Utah 2025 Regular Session

Utah House Bill HB0538 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-21 13:31 H.B. 538
2	2	1
3	3	Judgment Information Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Matt MacPherson
7	7	Senate Sponsor:
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10	10	3
11	11	LONG TITLE
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13	13	General Description:
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15	15	This bill addresses information necessary to file a judgment lien against real property.
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17	17	Highlighted Provisions:
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19	19	This bill:
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21	21	▸ provides that to record a judgment, a person shall include a copy of the judgment that
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23	23	contains, if known, the last four digits of the judgment debtor's social security number,
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25	25	the month and year of the judgment debtor's birth, and the judgment debtor's driver
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27	27	license number if a natural person.
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29	29	Money Appropriated in this Bill:
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31	31	None
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33	33	Other Special Clauses:
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35	35	None
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37	37	Utah Code Sections Affected:
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39	39	AMENDS:
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41	41	78B-5-201, as last amended by Laws of Utah 2023, Chapter 401
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45	45	Be it enacted by the Legislature of the state of Utah:
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47	47	Section 1. Section 78B-5-201 is amended to read:
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49	49	78B-5-201 . Definitions -- Judgment recorded in Registry of Judgments.
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51	51	(1) As used in this part, "Registry of Judgments" means the index where a judgment is filed
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53	53	and searchable by the name of the judgment debtor through electronic means or by
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55	55	tangible document.
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57	57	(2) On or after July 1, 1997, a judgment entered by a court of this state does not create a
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59	59	lien upon or affect the title to real property unless the judgment is filed in the Registry of
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61	61	Judgments of the office of the clerk of the district court of the county in which the
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63	63	property is located.
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65	65	(3)(a) On or after July 1, 2002, except as provided in Subsection (3)(b), a judgment
66	66	H.B. 538 H.B. 538 02-21 13:31
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68	68	entered by a court of this state does not create a lien upon or affect the title to real
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70	70	property unless the judgment or an abstract of judgment is recorded in the office of
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72	72	the county recorder in which the real property of the judgment debtor is located.
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74	74	(b) State agencies are exempt from the recording requirement of Subsection (3)(a).
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76	76	(4) In addition to the requirements of Subsections (2) and (3)(a), any judgment that is filed
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78	78	in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract
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80	80	of judgment that is recorded in the office of a county recorder after July 1, 2002, shall
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82	82	include:
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84	84	(a) the information identifying the judgment debtor as required under Subsection (4)(b)
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86	86	on the judgment or abstract of judgment; or
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88	88	(b) a copy of the separate information statement of the judgment creditor that contains:
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90	90	(i) the correct name and last-known address of each judgment debtor and the address
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92	92	at which each judgment debtor received service of process;
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94	94	(ii) the name and address of the judgment creditor;
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96	96	(iii) the amount of the judgment as filed in the Registry of Judgments;
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98	98	(iv) if known, the last four digits of the judgment debtor's [Social Security] social
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100	100	security number, [date of] the month and year of the judgment debtor's birth, and
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102	102	the judgment debtor's driver [driver's] license number if a natural person; and
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104	104	(v) whether or not a stay of enforcement has been ordered by the court and the date
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106	106	the stay expires.
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108	108	(5) For the information required in Subsection (4), the judgment creditor shall:
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110	110	(a) provide the information on the separate information statement if known or available
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112	112	to the judgment creditor from its records, its attorney's records, or the court records in
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114	114	the action in which the judgment was entered; or
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116	116	(b) state on the separate information statement that the information is unknown or
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118	118	unavailable.
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120	120	(6)(a) Any judgment that requires payment of money and is entered by a court of this
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122	122	state on or after September 1, 1998, or any judgment or abstract of judgment
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124	124	recorded in the office of a county recorder after July 1, 2002, that does not include
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126	126	the debtor identifying information as required in Subsection (4) is not a lien until a
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128	128	separate information statement of the judgment creditor is recorded in the office of a
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130	130	county recorder in compliance with Subsections (4) and (5).
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132	132	(b) The separate information statement of the judgment creditor referred to in Subsection
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134	134	(6)(a) shall include:
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137	137	(i) the name of any judgment creditor, debtor, assignor, or assignee;
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139	139	(ii) the date on which the judgment was recorded in the office of the county recorder
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141	141	as described in Subsection (4); and
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143	143	(iii) the county recorder's entry number and book and page of the recorded judgment.
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145	145	(7) A judgment that requires payment of money recorded on or after September 1, 1998, but
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147	147	prior to July 1, 2002, has as its priority the date of entry, except as to parties with actual
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149	149	or constructive knowledge of the judgment.
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151	151	(8) A judgment or notice of judgment wrongfully filed against real property is subject to
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153	153	Title 38, Chapter 9, Wrongful Lien Act.
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155	155	(9)(a) To release, assign, renew, or extend a lien created by a judgment recorded in the
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157	157	office of a county recorder, a person shall, in the office of the county recorder of each
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159	159	county in which an instrument creating the lien is recorded, record a document
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161	161	releasing, assigning, renewing, or extending the lien.
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163	163	(b) The document described in Subsection (9)(a) shall include:
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165	165	(i) the date of the release, assignment, renewal, or extension;
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167	167	(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
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169	169	(iii) for the county in which the document is recorded in accordance with Subsection
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171	171	(9)(a):
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173	173	(A) the date on which the instrument creating the lien was recorded in that
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175	175	county's office of the county recorder; and
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177	177	(B) in accordance with Section 57-3-106, that county recorder's entry number and
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179	179	book and page of the recorded instrument creating the judgment lien.
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181	181	Section 2. Effective Date.
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183	183	This bill takes effect on May 7, 2025.
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