77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable -- Continuation of the criminal action -- Interest -- Delinquency.

356 words·~2 min read·/ut/title-77/chapter-38b/77-38b-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section, "civil judgment" means an order for:

(a)a civil judgment of restitution; or

(b)a civil accounts receivable.

(2)If the court has entered a civil judgment on the civil judgment docket under Section 77-18-114 , the civil judgment is enforceable under the Utah Rules of Civil Procedure.

(a)Notwithstanding Sections 77-18-114 , 78B-2-311 , and 78B-5-202 , a civil judgment shall expire only upon payment in full, including any applicable interest, collection fees, attorney fees, and liens that directly result from the civil judgment.

(b)Interest on a civil judgment may only accrue from the day on which the civil judgment is entered on the civil judgment docket by the court.

(c)This Subsection

(3)applies to all civil judgments that are not paid in full on or before May 12, 2009.

(4)A civil judgment is considered entered on the civil judgment docket when the civil judgment appears on the court docket with:

(a)an amount owed by the defendant;

(b)the name of the defendant as the judgment debtor; and

(c)the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and (2)(b) .

(5)If a civil judgment becomes delinquent, or is in default, and upon a motion from a judgment creditor, the court may order the defendant to appear and show cause why the defendant should not be held in contempt under Section 78B-6-317 for the delinquency or the default.

(6)Notwithstanding any other provision of law:

(a)a civil judgment is an obligation that arises out of a defendant's criminal case;

(b)a civil judgment is criminal in nature;

(c)the civil enforcement of a civil judgment shall be construed as a continuation of the criminal action for which the civil judgment arises; and

(d)the civil enforcement of a civil judgment does not divest a defendant of an obligation imposed as part of the defendant's punishment in a criminal action.

Amended by Chapter 526 , 2025 General Session