State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-05 > 78b-5-20178B-5-201. Definitions -- Judgment recorded in Registry of Judgments.
(1) For purposes of this part, "Registry of Judgments" means the index where a judgmentis filed and searchable by the name of the judgment debtor through electronic means or bytangible document.
(2) On or after July 1, 1997, a judgment entered in a district court does not create a lienupon or affect the title to real property unless the judgment is filed in the Registry of Judgmentsof 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 judgmententered in a district court does not create a lien upon or affect the title to real property unless thejudgment or an abstract of judgment is recorded in the office of the county recorder in which thereal property of the judgment debtor is located.
(b) State agencies are exempt from the recording requirement of Subsection (3)(a).
(4) In addition to the requirements of Subsections (2) and (3)(a), any judgment that isfiled in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract ofjudgment that is recorded in the office of a county recorder after July 1, 2002, shall include:
(a) the information identifying the judgment debtor on the judgment or abstract ofjudgment; 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 atwhich 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'slicense number if a natural person; and
(v) whether or not a stay of enforcement has been ordered by the court and the date thestay expires.
(5) For the information required in Subsection (4), the judgment creditor shall:
(a) provide the information on the separate information statement if known or availableto the judgment creditor from its records, its attorney's records, or the court records in the actionin which the judgement was entered; or
(b) state on the separate information statement that the information is unknown orunavailable.
(6) (a) Any judgment that requires payment of money and is entered in a district court onor after September 1, 1998, or any judgment or abstract of judgment recorded in the office of acounty recorder after July 1, 2002, that does not include the debtor identifying information asrequired in Subsection (4) is not a lien until a separate information statement of the judgmentcreditor 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 of recording; and
(iii) the entry number of the original judgment or abstract of judgment.
(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 orconstructive knowledge of the judgment.
(8) A judgment or notice of judgment wrongfully filed against real property is subject toTitle 38, Chapter 9, Wrongful Liens.
Renumbered and Amended by Chapter 3, 2008 General Session
