77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the court
shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil
judgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules of
Civil Procedure. In addition, the department may, on behalf of the person in whose favor the
restitution order is entered, enforce the restitution order as judgment creditor under the Utah
Rules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim or
department elects to pursue collection of the order by civil process, the victim shall be entitled to
recover reasonable attorney's fees.
(4) A judgment ordering restitution when recorded in a registry of judgments docket shall
have the same affect and is subject to the same rules as a judgment in a civil action. Interest shall
accrue on the amount ordered from the time of sentencing, including prejudgment interest.
(5) The department shall make rules permitting the restitution payments to be credited to
principal first and the remainder of payments credited to interest in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session
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Last revised: Friday, December 12, 2008