Utah Code 35A-3-607. Property subject to execution or lien — Restriction on transfer or conveyance — Release of excess amount above liability to obligor
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Terms Used In Utah Code 35A-3-607
- Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligor: means an individual:(20)(a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or(20)(b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) Unless released under Subsection (1)(b), after receiving notice that an abstract has been docketed and a lien established under this part, a person in possession of property that may be subject to execution or lien may not pay over, release, sell, transfer, encumber, or convey that property to a person other than the department.(1)(b) The restrictions under Subsection (1)(a) do not apply if the person in possession first receives a release or waiver from the department, or a court order releasing the lien or stating that the liability does not exist or has been satisfied.(2) If a person has in his possession earnings, deposits, accounts, or balances owed to the obligor in excess of $100 over the amount of the liability claimed by the department, the person may, without liability under this part, release the excess to the obligor. - Person: means :