Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 538 (2025GS)

Sponsor

Rep. MacPherson, Matt

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that to record a judgment, a person shall include a copy of the judgment that contains, if known, the last four digits of the judgment debtor's social security number, the month and year of the judgment debtor's birth, and the judgment debtor's driver license number if a natural person.

Every vote on this bill

Bill text

3
78B-5-201
Judgment Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses information necessary to file a judgment lien against real property. 
Highlighted Provisions:
This bill:
provides that to record a judgment, a person shall include a copy of the judgment that 
contains, if known, the last four digits of the judgment debtor's social security number, 
the month and year of the judgment debtor's birth, and the judgment debtor's driver 
license number if a natural person.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-5-201
, as last amended by Laws of Utah 2023, Chapter 401
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-5-201
 is amended to read:
78B-5-201. Definitions -- Judgment recorded in Registry of Judgments.
(1)
As used in this part, "Registry of Judgments" means the index where a judgment is filed 
and searchable by the name of the judgment debtor through electronic means or by 
tangible document.
(2)
On or after July 1, 1997, a judgment entered by a court of this state does not create a 
lien upon or affect the title to real property unless the judgment is filed in the Registry of 
Judgments of the office of the clerk of the district court of the county in which the 
property is located.
(3)
(a)
On or after July 1, 2002, except as provided in Subsection 
(3)(b)
, a judgment 
entered by a court of this state does not create a lien upon or affect the title to real 
property unless the judgment or an abstract of judgment is recorded in the office of 
the county recorder in which the real property of the judgment debtor is located.
(b)
State agencies are exempt from the recording requirement of Subsection 
(3)(a)
.
(4)
In addition to the requirements of Subsections 
(2)
 and 
(3)(a)
, any judgment that is filed 
in the Registry of Judgments on or after September 1, 1998, or any judgment or abstract 
of judgment that is recorded in the office of a county recorder after July 1, 2002, shall 
include:
(a)
the information identifying the judgment debtor as required under Subsection 
(4)(b)
on the judgment or abstract of judgment; or
(b)
a copy of the separate information statement of the judgment creditor that contains:
(i)
the correct name and last-known address of each judgment debtor and the address 
at which each judgment debtor received service of process;
(ii)
the name and address of the judgment creditor;
(iii)
the amount of the judgment as filed in the Registry of Judgments;
(iv)
if known, the
 last four digits of the
 judgment debtor's 
Social Security
social 
security
 number, 
date of
the month and year of the judgment debtor's
 birth, and 
the judgment debtor's driver 
driver's
 license number if a natural person; and
(v)
whether or not a stay of enforcement has been ordered by the court and the date 
the stay expires.
(5)
For the information required in Subsection 
(4)
, the judgment creditor shall:
(a)
provide the information on the separate information statement if known or available 
to the judgment creditor from its records, its attorney's records, or the court records in 
the action in which the judgment was entered; or
(b)
state on the separate information statement that the information is unknown or 
unavailable.
(6)
(a)
Any judgment that requires payment of money and is entered by a court of this 
state on or after September 1, 1998, or any judgment or abstract of judgment 
recorded in the office of a county recorder after July 1, 2002, that does not include 
the debtor identifying information as required in Subsection 
(4)
 is not a lien until a 
separate information statement of the judgment creditor is recorded in the office of a 
county recorder in compliance with Subsections 
(4)
 and 
(5)
.
(b)
The separate information statement of the judgment creditor referred to in Subsection 
(6)(a)
 shall include:
(i)
the name of any judgment creditor, debtor, assignor, or assignee;
(ii)
the date on which the judgment was recorded in the office of the county recorder 
as described in Subsection 
(4)
; and
(iii)
the county recorder's entry number and book and page of the recorded judgment.
(7)
A judgment that requires payment of money recorded on or after September 1, 1998, but 
prior to July 1, 2002, has as its priority the date of entry, except as to parties with actual 
or constructive knowledge of the judgment.
(8)
A judgment or notice of judgment wrongfully filed against real property is subject to 
Title 38, Chapter 9, Wrongful Lien Act
.
(9)
(a)
To release, assign, renew, or extend a lien created by a judgment recorded in the 
office of a county recorder, a person shall, in the office of the county recorder of each 
county in which an instrument creating the lien is recorded, record a document 
releasing, assigning, renewing, or extending the lien.
(b)
The document described in Subsection 
(9)(a)
 shall include:
(i)
the date of the release, assignment, renewal, or extension;
(ii)
the name of any judgment creditor, debtor, assignor, or assignee; and
(iii)
for the county in which the document is recorded in accordance with Subsection 
(9)(a)
:
(A)
the date on which the instrument creating the lien was recorded in that 
county's office of the county recorder; and
(B)
in accordance with Section 
57-3-106
, that county recorder's entry number and 
book and page of the recorded instrument creating the judgment lien.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-21-25 1:31 PM