77-18-6 - Judgment to pay fine or restitution constitutes a lien.
77-18-6. Judgment to pay fine or restitution constitutes a lien.
(1) (a) In cases not supervised by the Department of Corrections, the clerk of the districtcourt shall:
(i) transfer the responsibility to collect past due accounts receivable to the Office of StateDebt Collection when the accounts receivable are 90 days or more past due; and
(ii) before transferring the responsibility to collect the past due account receivable to theOffice of State Debt Collection, record each judgment of conviction of a crime that orders thepayment of a fine, forfeiture, surcharge, cost permitted by statute, or fee in the registry of civiljudgments, listing the Office of State Debt Collection as the judgment creditor.
(b) (i) The clerk of court shall record each judgment of conviction that orders thepayment of restitution to a victim in the registry of civil judgments, listing the victim, or theestate of the victim, as the judgment creditor.
(ii) The Department of Corrections shall collect the judgment on behalf of the victim asprovided in Subsection 77-18-1(9).
(iii) The court shall collect the judgment on behalf of the victim as provided inSubsection 78A-2-214(2).
(iv) The victim may collect the judgment.
(v) The victim is responsible for timely renewal of the judgment under Section78B-5-202.
(2) When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registryof civil judgments, the judgment:
(a) constitutes a lien;
(b) has the same effect and is subject to the same rules as a judgment for money in a civilaction; and
(c) may be collected by any means authorized by law for the collection of a civiljudgment.
Amended by Chapter 3, 2008 General Session