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2006 Utah Code - 77-38a-401 — Entry of judgment -- Interest -- Civil actions -- Lien.

     77-38a-401.   Entry of judgment -- Interest -- Civil actions -- Lien.
     (1) Upon the court determining that a defendant owes restitution, the clerk of the court shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil judgment docket and provide notice of the order to the parties.
     (2) The order shall be considered a legal judgment, enforceable under the Utah Rules of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the restitution order is entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure.
     (3) If the defendant fails to obey a court order for payment of restitution and the victim or department elects to pursue collection of the order by civil process, the victim shall be entitled to recover reasonable attorney's fees.
     (4) A judgment ordering restitution when recorded in a registry of judgments docket shall have the same affect and is subject to the same rules as a judgment in a civil action. Interest shall accrue on the amount ordered from the time of sentencing, including prejudgment interest.
     (5) The department shall make rules permitting the restitution payments to be credited to principal first and the remainder of payments credited to interest in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

Enacted by Chapter 137, 2001 General Session

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