Utah Judgment records are documents detailing the official decisions of the court regarding the dispute between parties in lawsuits. In Utah, Judgment records are known as the registry of Judgments and entered as permanent court records. Like most Utah court records, interested and eligible persons can request to view or copy judgment records provided they are not restricted.
Records filed in the Utah Registry of Judgment contain names and address details of the plaintiff, defendant, the verdict given by the court, the defendant social security number, date of birth, name of the presiding judge, and court clerk.
What Is A Judgment?
According to the Utah Rule of Civil Procedure, a judgment includes a decree or order which states the claims, rights, and liabilities of all parties involved in a lawsuit as determined by the court. Simply put, it is the verdict a court gives on the entitlement and responsibilities of the plaintiff and defendant during a trial.
Various types of Judgments exist, and they are grouped based on the procedures the parties must follow to obtain the judgment, the issues considered by the court before passing the verdict, and other factors as defined by the court. A Judgment may also be provided verbally or in written formats.
Utah Judgment Laws
The Utah Rules of Civil Procedure (Part VII) describes the Utah judgment laws. These regulations govern the issuing and entering of judgments in the judicial system. It also provides the legal procedures by which plaintiffs and defendants can collect a judgment. It provides the conditions or circumstances in which the court passes different judgment types and the related exemptions.
What is Utah Judgment Lien?
A judgment lien is a ruling or the court which gives the winning party (also known as the judgment creditor) the legal rights or claims to the assets or property of the losing party (judgment debtor). The judgment lien gives the creditor the right to receive a certain amount of money from money made after selling the property. In Utah, a creditor can only attach a judgment lien to 'real' assets (Utah Code Section 75N – 5 201 and 202) and not to personal property (jewelry, artworks, and lots more).
What Is A Utah Summary Judgment?
A summary judgment is a judgment rendered by a court for one party against another party without going through the trial. The court passes this judgment when the facts presented in support of the case are without contentions. In Utah, the court renders a summary judgment if the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits presented show no genuine issue to any fact that may warrant a trial procedure.
The purpose of summary judgment in civil suits is to prevent unworthy cases from going to trial. In other words, it seeks to avoid waste of time and judicial resources.
What is A Summary Judgment Motion In Utah?
In Utah, a motion for Summary Judgment is an application filed when a party involved in a legal suit requests that the court pass a ruling in their favor without a trial. Under Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is permissible when there is no dispute over the material facts relating to a civil lawsuit. However, the party making the motion has to prove that there are sufficient undisputed facts for the judge to make a ruling in line with the requirements of the law.
The facts presented by the party seeking the motion for summary judgment must be clear from the pleadings, depositions, answers to interrogatories, and admissions filed with the court. If a party is opposing a motion for summary judgment, that party must respond by presenting evidence that disputes the facts presented for the case.
Utah Judgment Provision For Filing A Motion For Summary Judgment
The party seeking to recover upon a claim may move for summary judgment once 21 days have passed since the commencement of the proceedings.
The defending party may move for summary judgment at any time no longer than 28 days after the close of all discovery or unless the court states otherwise. When filing a motion for summary judgment, the application must have the following:
- A concise statement of each claim or defense and a clear statement of the relief requested in a single motion
- An explanation for each claim or defense of why the party requests the claim
- Facts and evidence necessary to decide the motion
When effectively applied, this motion can help reduce the time and expenses involved in a case.
Utah Judgment Record Search
The Utah Code of Judicial Administration provides unrestricted access to unsealed and public court records. The Utah judgment record is an example of a public record. Public court records are in both paper and electronic formats for easy access. However, records sealed or expunged are not accessible to the public.
How Do I Look Up a Judgment In Utah?
To look up a judgment in Utah, an interested party can apply the following:
Courthouse application: An individual may visit the courthouse that conducted the hearing and request access to the records. Unless stated otherwise, the party may submit the request in writing to the clerk of the court. To determine the address of a local courthouse, use the Utah State Court directory available on the Utah courts website.
Electronic search via Xchange: Xchange is Utah’s online case management system. It provides summary information about cases in the state. Individuals may also search for judgment records electronically using Xchange. Access to Xchange is available by paid subscription. However, most district courthouses in Utah provide free access to the platform. Interested persons can also enjoy access to Xchange at the State Law Library at no cost.
Individuals may also search for Utah judgment records through third-party sites that offer this service.
What Happens if You Have a Judgment Against You in Utah?
When a Utah court gives a judgment, that judgment is binding upon all parties involved in the litigation. Once the court passes the verdict, it becomes a public record and can appear on the debtor’s credit report and any background check related to the debtor.
Failing to comply with the court judgment does not cancel the verdict against the debtor. Instead, it enables the creditor to take specific legal steps against the debtor. Under the Utah Rules of Civil Procedure, If the debtor does not voluntarily abide by the judgment, the creditor can take legal actions against the debtor.
These actions include using a Judgment lien, writ of garnishment, writ of execution, sale or property, and other means authorized by the court to enforce the judgment.
How Do I Find Out If I Have Any Judgments Against Me In Utah?
A person can visit the court clerk and provide relevant details regarding the case the person seeks. The clerk will make available copies of the documents detailing the judgment.
The court clerk may also send a notice of entry of judgment to the defendant via email or by post. The defending party should regularly check their email or mailbox to see if any notice of entry of judgment has been sent to them by the court. Similarly, an interested party may access judgment records through the Utah online case management system, Xchange.
How Long Does A Judgment Stay On Your Record?
In Utah, court records are permanent and are not subject to change even at the request of any member of the parties involved. Though civil judgment entered in the court records lasts for eight years before it expires (Utah Code 78-12-22), it does not mean that those records are no longer in existence.
However, the defending party can remove the record from their credit report. When the court enters judgment, it remains on the credit files for seven years from the filing date (except in cases where the statutes of limitations expire first). Once a judgment has been paid, a 'satisfaction of judgment' will be filed with the court. Once the defendant obeys the court order, the credit report will be updated consequently.
How To Enforce A Judgment In Utah?
A judgment gives the winning party involved in a suit the legal rights to obtain damages or debts (money or property) from the other. But the task of ensuring that the losing party pays the damages rests on the shoulders of the winning party or creditor.
In Utah, the Rule of Civil Procedure Chapter 64 provides some steps to enforce a judgment where the debtor fails to satisfy the judgment:
Writ of Execution - A court can serve a writ of execution to seize and sell property owned by the debtor to pay the creditor. Through this writ, the court empowers the county Sherriff to take over the debtor’s property and sell it off to pay the creditor.
Writ of garnishment- served to the employer of the defending party, requiring the employer to pay the creditor a portion of the debtor’s wages (25% of net earnings). This writ is effective if the debtor receives a regular paycheck. The court may also issue a Writ of garnishment to the debtor’s bank to transfer money from the debtor to the creditor. The writ also enables the creditor to receive money from third parties owing to the debtor.
The court does not serve writs immediately after it passes a judgment; a creditor has to apply for it. However, the creditor has to allow a stay period of 14 days after the court enters the judgment before tendering a writ application.
How To Collect A Judgment In Utah
Enforcing and collecting judgment refers to the same thing. Once the court enters judgment, the creditor is required to send the debtor a notice of judgment. The creditor can also reach out to the debtor to discuss a possible settlement or a payment installment plan, but if the debtor fails to pay the judgment willingly, the creditor must take steps to collect it as stated above.
Before the court issues a writ, the creditor must request a court hearing to assess the debtor's property. If the debtor responds three days before the hearing, the creditor will cancel the hearing. Alternatively, the creditor may also send a written interrogation to the debtor. If the debtor fails to respond accordingly, the court can issue a writ for the creditor.
What Happens if a Defendant Does Not Pay a Judgment in Utah?
Failure to pay judgment can have very negative consequences for the defendant. First, this action gives the creditor permission to take the money from the defendant without their consent. The defendant may lose assets and wages as the creditor could serve a writ of execution or garnishment against the defendant.
Also, the more a defendant delays payment, it results in post-judgment costs and interest. The amount owed to the creditor increases as all judgments in Utah accrue interest yearly. Since judgment debts also appear on public records, failure to pay a judgment debt can negatively influence their credit score. Unpaid judgments will make it harder for them to access loans, credit cards, and utilities.
What Personal Property Can Be Seized in a Judgment in Utah?
In Utah, the law allows creditors to seize a property to enforce the court's judgment. However, the creditor can only take properties owned by a debtor such as a house, condo, land, or similar property interest or personal properties (jewelry, cars, income, farm produce, securities, and lots more).
However, the law exempts some personal property from being collected to satisfy a judgment. These include homesteads, burial plots, health aids considered necessary, and other provisions stipulated in the Utah Exemptions Act. If a creditor tries to seize the assets unlawfully, the debtor may ask a court to stop the creditor from taking exempt property.
Utah Judgment Interest Rate
Under Utah Code Section 15-1-4, civil judgments allow interest at 2% in addition to the federal interest rate for the year in which the court entered the judgment. Note that the rate recorded for the judgment debt when the court entered it remains the same rate even if the federal rate changes over time.
What is a Default Judgment?
A default judgment is a ruling awarded to a party involved in a suit when the other party (usually the defendant) fails to appear in a court hearing or respond to the accusations against them.
To get a judgment by default, the party that shows up in court has to serve the defending party with the summons, and the petition, file proof of service with the court, and afterward wait at least 21 days or 30 days if the defending party is outside Utah. The court is likely to give a verdict in favor of the party present during the hearing.
According to state law, a court may pass a default judgment once the defendant fails to respond to the complaint within the stipulated period. However, if the defendant has a reason to oppose the verdict passed, the defendant may file a motion to vacate the judgment.
How to File a Motion to Set Aside Default Judgment in Utah
A motion to set aside default Judgment is an application filed to request a reversal of the judgment passed in a lawsuit and continue the trial without considering the previous ruling.
To file a motion to set aside the default judgment, the defending party must obtain and review the court documents relating to the case and fill the required court documents. This document will include a motion to delay enforcement of the judgment till the judge responds to the request to vacate the judgment. The party requesting a delay in enforcing judgment has to defend their inability to appear in court during the initial hearing. They are to respond within three months of the default judgment.
File Motion To Vacate Judgment in Utah
To vacate a judgment in Utah means to aside. A court can set aside the judgment passed if a party involved in a case expresses dissatisfaction and files a motion in line with the Rules of Civil Procedure 55 and 60b. In the case of a default judgment, the laws provide the legal ground for filing this motion, and these include:
- Proof of a clerical mistake, inadvertence, surprise, or excusable neglect
- New evidence emerges after the initial hearing
- Fraud, misrepresentation, or other wrongdoings of the other party involved
- Void judgment
The party asking to set aside a motion must do this within a reasonable time after the court has passed judgment. In line with the time requirement, the moving party has 90 days to file the motion.
How To Remove An Abstract Of Judgment In Utah
An abstract of judgment is a document that shows the details of a judgment verdict passed by the court regarding a lawsuit. The document contains details such as the date the court gave judgment, the damages awarded to the winning party, and the contact details of the parties involved. The winning party in a lawsuit can use the abstract as a lien against the debtor in a suit.
To remove an abstract of judgment, the debtor or defendant has to fulfill the judgment debt. Once sorted, the creditor files a document showing that the debtor has paid in full (Satisfaction of Judgment). If the creditor does not file the satisfaction of judgment, the debtor may approach the court file a Release of Abstract of Judgment. But note that once the verdict expires, the abstract of judgment becomes invalid.
How Long Is a Judgment Good For In Utah?
A judgment is good for eight years in Utah. Once the stipulated period expires, it becomes void, and the losing party will not be liable to any more debt. However, the winning party may decide to renew the judgment. To do this, the winning party has to tender an application in court.
Utah Judgment Statute of Limitations Law
The statute of limitations for renewing a civil judgment in Utah is eight years. During this period, the creditor may decide to renew or extend the judgment entered by the court. However, the creditor must file the lawsuit before the eight years expires. Section 78B-2-31.1 of the Utah Code explains how to use this provision.
