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H.B. 281
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5 AN ACT RELATING TO JUDICIAL CODE; PROVIDING CIRCUMSTANCE UNDER WHICH
6 A JUDGMENT COULD BE TERMINATED.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-22-1, as last amended by Chapter 327, Laws of Utah 1998
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-22-1 is amended to read:
12 78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
13 of judgment -- Small claims judgment not lien.
14 (1) Judgments shall continue for eight years unless previously satisfied or unless
15 enforcement of the judgment is stayed in accordance with law.
16 (2) Prior to July 1, 1997, except as limited by Subsection (4), the entry of judgment by a
17 district court is a lien upon the real property of the judgment debtor, not exempt from execution,
18 owned or acquired during the existence of the judgment, located in the county in which the
19 judgment is entered.
20 (3) Prior to and after July 1, 1997, an abstract of judgment issued by the court in which the
21 judgment is entered may be recorded in any court of this state and shall have the same force and
22 effect as a judgment entered in that court.
23 (4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small claims
24 division of any court shall not qualify as a lien upon real property unless abstracted to the civil
25 division of the district court and recorded in accordance with Subsection (3).
26 (5) In the event any presently existing or future judgment has been or is appealed, upon
27 provision of an undertaking in a form and amount considered sufficient by the court to secure the
28 full amount of the judgment, the lien created by this section terminates.
Legislative Review Note
as of 1-28-99 12:50 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.