Utah Code 63G-7-603. Exemplary or punitive damages prohibited — Governmental entity not subject to execution, attachment, or garnishment — Exception
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Terms Used In Utah Code 63G-7-603
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: includes :(3)(a)(i) a governmental entity's officers, employees, servants, trustees, or commissioners;(3)(a)(ii) a member of a governing body;(3)(a)(iii) a member of a government entity board;(3)(a)(iv) a member of a government entity commission;(3)(a)(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;(3)(a)(vi) a student holding a license issued by the State Board of Education;(3)(a)(vii) an educational aide;(3)(a)(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;(3)(a)(ix) a volunteer, as defined in Section 67-20-2; and(3)(a)(x) a tutor. See Utah Code 63G-7-102
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Governmental entity: means :
(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102- State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102
(1)(a) A judgment may not be rendered against a governmental entity for exemplary or punitive damages.(1)(b) If a governmental entity would be required to pay the judgment under Section 63G-7-902 or 63G-7-903, the governmental entity shall pay any judgment or portion of any judgment entered against its employee in the employee’s personal capacity even if the judgment is for or includes exemplary or punitive damages.(2)(2)(a) Except as provided in Subsection (2)(b), execution, attachment, or garnishment may not issue against a governmental entity.(2)(b) A judgment creditor may garnish a state income tax refund owing to the judgment debtor.