Utah Code
Page 1
Part 3
Utah Foreign Judgment Act
78B-5-301 Title.
This part is known as the "Utah Foreign Judgment Act."
Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-302 Definition -- Filing and status of foreign judgments.
(1) As used in this part, "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 part 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.
Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-303 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 part
may issue until 30 days after the judgment is filed.
Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-304 Stay.
(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.
Renumbered and Amended by Chapter 3, 2008 General Session
Utah Code
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78B-5-305 Lien.
(1) A foreign judgment entered in a district court under this part becomes a lien as provided in
Section 78B-5-202 if:
(a) a stay of execution has not been granted;
(b) the requirements of this chapter are satisfied; and
(c) the judgment is recorded in the office of the county recorder where the property of the
judgment debtor is located, as provided in Section 78B-5-202.
(2) The lien becomes effective at the time and date of recording and expires eight years after date
of entry by the court in the foreign jurisdiction unless renewed in Utah as required by Utah law.
Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-306 Optional procedure.
This part may not be construed to impair a judgment creditor's right to bring an action in this
state to enforce the creditor's judgment.
Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-307 Uniformity of interpretation.
This part shall be construed to effectuate the general purpose to make uniform the law of those
states which enact it.
Renumbered and Amended by Chapter 3, 2008 General Session