Section 103 – Definitions — Limitation on garnishment.
Effective 3/27/2014 70C-7-103. Definitions — Limitation on garnishment. (1) As used in this part: (a) “Disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. (b) “Education loan” means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), […]
Section 104 – No discharge from employment for garnishment.
70C-7-104. No discharge from employment for garnishment. No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment. Enacted by Chapter 159, 1985 General Session
Section 105 – Extortionate extensions of credit.
70C-7-105. Extortionate extensions of credit. If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property […]
Section 106 – Unconscionability.
70C-7-106. Unconscionability. (1) With respect to a consumer credit agreement, if the court finds the agreement or any part of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause if that […]
Section 107 – Notice of negative credit report required.
Effective 5/12/2020 70C-7-107. Notice of negative credit report required. (1) As used in this section: (a) “Creditor,” in addition to its definition under Section 70C-1-302, includes an agent of a creditor engaged in administering or collecting the creditor’s accounts. (b) “Credit reporting agency” means any credit bureau, consumer reporting agency, association of lending institutions, association […]
Section 103 – Creditor’s provision of and charge for insurance — Excess amount of charge.
70C-6-103. Creditor’s provision of and charge for insurance — Excess amount of charge. (1) Except as otherwise provided in this chapter, a creditor may agree to provide insurance. If insurance is not required, a charge for such insurance shall be separate from and in addition to other charges. A creditor shall separately disclose any charge […]
Section 104 – Conditions applying to insurance to be provided by creditor.
70C-6-104. Conditions applying to insurance to be provided by creditor. If a creditor agrees with a debtor to provide insurance: (1) the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to him at his address as stated by him, within 30 days after the term […]
Section 105 – Maximum charge by creditor for insurance.
70C-6-105. Maximum charge by creditor for insurance. If a creditor contracts for or receives a separate charge for insurance, the amount charged the debtor for the insurance may not exceed the premium to be charged by the insurer, without deduction for commissions, as computed at the time the charge to the debtor is determined, conforming […]
Section 106 – Refund or credit required — Amount.
70C-6-106. Refund or credit required — Amount. (1) A debtor or his estate is entitled to any rebate or refund due from an insurer and to any unearned part of a separate charge for insurance previously paid by the debtor, resulting from the prepayment of a consumer credit debt, except when all refunds and credits […]
Section 107 – Existing insurance — Choice of insurer.
70C-6-107. Existing insurance — Choice of insurer. If a creditor requires insurance, upon notice to the creditor the debtor may provide the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained and paid for by the debtor, but the creditor may for reasonable […]