July 09, 2019
This guide is all about how to file a motion to satisfy judgment in Utah. When you’ve entered into a stipulated payment plan and then finally paid the whole thing off, you want to get a certificate of satisfaction that shows the debt is resolved. You do this by filing a Motion to Satisfy Judgment.
To file a Motion to Satisfy Judgment you actually need to file three separate documents. (Warning: the names of these documents are intimidating.)
To get started, click on the link for each document. Then fill out each form by either printing them and writing on them with pen or by filling them out digitally with a PDF editor. Once they are filled out, mail one copy to the plaintiff’s attorney and one to the court. Be sure to follow these rules.
Also, take advantage of these additional tips and answers.
Maintaining good records is very important because during a conflict only the documentation will be 100% honest. Memory cannot be relied on to settle important matters. For example, if there is a question about who owes what for a judgment, only the records will show who is truly accountable. Although it might seem tedious, it is extremely important to keep up to date records of transactions, both legal and otherwise.
Both the court and the parties involved should have documentation of the transactions. This documentation should be related to all transactions and anything related to the judgment. Parties should also keep documentation of any payments or charges that occur for the duration of the issue. Both parties should keep the receipts in the following cases: attorney fees, fee to apply for a writ of garnishment, fee to apply for a writ of execution, fee to serve the writ, fee paid to a garnishee, any payment by the insurance company, wages or other money are withheld from the debtor by the garnishee, creditor receives proceeds of a sheriff’s sale, or the debtor forfeits bail to the creditor.
It is better to be safe than sorry and keep all legal and financial documentation surrounding an event when there is even the slightest chance of a legal issue.
If a creditor wants to renew a judgment, they need to prove the amount that is still due. On the other hand, if a debtor wants a ruling that the debt is satisfied, they must prove the debt is fully paid. Rest assured that the creditor will fight the debtor on this point. Written records are a debtors best friend when it comes time to prove a debt is paid.
(Check out the official page from the Utah Courts.)
Judgment debts are subject to interest. So, if you lose your lawsuit and now owe money, the amount you owe is subject to interest.
A post judgment interest rate is a rate that is established before the judgment that will only be applied following the judgment. This interest rate will be applied for the remainder of the life of the judgment, including after renewal. Depending on the case, certain civil judgments can carry a higher percent rate than the federal interest rate at the time of the judgment.
According to Utah Code, the rate that is agreed upon at the beginning of the case is the rate that will be observed for the duration of the case and judgment even if the federal rate varies during that time. An order renewing the judgment is a different judgment all together and holds its own rules. The post-judgment interest for the renewed judgment is determined by the current interest rate for that given year. The only time that this rule is not effective is when there is a pre-existing contract, or a contract is created that specifies a different rate.
Satisfaction of a judgment means that all debts have been paid or resolved by the debtor. These debts may include the judgment amount, all fees associated with the judgment amount, costs and interest, and any other pending fees or costs.
Satisfaction of a judgment means that the judgment is over and a solution has been found and fulfilled. When a judgment is satisfied, it means that the court no longer has an obligation to control the parties.
Another option is called a partial satisfaction. This is less common, but means that only a part of the judgment has been fulfilled.
There are two ways that a satisfaction of a judgment can be recorded. The two ways are an acknowledgement by the creditor or a motion by the debtor.
An acknowledgement of satisfaction by the creditor is one of the two ways to record a satisfaction of judgment with the court. An acknowledgement of satisfaction by the creditor involves filing an acknowledgment of satisfaction in the appropriate court as well as giving a copy of the document to the debtor. An acknowledgment of satisfaction by the creditor lets the court know that the debt has been settled and that the case is closed. If the creditor party has reassigned the judgment, the assignee is responsible for the collection of the debt as well as the acknowledgment of satisfaction.
Another option that signifies the satisfaction of a judgment is the motion for satisfaction by the debtor. In this case, the debtor submits to the court that the debt has been satisfied. Because the debtor is the party responsible for paying the debt, some proof is required. In addition, the court provides the opportunity for the creditor to respond. The filing is the same as the acknowledgement of satisfaction by the creditor. Both parties and the court need a copy of the motion before it can be successfully recorded.
The day you get to file a Certificate of Satisfaction is a good day. It shows that your debt is all paid off and resolved. It must then be presented in the appropriate court. If a judgment has been filed in any other courts than the primary court, proof of satisfaction must be presented to them as well.