Title 77 Utah Code of Criminal Procedure Chapter 38a Crime Victims Restitution Act Section 401 Entry of judgment -- Interest -- Civil actions -- Lien.
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 collection and reasonable attorney fees.
(4) Notwithstanding Section 78B-2-311, a judgment ordering restitution when entered on
the civil judgment docket shall have the same affect and is subject to the same rules as a
judgment in a civil action and expires only upon payment in full, which includes applicable
interest, collection fees, and attorney fees. Interest shall accrue on the amount ordered from the
time of sentencing, including prejudgment interest. This Subsection (4) applies to all restitution
judgements not paid in full on or before May 12, 2009.
(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 111, 2009 General Session
Download Code Section Zipped WordPerfect 77_38a040100.ZIP 2,522 Bytes