38-5 - Judgment Lien - United States Courts

Title 38 > 38-5

Sections (2)

38-5-1 - Filing with clerk of district court — Recording with county recorder — Effect.

38-5-1(1) A person may file in the office of the clerk of a state district court a transcript of a judgment or decree rendered in the district court of the United States within the state. A decree or judgment filed in accordance with Subsection (1)(a) has the same force and effect as a judgment rendered in a state district court. 38-5-1(2) Except as provided in Subsection (3), if a person records a judgment or an abstract of judgment or decree under Subsection (1) in the office of the county recorder, that judgment or decree becomes a lien in accordance with Section 78B-5-202. 38-5-1(3) A state agency is exempt from the recording requirement of Subsection (2). 38-5-1(4) To release, assign, renew, or extend a lien created by a judgment recorded in the office of a county recorder, a person shall, in the office of the county recorder of each county in which an instrument creating the lien is recorded, record a document releasing, assigning, renewing, or extending the lien. The document described in Subsection (4)(a) shall include: the date of the release, assignment, renewal, or extension; the name of any judgment creditor, debtor, assignor, or assignee; and for the county in which the document is recorded in accordance with Subsection (4)(a):

the date on which the instrument creating the lien was recorded in that county’s office of the county recorder; and in accordance with Section 57-3-106, that county recorder’s entry number and book and page of the recorded instrument creating the judgment lien.

38-5-2 - Judicial lien against water rights and related assets of a mutual benefit corporation.

38-5-2(1) As used in this section:

“Judicial lien” is defined in Section 16-6a-119. “Mutual benefit corporation” is defined in Section 16-6a-102. “Water rights and related assets” is defined in Section 16-6a-119. 38-5-2(2) A judicial lien recorded on or after May 12, 2009 against the water rights and related assets of a mutual benefit corporation is subject to Section 16-6a-119.