Current through the 2024 Fourth Special Session
Section 38-5-1 - Filing with clerk of district court - Recording with county recorder - Effect(1)(a) A person may file in the office of the clerk of a state district court a transcript of a judgment or decree rendered in the district court of the United States within the state.(b) A decree or judgment filed in accordance with Subsection (1)(a) has the same force and effect as a judgment rendered in a state district court.(2) Except as provided in Subsection (3), if a person records a judgment or an abstract of judgment or decree under Subsection (1) in the office of the county recorder, that judgment or decree becomes a lien in accordance with Section 78B-5-202.(3) A state agency is exempt from the recording requirement of Subsection (2).(4)(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 (4)(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 (4)(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.Amended by Chapter 88, 2011 General Session.