02-21 13:31 H.B. 538
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Judgment Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses information necessary to file a judgment lien against real property.
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Highlighted Provisions:
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This bill:
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▸ provides that to record a judgment, a person shall include a copy of the judgment that
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contains, if known, the last four digits of the judgment debtor's social security number,
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the month and year of the judgment debtor's birth, and the judgment debtor's driver
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license number if a natural person.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-5-201, as last amended by Laws of Utah 2023, Chapter 401
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-5-201 is amended to read:
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78B-5-201 . Definitions -- Judgment recorded in Registry of Judgments.
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(1) As used in this part, "Registry of Judgments" means the index where a judgment is filed
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and searchable by the name of the judgment debtor through electronic means or by
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tangible document.
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(2) On or after July 1, 1997, a judgment entered by a court of this state does not create a
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lien upon or affect the title to real property unless the judgment is filed in the Registry of
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Judgments of the office of the clerk of the district court of the county in which the
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property is located.
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(3)(a) On or after July 1, 2002, except as provided in Subsection (3)(b), a judgment
H.B. 538 H.B. 538 02-21 13:31
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entered by a court of this state does not create a lien upon or affect the title to real
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property unless the judgment or an abstract of judgment is recorded in the office of
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the county recorder in which the real property of the judgment debtor is located.
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(b) State agencies are exempt from the recording requirement of Subsection (3)(a).
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(4) In addition to the requirements of Subsections (2) and (3)(a), any judgment that is filed
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in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract
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of judgment that is recorded in the office of a county recorder after July 1, 2002, shall
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include:
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(a) the information identifying the judgment debtor as required under Subsection (4)(b)
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on the judgment or abstract of judgment; or
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(b) a copy of the separate information statement of the judgment creditor that contains:
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(i) the correct name and last-known address of each judgment debtor and the address
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at which each judgment debtor received service of process;
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(ii) the name and address of the judgment creditor;
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(iii) the amount of the judgment as filed in the Registry of Judgments;
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(iv) if known, the last four digits of the judgment debtor's [Social Security] social
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security number, [date of] the month and year of the judgment debtor's birth, and
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the judgment debtor's driver [driver's] license number if a natural person; and
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(v) whether or not a stay of enforcement has been ordered by the court and the date
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the stay expires.
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(5) For the information required in Subsection (4), the judgment creditor shall:
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(a) provide the information on the separate information statement if known or available
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to the judgment creditor from its records, its attorney's records, or the court records in
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the action in which the judgment was entered; or
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(b) state on the separate information statement that the information is unknown or
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unavailable.
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(6)(a) Any judgment that requires payment of money and is entered by a court of this
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state on or after September 1, 1998, or any judgment or abstract of judgment
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recorded in the office of a county recorder after July 1, 2002, that does not include
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the debtor identifying information as required in Subsection (4) is not a lien until a
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separate information statement of the judgment creditor is recorded in the office of a
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county recorder in compliance with Subsections (4) and (5).
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(b) The separate information statement of the judgment creditor referred to in Subsection
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(6)(a) shall include:
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(i) the name of any judgment creditor, debtor, assignor, or assignee;
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(ii) the date on which the judgment was recorded in the office of the county recorder
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as described in Subsection (4); and
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(iii) the county recorder's entry number and book and page of the recorded judgment.
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(7) A judgment that requires payment of money recorded on or after September 1, 1998, but
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prior to July 1, 2002, has as its priority the date of entry, except as to parties with actual
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or constructive knowledge of the judgment.
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(8) A judgment or notice of judgment wrongfully filed against real property is subject to
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Title 38, Chapter 9, Wrongful Lien Act.
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(9)(a) To release, assign, renew, or extend a lien created by a judgment recorded in the
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office of a county recorder, a person shall, in the office of the county recorder of each
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county in which an instrument creating the lien is recorded, record a document
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releasing, assigning, renewing, or extending the lien.
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(b) The document described in Subsection (9)(a) shall include:
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(i) the date of the release, assignment, renewal, or extension;
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(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
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(iii) for the county in which the document is recorded in accordance with Subsection
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(9)(a):
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(A) the date on which the instrument creating the lien was recorded in that
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county's office of the county recorder; and
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(B) in accordance with Section 57-3-106, that county recorder's entry number and
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book and page of the recorded instrument creating the judgment lien.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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