Enrolled Copy S.B. 326
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Judgment Renewal Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Anthony E. Loubet
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LONG TITLE
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General Description:
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This bill modifies provisions of the Judgment Renewal Act and provisions relating to
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entering and renewing a judgment.
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Highlighted Provisions:
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This bill:
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▸ modifies statute of limitations provisions to provide that a statute of limitations runs from
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the date of renewal of a judgment, not only from the original date of a judgment;
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▸ provides that a renewal of a judgment maintains the date of the original judgment,
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maintains the priority of collection of the original judgment, and unless specifically
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excepted, resets any time limitation for action upon the judgment;
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▸ provides that a judgment may be renewed multiple times; and
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▸ makes conforming changes.
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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-2-311, as renumbered and amended by Laws of Utah 2008, Chapter 3
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78B-5-202, as last amended by Laws of Utah 2023, Chapter 401
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78B-6-1802, as enacted by Laws of Utah 2011, Chapter 22
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78B-6-1804, as enacted by Laws of Utah 2011, Chapter 22
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Be it enacted by the Legislature of the state of Utah: S.B. 326 Enrolled Copy
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Section 1. Section 78B-2-311 is amended to read:
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78B-2-311 . Eight years.
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An action may be brought within eight years upon the date of:
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(1) entry of a judgment or decree of any court of the United States, or of any state or
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territory within the United States[.] ; or
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(2) renewal of a judgment described in Subsection (1) according to the procedures and
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requirements of Title 78B, Chapter 6, Part 18, Renewal of Judgment Act.
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Section 2. Section 78B-5-202 is amended to read:
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78B-5-202 . Duration of judgment -- Judgment as a lien upon real property --
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Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
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support orders.
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(1)(a) Judgments shall continue for eight years from the date of entry in a court unless
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previously satisfied, renewed, or unless enforcement of the judgment is stayed in
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accordance with law.
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(b) Entry of an order renewing a judgment:
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(i) maintains the date of the original judgment;
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(ii) maintains the priority of collection of the judgment; and
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(iii) except as explicitly provided otherwise by law or contract, begins anew the time
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limitation for an action upon the judgment.
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(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of judgment
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by a district court creates a lien upon the real property of the judgment debtor, not
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exempt from execution, owned or acquired during the existence of the judgment, located
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in the county in which the judgment is entered.
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(3) An abstract of judgment issued by the court in which the judgment is entered may be
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filed in any court of this state and shall have the same force and effect as a judgment
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entered in that court.
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(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in a small claims
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action may not qualify as a lien upon real property unless abstracted to the district court
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and recorded in accordance with Subsection (3).
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(5)(a) If any judgment is appealed, upon deposit with the court where the notice of
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appeal is filed of cash or other security in a form and amount considered sufficient by
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the court that rendered the judgment to secure the full amount of the judgment,
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together with ongoing interest and any other anticipated damages or costs, including
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attorney fees and costs on appeal, the lien created by the judgment shall be
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terminated as provided in Subsection (5)(b).
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(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court
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shall enter an order terminating the lien created by the judgment and granting the
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judgment creditor a perfected lien in the deposited security as of the date of the
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original judgment.
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(6)(a) A child support order or a sum certain judgment for past due support may be
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enforced:
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(i) within four years after the date the youngest child reaches majority; or
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(ii) eight years from the date of entry of the sum certain judgment entered by a
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tribunal.
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(b) The longer period of duration shall apply in every order.
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(c) A sum certain judgment may be renewed to extend the duration.
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(7)(a) After July 1, 2002, a judgment entered by a district court, a justice court, or the
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Business and Chancery Court, becomes a lien upon real property if:
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(i) the judgment or an abstract of the judgment containing the information identifying
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the judgment debtor as described in Subsection 78B-5-201(4)(b) is recorded in the
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office of the county recorder; or
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(ii) the judgment or an abstract of the judgment and a separate information statement
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of the judgment creditor as described in Subsection 78B-5-201(5) is recorded in
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the office of the county recorder.
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(b) The judgment shall run from the date of entry by the court.
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(c) The real property subject to the lien includes all the real property of the judgment
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debtor:
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(i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
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(ii) owned or acquired at any time by the judgment debtor during the time the
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judgment is effective.
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(d) State agencies are exempt from the recording requirement of Subsection (7)(a).
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(8)(a) A judgment referred to in Subsection (7) shall be entered under the name of the
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judgment debtor in the judgment index in the office of the county recorder as
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required in Section 17-21-6.
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(b) A judgment containing a legal description shall also be abstracted in the appropriate
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tract index in the office of the county recorder.
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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 3. Section 78B-6-1802 is amended to read:
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78B-6-1802 . Renewal by motion.
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A court of record may renew a judgment issued by a court if:
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(1) a motion is filed within the original action;
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(2) the motion is filed before the statute of limitations on the [original ]judgment, or any
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renewal thereof, expires;
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(3) the motion includes an affidavit that contains an accounting of the [original ]judgment
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and all postjudgment payments, credits, and other adjustments which are provided for by
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law or are contained within the [original ]judgment;
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(4) the facts in the supporting affidavit are determined by the court to be accurate and the
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affidavit affirms that notice was sent to the most current address known for the judgment
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debtor;
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(5) the time for responding to the motion has expired; and
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(6) the fee required by Subsection 78A-2-301(1)(l) has been paid to the clerk of the court.
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Section 4. Section 78B-6-1804 is amended to read:
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78B-6-1804 . Date and duration of judgment.
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Upon granting a motion for the renewal of judgment, the court shall enter an order
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which renews the [original ]judgment from the date of entry of the order [or from the
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scheduled expiration date of the original order, whichever occurs first, for the same amount of
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time as the original judgment] for the amount of time set forth in Subsection 78B-5-202(1).
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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