, on behalf of the person in whose favor therestitution order is entered, enforce the restitution order as judgment creditor under the UtahRules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim ordepartment elects to pursue collection of the order by civil process, the victim shall be entitled torecover collection and reasonable attorney fees.
(4) Notwithstanding Section 78B-2-311, a judgment ordering restitution when entered onthe civil judgment docket shall have the same affect and is subject to the same rules as ajudgment in a civil action and expires only upon payment in full, which includes applicableinterest, collection fees, and attorney fees. Interest shall accrue on the amount ordered from thetime of sentencing, including prejudgment interest. This Subsection (4) applies to all restitutionjudgements not paid in full on or before May 12, 2009.
(5) The department shall make rules permitting the restitution payments to be credited toprincipal first and the remainder of payments credited to interest in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 111, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-38a > 77-38a-401

77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the courtshall enter an order of complete restitution as defined in Section 77-38a-302 on the civiljudgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules ofCivil Procedure. In addition, the department may, on behalf of the person in whose favor therestitution order is entered, enforce the restitution order as judgment creditor under the UtahRules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim ordepartment elects to pursue collection of the order by civil process, the victim shall be entitled torecover collection and reasonable attorney fees.
(4) Notwithstanding Section 78B-2-311, a judgment ordering restitution when entered onthe civil judgment docket shall have the same affect and is subject to the same rules as ajudgment in a civil action and expires only upon payment in full, which includes applicableinterest, collection fees, and attorney fees. Interest shall accrue on the amount ordered from thetime of sentencing, including prejudgment interest. This Subsection (4) applies to all restitutionjudgements not paid in full on or before May 12, 2009.
(5) The department shall make rules permitting the restitution payments to be credited toprincipal first and the remainder of payments credited to interest in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 111, 2009 General Session

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-38a > 77-38a-401

77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the courtshall enter an order of complete restitution as defined in Section 77-38a-302 on the civiljudgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules ofCivil Procedure. In addition, the department may, on behalf of the person in whose favor therestitution order is entered, enforce the restitution order as judgment creditor under the UtahRules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim ordepartment elects to pursue collection of the order by civil process, the victim shall be entitled torecover collection and reasonable attorney fees.
(4) Notwithstanding Section 78B-2-311, a judgment ordering restitution when entered onthe civil judgment docket shall have the same affect and is subject to the same rules as ajudgment in a civil action and expires only upon payment in full, which includes applicableinterest, collection fees, and attorney fees. Interest shall accrue on the amount ordered from thetime of sentencing, including prejudgment interest. This Subsection (4) applies to all restitutionjudgements not paid in full on or before May 12, 2009.
(5) The department shall make rules permitting the restitution payments to be credited toprincipal first and the remainder of payments credited to interest in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 111, 2009 General Session