(1) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars.

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Terms Used In Utah Code 78B-5-407

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Foreign money: means money other than money of the United States of America. See Utah Code 78B-5-402
  • Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See Utah Code 78B-5-402
  • Money of the claim: means the money determined as proper by Section 78B-5-405. See Utah Code 78B-5-402
  • Party: means an individual, a corporation, government or governmental subdivision or agency, business trust, partnership or association of two or more persons having a joint or common interest or any other legal or commercial entity asserting or defending against a foreign-money claim. See Utah Code 78B-5-402
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) An opposing party may allege and prove the claim is in whole or in part for a different money than that asserted by the claimant.
(3) Any party may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(4) The determination of the proper money of the claim is a question of law.