Utah STATE LAW

WAGE GARNISHMENT EXEMPTION:

– $142.50 of disposable weekly earnings

MAXIMUM INTEREST RATE:

– Legal: 7.35% Judgment:
– Contract rate or Federal Judgment Rate

STATUTE OF LIMITATIONS ON ENFORCEMENT:

– Open Account (credit card): 4 years
– Written Contract: 6 years
– Domestic Judgment: 8 years
– Foreign Judgment: 8 years

BAD CHECK LAW DAMAGES:

Amount of check, plus interest and court costs, reasonable attorney's fees

tape recording

– One party state

BANKRUPTCY PROPERTY EXEMPTIONS:
(Utah Code)

– Cannot use federal exemptions, but can use federal non–bankruptcy exemptions
– The State of Utah has exempted the property and income exemptions below from seizure by bankruptcy court to pay creditors:

Real Property:

– Real property or mobile home used as residence or water rights up to $10,000; if property jointly owned, then each debtor can claim the exemption, but total joint exemption cannot exceed $20,000 (homestead declaration must be filed with county before filing bankruptcy) [78–23–3]

Personal Property:

– Animals, books and musical instruments to $500 total [78–23–8(1)(b)]
– Refrigerator, freezer, sewing machine and stove, unlimited amount [78–23–5(1)(g)]
– Bed, bedding, carpets, washer and dryer, unlimited amount [78–23–5(1)(g)]
– Burial plot, unlimited amt [78–23–5(1)(a)]
– Clothing (not furs), unlimited amount [78–23–5(1)(g)]
– Health aids, amount needed [78–23–5(1)(b)]
– Heirlooms or sentimental items up to $500 [78–23–8(1)(c)]
– Furnishings and appliances to $500 [78–23–8(1)(a)]
– Artwork depicting or done by a family member, unlimited amt [78–23–5(1)(h)]
– Equipment required for military use, unlimited amt [39–1–47]
– Food and fuel, amount to last three months [78–23–5(1)(g)]
– Implements, books and tools of trade up to $3,500 [78–23–8(2)]
– Business vehicle up to $2,500 [78–23–78(2)]
– Personal injury recoveries, unlimited amt [78–23–5(1)(i)]
– Any insurance proceeds from damaged exempt property up to exemption limit [78–23–9]
– Wrongful death recoveries, unlimited amt [78–23–5(1)(i)]

Insurance / Annuities:

– Fraternal society benefits, unlimited amount [31A–9–603]
– Life insurance policy, unlimited amount, but cash surrender value to $1,500 [78–23–7]
– Life insurance proceeds if beneficiary is insured's spouse or dependent, amount needed for support [78–23–6(2)]
– Disability, illness, medical or hospital benefits, unlimited amount [78–23–5(1)(c) and (d)]

Pensions / Retirement Plans:

– Public employees, unlimited amount [49–1–609]
– Retirement benefits, unlimited amount [78–23–5(1)(i)]
– Any pension, amount needed for support [78–23–6(3)]

Public Benefits / Entitlements:

– Unemployment compensation, unlimited amount [35A–4–103]
– Workers' compensation, unlimited amount [34A–4–422]
– Veterans' benefits, unlimited amount [78–23–5(1)(e)]

Wages:

– 75% of earned but unpaid wages [70C–7–103]

Miscellaneous:

– Alimony or child support, amount needed for support [78–23–5(1)(f) and (k) and 78–23–6(1)
– Business partnership property, unlimited amount [48–1–22]