HB 82

Enrolled Copy  H.B. 82
1Judgment Information Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Matt MacPherson
  Senate Sponsor: Calvin R. Musselman
2
3  LONG TITLE
4  General Description:
5      This bill addresses information necessary to file a judgment lien against real property.
6  Highlighted Provisions:
7      This bill:
8      ▸ modifies the information required to file a judgment lien against real property if the
9  judgment debtor is an individual; and
10      ▸ makes technical and conforming changes.
11  Money Appropriated in this Bill:
12      None
13  Other Special Clauses:
14      This bill provides a special effective date.
15  Utah Code Sections Affected:
16  AMENDS:
17      78B-5-201, as last amended by Laws of Utah 2025, Chapter 59
18
19  Be it enacted by the Legislature of the state of Utah:
20Section 1. Section 78B-5-201 is amended to read:
2178B-5-201 . Definitions -- Judgment recorded in Registry of Judgments.
22  (1) As used in this part:
23      (a) "Judgment" includes a civil judgment of restitution or a civil account receivable, as
24those terms are defined in Section 77-32b-102.
25      (b) "Registry of Judgments" means the index where a judgment is filed and searchable
26by the name of the judgment debtor through electronic means or by tangible
27document.
28  (2) On or after July 1, 1997, a judgment entered by a court of this state does not create a
 H.B. 82  Enrolled Copy
29lien upon or affect the title to real property unless the judgment is filed in the Registry of
30Judgments of the office of the clerk of the district court of the county in which the
31property is located.
32   (3)(a) On or after July 1, 2002, except as provided in Subsection (3)(b), a judgment
33entered by a court of this state does not create a lien upon or affect the title to real
34property unless the judgment or an abstract of judgment is recorded in the office of
35the county recorder in which the real property of the judgment debtor is located.
36(b) State agencies are exempt from the recording requirement of Subsection (3)(a).
37   (4) In addition to the requirements of Subsections (2) and (3)(a), any judgment that is filed
38in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract
39of judgment that is recorded in the office of a county recorder after July 1, 2002, shall
40include:
41(a) the information identifying the judgment debtor as required under Subsection (4)(b)
42on the judgment or abstract of judgment; or
43(b) a copy of the separate information statement of the judgment creditor that contains:
44(i) the correct name and last-known address of each judgment debtor and the address
45at which each judgment debtor received service of process;
46(ii) the name and address of the judgment creditor;
47(iii) the amount of the judgment as filed in the Registry of Judgments;
48[(iv) if known, the judgment debtor's Social Security number, date of birth, and
49driver's license number if a natural person; and]
50(iv) if known, and if the judgment debtor is an individual, the last four digits of the
51judgment debtor's social security number, the month and year of the judgment
52debtor's birth, and the judgment debtor's driver license number; and
53(v) whether[ or not] a stay of enforcement has been ordered by the court and the date
54the stay expires.
55   (5) For the information required in Subsection (4), the judgment creditor shall:
56(a) provide the information on the separate information statement if known or available
57to the judgment creditor from [its] the judgment creditor's records, [its] the judgment
58creditor's attorney's records, or the court records in the action in which the judgment
59was entered; or
60(b) state on the separate information statement that the information is unknown or
61unavailable.
62   (6)(a) Any judgment that requires payment of money and is entered by a court of this
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 Enrolled Copy  H.B. 82
63      state on or after September 1, 1998, or any judgment or abstract of judgment
64      recorded in the office of a county recorder after July 1, 2002, that does not include
65      the debtor identifying information as required in Subsection (4) is not a lien until a
66      separate information statement of the judgment creditor is recorded in the office of a
67      county recorder in compliance with Subsections (4) and (5).
68      (b) The separate information statement of the judgment creditor referred to in Subsection
69(6)(a) shall include:
70(i) the name of any judgment creditor, debtor, assignor, or assignee;
71(ii) the date on which the judgment was recorded in the office of the county recorder
72as described in Subsection (4); and
73(iii) the county recorder's entry number and book and page of the recorded judgment.
74  (7) A judgment that requires payment of money recorded on or after September 1, 1998, but
75      prior to July 1, 2002, has[ as its] priority based on the date of entry, except as to parties
76      with actual or constructive knowledge of the judgment.
77  (8) A judgment or notice of judgment wrongfully filed against real property is subject to
78      Title 38, Chapter 9, Wrongful Lien Act.
79  (9)(a) To release, assign, renew, or extend a lien created by a judgment recorded in the
80      office of a county recorder, a person shall, in the office of the county recorder of each
81      county in which an instrument creating the lien is recorded, record a document
82      releasing, assigning, renewing, or extending the lien.
83      (b) The document described in Subsection (9)(a) shall include:
84(i) the date of the release, assignment, renewal, or extension;
85(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
86(iii) for the county in which the document is recorded in accordance with Subsection
87(9)(a):
88(A) the date on which the instrument creating the lien was recorded in that
89county's office of the county recorder; and
90(B) in accordance with Section 57-3-106, that county recorder's entry number and
91book and page of the recorded instrument creating the judgment lien.
92Section 2. Effective Date.
93  This bill takes effect on July 1, 2026.
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