Utah Code 38-5-1. Filing with clerk of district court — Recording with county recorder — Effect
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(1)
Terms Used In Utah Code 38-5-1
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) A person may file in the office of the clerk of a state district court a transcript of a judgment or decree rendered in the district court of the United States within the state.(1)(b) A decree or judgment filed in accordance with Subsection (1)(a) has the same force and effect as a judgment rendered in a state district court.
(2) Except as provided in Subsection (3), if a person records a judgment or an abstract of judgment or decree under Subsection (1) in the office of the county recorder, that judgment or decree becomes a lien in accordance with Section 78B-5-202.
(3) A state agency is exempt from the recording requirement of Subsection (2).
(4)
(4)(a) To release, assign, renew, or extend a lien created by a judgment recorded in the office of a county recorder, a person shall, in the office of the county recorder of each county in which an instrument creating the lien is recorded, record a document releasing, assigning, renewing, or extending the lien.
(4)(b) The document described in Subsection (4)(a) shall include:
(4)(b)(i) the date of the release, assignment, renewal, or extension;
(4)(b)(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
(4)(b)(iii) for the county in which the document is recorded in accordance with Subsection (4)(a):
(4)(b)(iii)(A) the date on which the instrument creating the lien was recorded in that county’s office of the county recorder; and
(4)(b)(iii)(B) in accordance with Section 57-3-106, that county recorder’s entry number and book and page of the recorded instrument creating the judgment lien.