Fill and Sign the Foreign Judgment Uniform Enforcement Act

Prepared by U.S. Legal Forms, Inc. © 2016 - U.S. Legal Forms, Inc. STATE OF UTAH ENROLLMENT OF FOREIGN JUDGMENT Uniform Enforcement of Foreign Judgments Act Control Number – UT – 00FC - 01 This packet contains the following: 1. Instructions ; 2. Forms ; and 3. Access to Law Summary. NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. 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DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Utah. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UTAH FOREIGN JUDGMENT ACT Under 78-22a-1 UCA entitled “Utah Foreign Judgment Act” the following items are necessary in order to file a judgment under this act: 1. A certified copy of the judgment with an attached exemplification certificate. A transcript/abstract of judgment, or a docket text is not acceptable . 2. A $25.00 filing fee , made payable to Third District Court. 3. A notarized affidavit stating the last known addresses of the judgment debtor and creditor. 4. A notice of judgment form . Please fill out the top portion. We will fill out the certificate of mailing, since the clerk of the court must do the mailing. An addressed stamped envelope must be enclosed for use in mailing to the debtor. Please put at least 2 stamps on the envelope. 5. If you are out of state and/or mailing the judgment to us, please include a self-addressed stamped envelope for yourself so that we can return your receipt, which contains your case number. Please use the case number we assign on all further pleadings. 6. Pursuant to UCA §78-22-1.5, you must fill out and submit a Judgment Information Statement (example attached) in order to perfect a lien on the real property of the debtor. 7. You will also need to record your judgment and judgment information statement with the local County Recorder’s office, in order to create a lien on real property. [See UCA §78- 22-1(7)(a)] 8. No process for the enforcement of the judgment may issue until 30 days after the judgment is filed and notice mailed out to the debtor. Date ______________________________ ______________________________ ______________________________ ______________________________ Return Name and Address ______________________________ ______________________________ ______________________________ ______________________________ Re: [style of case] Dear Sir or Madam: I have enclosed for filing: Affidavit in Support of Enrollment of Foreign Judgment Notice of Judgment Judgment Information Statement Exemplification Statement pursuant to the Utah Uniform Enforcement of Foreign Judgment's Act. A filing fee of $ _________________ is also enclosed. Please return a filed copy to me. Please advise if you need anything further at this time. With kindest regards, I am Sincerely yours, ____________________________________ Signature       Print or Type Name Enclosures Attorney Name:       Attorney Bar Number:       Attorney Address:             Attorney Phone Number:       IN THE ______ JUDICIAL DISTRICT COURT OF UTAH IN AND FOR ____________ COUNTY             Plaintiff vs.             Defendant AFFIDAVIT IN SUPPORT OF FOREIGN JUDGMENT PERSONALLY CAME AND APPEARED BEFORE ME the undersigned authority, the within named ______________________________ , Affiant, who states upon his oath: 1. That he/she is the Judgment Creditor or attorney for the Judgment Creditor; 2. That the Affiant is filing such foreign judgment in only one court in the State of Utah; 3. That ________________________ , the Judgment Creditor or attorney for the Judgment Creditor, in accordance with the Utah Uniform Enforcement of Foreign Judgments Act, the Social Security Number of the Judgment Debtor is ________________________ [if known] and the last known address of the Judgment Debtor ______________________________ is: ______________________________ ______________________________ ______________________________ City, State and Zip Code 4. That the complete name and last known address of the Judgment Creditor (Plaintiff) is: ______________________________ ______________________________ ______________________________ 5. Finally, that the Judgment is final, remains unsatisfied, in whole or part, that the balance of the Judgment which remains unpaid is $ ________________________ , and that there is no contest of the judgment pending. ____________________________________ Plaintiff or Attorney for Plaintiff State of Utah County of __________________ The foregoing instrument was acknowledged before me by ______________________________ this ______ day of __________________ , 20 ______ . Witness my hand and official seal. (Seal) Notary Public My commission expires:       Type or Print Name IN THE ______ JUDICIAL DISTRICT COURT OF UTAH IN AND FOR ____________ COUNTY             Plaintiff vs.             Defendant NOTICE OF JUDGMENT CASE NO. PLEASE TAKE NOTICE that the judgment filed from             jurisdiction has been filed in the ______ JUDICIAL DISTRICT COURT OF UTAH under the provisions of the UTAH FOREIGN JUDGMENT ACT (UCA 78-22a-1). Under this act, THIS JUDGMENT HAS THE SAME LEGAL FORCE AND EFFECT AS A JUDGMENT RENDERED BY THE UTAH STATE COURT.       Date Attorney or Creditor Signature NAME & ADDRESS OF JUDGMENT NAME & ADDRESS OF CREDITOR CREDITOR’S ATTY (if any)                                     CERTIFICATE OF SERVICE BY MAILING STATE OF UTAH COUNTY OF       , being first duly sworn, upon oath states that he/she has mailed a copy of the notice of judgment to the judgment debtor: (name of judgment debtor) (street address) (city, state, zip) this ______ day of __________________ , 20 ______ . ______________________________ Deputy Clerk Attorney Name:       Attorney Bar Number:       Attorney Address:             Attorney Phone Number:       IN THE ______ JUDICIAL DISTRICT COURT OF UTAH IN AND FOR ____________ COUNTY             Plaintiff vs.             Defendant JUDGMENT INFORMATION STATEMENT CASE NO. Judge: (1) The [Plaintiff] [Defendant] in this action, as judgment creditor, provides the following information in compliance with Section 78-11-1.5. (2) The correct name of the judgment debtor is       . (3) The correct last known address of the judgment debtor is             . (4) The address at which the judgment debtor received service of process is       . (5) The judgment debtor is is not a natural person and (a) the social security number of the judgment debtor is       (b) the date of birth of the judgment debtor is       , and (c) the driver license number of the judgment debtor is       . (6) The name of the judgment creditor is             . (7) The amount of the judgment is $       . (8) The judgment was entered on       . (9) The judgment has not been stayed. The judgment has been stayed and the stay expires on       . (10) The judgment creditor has reviewed its own records, the records of its attorney, and the records of the court in which the judgment was entered. Any information required by Section 78- 22-1.5 but not provided in this statement is unknown and unavailable. ____________________________________ [Attorney for] Judgment Creditor Party Name:       Party Address:             EXEMPLIFICATION CERTIFICATE UNITED STATES OF AMERICA Information Identifying the Exemplifying Court - ie - In the District Court of the First Judicial District In and for ____________ County, State of ____________ I, ______________________________ , Presiding Judge of the exemplifying court , ____________ County, State of ____________ , certify that said ____________ is a Court of Record, having a Clerk and a seal; that the signature is the handwriting of full name of the clerk of the exemplifying court and that all official acts of the Clerk of the Court are entitled to full faith and credit. And I further certify that said attestation is executed according to law. Signed and sealed this ______ day of __________________ , 20 ______ . Presiding Judge of the ____________ Court [seal of the court] STATE OF ____________ ss. COUNTY OF ____________ I, __________________ , Clerk of the __________________ Court, ____________ County, State of ____________ , certify that the Honorable __________________ whose name is subscribed to the preceding certificate, is one of the Judges of this Court, and that the signature of the Judge is genuine. Signed and sealed this ______ day of __________________ , 20 ______ . Clerk of the ____________ Court [seal of the court]