Utah 2025 Regular Session

Utah Senate Bill SB0326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ S.B. 326
	1	+	02-24 07:50 S.B. 326
2	2		1
3	3		Judgment Renewal Modifications
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Todd Weiler
7		-	House Sponsor: ~~Anthony E. Loubet~~
	7	+	House Sponsor:
8	8		2
9	9
10	10		3
11	11		LONG TITLE
12	12		4
13	13		General Description:
14	14		5
15	15		This bill modifies provisions of the Judgment Renewal Act and provisions relating to
16	16		6
17	17		entering and renewing a judgment.
18	18		7
19	19		Highlighted Provisions:
20	20		8
21	21		This bill:
22	22		9
23	23		▸ modifies statute of limitations provisions to provide that a statute of limitations runs from
24	24		10
25	25		the date of renewal of a judgment, not only from the original date of a judgment;
26	26		11
27	27		▸ provides that a renewal of a judgment maintains the date of the original judgment,
28	28		12
29	29		maintains the priority of collection of the original judgment, and unless specifically
30	30		13
31	31		excepted, resets any time limitation for action upon the judgment;
32	32		14
33	33		▸ provides that a judgment may be renewed multiple times; and
34	34		15
35	35		▸ makes conforming changes.
36	36		16
37	37		Money Appropriated in this Bill:
38	38		17
39	39		None
40	40		18
41	41		Other Special Clauses:
42	42		19
43	43		None
44	44		20
45	45		Utah Code Sections Affected:
46	46		21
47	47		AMENDS:
48	48		22
49	49		78B-2-311, as renumbered and amended by Laws of Utah 2008, Chapter 3
50	50		23
51	51		78B-5-202, as last amended by Laws of Utah 2023, Chapter 401
52	52		24
53	53		78B-6-1802, as enacted by Laws of Utah 2011, Chapter 22
54	54		25
55	55		78B-6-1804, as enacted by Laws of Utah 2011, Chapter 22
56	56		26
57	57
58	58		27
59		-	Be it enacted by the Legislature of the state of Utah: ~~S.B. 326 Enrolled Copy~~
	59	+	Be it enacted by the Legislature of the state of Utah:
60	60		28
61	61		Section 1. Section 78B-2-311 is amended to read:
62	62		29
63	63		78B-2-311 . Eight years.
64	64		30
65	65		An action may be brought within eight years upon the date of:
	66	+	S.B. 326 S.B. 326 02-24 07:50
66	67		31
67	68		(1) entry of a judgment or decree of any court of the United States, or of any state or
68	69		32
69	70		territory within the United States[.] ; or
70	71		33
71	72		(2) renewal of a judgment described in Subsection (1) according to the procedures and
72	73		34
73	74		requirements of Title 78B, Chapter 6, Part 18, Renewal of Judgment Act.
74	75		35
75	76		Section 2. Section 78B-5-202 is amended to read:
76	77		36
77	78		78B-5-202 . Duration of judgment -- Judgment as a lien upon real property --
78	79		37
79	80		Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
80	81		38
81	82		support orders.
82	83		39
83	84		(1)(a) Judgments shall continue for eight years from the date of entry in a court unless
84	85		40
85	86		previously satisfied, renewed, or unless enforcement of the judgment is stayed in
86	87		41
87	88		accordance with law.
88	89		42
89	90		(b) Entry of an order renewing a judgment:
90	91		43
91	92		(i) maintains the date of the original judgment;
92	93		44
93	94		(ii) maintains the priority of collection of the judgment; and
94	95		45
95	96		(iii) except as explicitly provided otherwise by law or contract, begins anew the time
96	97		46
97	98		limitation for an action upon the judgment.
98	99		47
99	100		(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of judgment
100	101		48
101	102		by a district court creates a lien upon the real property of the judgment debtor, not
102	103		49
103	104		exempt from execution, owned or acquired during the existence of the judgment, located
104	105		50
105	106		in the county in which the judgment is entered.
106	107		51
107	108		(3) An abstract of judgment issued by the court in which the judgment is entered may be
108	109		52
109	110		filed in any court of this state and shall have the same force and effect as a judgment
110	111		53
111	112		entered in that court.
112	113		54
113	114		(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in a small claims
114	115		55
115	116		action may not qualify as a lien upon real property unless abstracted to the district court
116	117		56
117	118		and recorded in accordance with Subsection (3).
118	119		57
119	120		(5)(a) If any judgment is appealed, upon deposit with the court where the notice of
120	121		58
121	122		appeal is filed of cash or other security in a form and amount considered sufficient by
122	123		59
123	124		the court that rendered the judgment to secure the full amount of the judgment,
124	125		60
125	126		together with ongoing interest and any other anticipated damages or costs, including
126	127		61
127	128		attorney fees and costs on appeal, the lien created by the judgment shall be
128		-	- 2 - Enrolled Copy S.B. 326
129	129		62
130	130		terminated as provided in Subsection (5)(b).
131	131		63
132	132		(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court
133	133		64
134	134		shall enter an order terminating the lien created by the judgment and granting the
	135	+	- 2 - 02-24 07:50 S.B. 326
135	136		65
136	137		judgment creditor a perfected lien in the deposited security as of the date of the
137	138		66
138	139		original judgment.
139	140		67
140	141		(6)(a) A child support order or a sum certain judgment for past due support may be
141	142		68
142	143		enforced:
143	144		69
144	145		(i) within four years after the date the youngest child reaches majority; or
145	146		70
146	147		(ii) eight years from the date of entry of the sum certain judgment entered by a
147	148		71
148	149		tribunal.
149	150		72
150	151		(b) The longer period of duration shall apply in every order.
151	152		73
152	153		(c) A sum certain judgment may be renewed to extend the duration.
153	154		74
154	155		(7)(a) After July 1, 2002, a judgment entered by a district court, a justice court, or the
155	156		75
156	157		Business and Chancery Court, becomes a lien upon real property if:
157	158		76
158	159		(i) the judgment or an abstract of the judgment containing the information identifying
159	160		77
160	161		the judgment debtor as described in Subsection 78B-5-201(4)(b) is recorded in the
161	162		78
162	163		office of the county recorder; or
163	164		79
164	165		(ii) the judgment or an abstract of the judgment and a separate information statement
165	166		80
166	167		of the judgment creditor as described in Subsection 78B-5-201(5) is recorded in
167	168		81
168	169		the office of the county recorder.
169	170		82
170	171		(b) The judgment shall run from the date of entry by the court.
171	172		83
172	173		(c) The real property subject to the lien includes all the real property of the judgment
173	174		84
174	175		debtor:
175	176		85
176	177		(i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
177	178		86
178	179		(ii) owned or acquired at any time by the judgment debtor during the time the
179	180		87
180	181		judgment is effective.
181	182		88
182	183		(d) State agencies are exempt from the recording requirement of Subsection (7)(a).
183	184		89
184	185		(8)(a) A judgment referred to in Subsection (7) shall be entered under the name of the
185	186		90
186	187		judgment debtor in the judgment index in the office of the county recorder as
187	188		91
188	189		required in Section 17-21-6.
189	190		92
190	191		(b) A judgment containing a legal description shall also be abstracted in the appropriate
191	192		93
192	193		tract index in the office of the county recorder.
193	194		94
194	195		(9)(a) To release, assign, renew, or extend a lien created by a judgment recorded in the
195	196		95
196	197		office of a county recorder, a person shall, in the office of the county recorder of each
197		-	- 3 - S.B. 326 Enrolled Copy
198	198		96
199	199		county in which an instrument creating the lien is recorded, record a document
200	200		97
201	201		releasing, assigning, renewing, or extending the lien.
202	202		98
203	203		(b) The document described in Subsection (9)(a) shall include:
	204	+	- 3 - S.B. 326 02-24 07:50
204	205		99
205	206		(i) the date of the release, assignment, renewal, or extension;
206	207		100
207	208		(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
208	209		101
209	210		(iii) for the county in which the document is recorded in accordance with Subsection
210	211		102
211	212		(9)(a):
212	213		103
213	214		(A) the date on which the instrument creating the lien was recorded in that
214	215		104
215	216		county's office of the county recorder; and
216	217		105
217	218		(B) in accordance with Section 57-3-106, that county recorder's entry number and
218	219		106
219	220		book and page of the recorded instrument creating the judgment lien.
220	221		107
221	222		Section 3. Section 78B-6-1802 is amended to read:
222	223		108
223	224		78B-6-1802 . Renewal by motion.
224	225		109
225	226		A court of record may renew a judgment issued by a court if:
226	227		110
227	228		(1) a motion is filed within the original action;
228	229		111
229	230		(2) the motion is filed before the statute of limitations on the [original ]judgment, or any
230	231		112
231	232		renewal thereof, expires;
232	233		113
233	234		(3) the motion includes an affidavit that contains an accounting of the [original ]judgment
234	235		114
235	236		and all postjudgment payments, credits, and other adjustments which are provided for by
236	237		115
237	238		law or are contained within the [original ]judgment;
238	239		116
239	240		(4) the facts in the supporting affidavit are determined by the court to be accurate and the
240	241		117
241	242		affidavit affirms that notice was sent to the most current address known for the judgment
242	243		118
243	244		debtor;
244	245		119
245	246		(5) the time for responding to the motion has expired; and
246	247		120
247	248		(6) the fee required by Subsection 78A-2-301(1)(l) has been paid to the clerk of the court.
248	249		121
249	250		Section 4. Section 78B-6-1804 is amended to read:
250	251		122
251	252		78B-6-1804 . Date and duration of judgment.
252	253		123
253	254		Upon granting a motion for the renewal of judgment, the court shall enter an order
254	255		124
255	256		which renews the [original ]judgment from the date of entry of the order [or from the
256	257		125
257	258		scheduled expiration date of the original order, whichever occurs first, for the same amount of
258	259		126
259	260		time as the original judgment] for the amount of time set forth in Subsection 78B-5-202(1).
260	261		127
261	262		Section 5. Effective Date.
262	263		128
263	264		This bill takes effect on May 7, 2025.
264	265		- 4 -