Effective 5/4/2022 39A-6-101. Utah Service Members’ Civil Relief Act — Definitions. As used in this chapter: (1) “Dependent” means the spouse and children of a service member or any other individual dependent upon the service member for support. (2) “Interest” includes service charges, renewal charges, fees, or any other charges in respect to any obligation […]
Effective 5/4/2022 39A-6-102. Application of this chapter. (1) Military members of the National Guard or the Defense Force, when ordered to state military service by the governor have the same rights and protections as provided by federal law for activation to federal military service. (2) Proper application of this chapter shall suspend or postpone actions […]
Effective 5/4/2022 39A-6-103. Rulemaking authority. The adjutant general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter. Renumbered and Amended by Chapter 373, 2022 General Session
Effective 5/4/2022 39A-6-104. Reopening default judgments. (1) A default judgment rendered in any civil action against a service member during a period of state military service or within 30 days after termination of the state military service may be set aside if: (a) it appears that the service member was prejudiced by reason of the […]
Effective 5/4/2022 39A-6-105. Stay of proceedings. (1) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by the service member’s state military service, the court may, on its own motion, stay the proceedings. […]
Effective 5/4/2022 39A-6-106. Fines and penalties on contracts. (1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay. (2) If a service member has not obtained a stay and a fine […]
Effective 5/4/2022 39A-6-107. Exercise of rights not to affect future financial transactions. Application by a service member in state military service for, or receipt of, a stay, postponement, or suspension under the provisions of this chapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used […]
Effective 5/4/2022 39A-6-108. Stay of execution of judgment. Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of the service member’s state military service, the court may, on its own motion, or upon application […]
Effective 5/4/2022 39A-6-109. Duration of stays. (1) Any stay of any action, proceeding, attachment, or execution, ordered by any court under the provisions of this chapter may be ordered for the period of state military service plus 60 days after its termination or any part of that time period. (2) If the service member in […]
Effective 5/4/2022 39A-6-110. Statutes of limitations affected by state military service. The period of state military service is not included in computing any period limited by law, rule, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any individual […]
Effective 5/4/2022 39A-6-111. Maximum rate of interest. An obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member in state military service before the service member’s entry into state military service may not, during any part of the period of state military service, bear interest […]
Effective 5/4/2022 39A-6-112. Dependent benefits. Dependents of a service member in state military service are entitled to the benefits accorded to service members in state military service under the provisions of Sections 39A-6-113 through 39A-6-117 upon application to a court, unless, in the opinion of the court, the ability of the dependents to comply with […]
Effective 5/4/2022 39A-6-113. Eviction or distress of dependents. (1) A landlord may not evict or take and hold property of a service member or the service member’s dependents for nonpayment of rent during the period of state military service if the rent on the premises occupied by the service member or the service member’s dependents […]
Effective 5/4/2022 39A-6-114. Installment contracts. (1) The creditor of a service member who, prior to entry into state military service, has entered into an installment contract for the purchase of real or personal property may not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order […]
Effective 5/4/2022 39A-6-115. Mortgage foreclosures. (1) The creditor of a service member who entered into a mortgage contract with the service member or the service member’s dependent for the purchase of real or personal property prior to the service member’s entry into state military service may not foreclose on the mortgage or repossess the property […]
Effective 5/4/2022 39A-6-116. Application for relief. (1) A service member may, at any time during the service member’s period of state military service or within 60 days after discharge or termination, apply to a court for relief in respect of any obligation or liability incurred by the service member prior to the service member’s period […]
Effective 5/4/2022 39A-6-117. Storage liens. (1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in state military service during the service member’s period of state military service and for 60 days after termination or discharge, except upon […]
