State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-05 > 78b-5-20278B-5-202. Duration of judgment -- Judgment as a lien upon real property --Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Childsupport orders.
(1) Judgments shall continue for eight years from the date of entry in a court unlesspreviously 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 ofjudgment by a district court creates a lien upon the real property of the judgment debtor, notexempt from execution, owned or acquired during the existence of the judgment, located in thecounty in which the judgment is entered.
(3) An abstract of judgment issued by the court in which the judgment is entered may befiled in any court of this state and shall have the same force and effect as a judgment entered inthat court.
(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small claimsdivision of any court may not qualify as a lien upon real property unless abstracted to the civildivision 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 ofappeal is filed of cash or other security in a form and amount considered sufficient by the courtthat rendered the judgment to secure the full amount of the judgment, together with ongoinginterest and any other anticipated damages or costs, including attorney fees and costs on appeal,the lien created by the judgment shall be terminated as provided in Subsection (5)(b).
(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the courtshall enter an order terminating the lien created by the judgment and granting the judgmentcreditor a perfected lien in the deposited security as of the date of the original judgment.
(6) (a) A child support order or a sum certain judgment for past due support may beenforced:
(i) within four years after the date the youngest child reaches majority; or
(ii) eight years from the date of entry of the sum certain judgment entered by a tribunal.
(b) The longer period of duration shall apply in every order.
(c) A sum certain judgment may be renewed to extend the duration.
(7) (a) After July 1, 2002, a judgment entered by a district court or a justice court in thestate becomes a lien upon real property if:
(i) the judgment or an abstract of the judgment containing the information identifying thejudgment debtor as described in Subsection 78B-5-201(4) is recorded in the office of the countyrecorder; or
(ii) the judgment or an abstract of the judgment and a separate information statement ofthe judgment creditor as described in Subsection 78B-5-201(5) is recorded in the office of thecounty recorder.
(b) The judgment shall run from the date of entry by the district court or justice court.
(c) The real property subject to the lien includes all the real property of the judgmentdebtor:
(i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
(ii) owned or acquired at any time by the judgment debtor during the time the judgmentis effective.
(d) State agencies are exempt from the recording requirement of Subsection (7)(a).
(8) (a) A judgment referred to in Subsection (7) shall be entered under the name of the
judgment debtor in the judgment index in the office of the county recorder as required in Section17-21-6.
(b) A judgment containing a legal description shall also be abstracted in the appropriatetract index in the office of the county recorder.
Renumbered and Amended by Chapter 3, 2008 General Session
