Effective 7/1/2021
77-38b-301. Entry of judgment — Interest — Civil actions — Lien — Delinquency.
77-38b-301. Entry of judgment — Interest — Civil actions — Lien — Delinquency.
- (1) As used in this section, “judgment” means an order for:
- (a) a civil judgment of restitution; or
- (b) a civil accounts receivable.
- (2)
- (a) If the court has entered a judgment on the civil judgment docket under Section 77-18-114, the judgment is enforceable under the Utah Rules of Civil Procedure.
- (b)
- (i) Notwithstanding Subsection (2)(a):
- (A) a judgment is an obligation that arises out of the defendant’s criminal case;
- (B) civil enforcement of a judgment shall be construed as a continuation of the criminal action for which the judgment arises; and
- (C) a judgment is criminal in nature.
- (ii) Civil enforcement of a judgment does not divest a defendant of an obligation imposed in a criminal action as part of the defendant’s punishment for an offense.
- (i) Notwithstanding Subsection (2)(a):
- (3)
- (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a judgment shall expire only upon payment in full, including applicable interest, collection fees, attorney fees, and liens that directly result from the judgment.
- (b) Interest on a judgment may only accrue from the day on which the judgment is entered on the civil judgment docket by the court.
- (c) This Subsection (3) applies to all judgments that are not paid in full on or before May 12, 2009.
- (4) A judgment is considered entered on the civil judgment docket when the judgment appears on the civil judgment docket with:
- (a) an amount owed by the defendant;
- (b) the name of the defendant as the judgment debtor; and
- (c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and (2)(b).
- (5) If a civil judgment of restitution becomes delinquent, or is in default, and upon a motion from a judgment creditor, the court may order the defendant to appear and show cause why the defendant should not be held in contempt under Section 78B-6-317 for the delinquency or the default.
Enacted by Chapter 260, 2021 General Session