Judgments – Foreign Judgments – Utah
This chapter shall be known and may be cited as the “Utah Foreign Judgment Act.” Title 78, Chap. 22a, §78-22a-1.
Definition — Filing and status of foreign judgments.
(1) As used in this chapter, “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court whose acts are entitled to full faith and credit in this state.
(2) A copy of a foreign judgment authenticated in accordance with an appropriate act of Congress or an appropriate act of Utah may be filed with the clerk of any district court in Utah. The clerk of the district court shall treat the foreign judgment in all respects as a judgment of a district court of Utah.
(3) A foreign judgment filed under this chapter has the same effect and is subject to the same procedures, defenses, enforcement, satisfaction, and proceedings for reopening, vacating, setting aside, or staying as a judgment of a district court of this state. Title 78, Chap. 22a, §78-22a-2.
Notice of filing.
(1) The judgment creditor or attorney for the creditor, at the time of filing a foreign judgment, shall file an affidavit with the clerk of the district court stating the last known post-office address of the judgment debtor and the judgment creditor.
(2) Upon the filing of a foreign judgment and affidavit, the clerk of the district court shall notify the judgment debtor that the judgment has been filed. Notice shall be sent to the address stated in the affidavit. The clerk shall record the date the notice is mailed in the register of actions. The notice shall include the name and post-office address of the judgment creditor and the name and address of the judgment creditor’s attorney, if any.
(3) No execution or other process for the enforcement of a foreign judgment filed under this chapter may issue until 30 days after the judgment is filed. Title 78, Chap. 22a, §78-22a-3.
(1) If an appeal from a foreign judgment is pending, the time for appeal has not expired, or a stay of execution has been granted, the court, upon proof that the judgment debtor has furnished security for satisfaction of the judgment in the state in which the judgment was rendered shall stay enforcement of the judgment until the appeal is concluded, the time for appeal expires, or until the stay of execution expires or is vacated.
(2) If the foreign judgment debtor, upon motion, shows the district court any ground upon which enforcement of a judgment of a district court of this state would be stayed, the court shall stay enforcement of the foreign judgment upon the posting of security in the kind and amount required to stay enforcement of a domestic judgment. Title 78, Chap. 22a, §78-22a-4.
(1) A foreign judgment filed under this chapter becomes a lien as provided in Section 78-22-1 if a stay of execution has not been granted.
(2) If the requirements of this chapter are satisfied, the foreign judgment becomes a lien upon the judgment debtor’s property on the date it is docketed. Title 78, Chap. 22a, §78-22a-5.
This chapter shall not be construed to impair a judgment creditor’s right to bring an action in this state to enforce such creditor’s judgment. Title 78, Chap. 22a, §78-22a-6.
Uniformity of interpretation.
This chapter shall be construed to effectuate the general purpose to make uniform the law of those states which enact it. Title 78, Chap. 22a, §78-22a-8.