Utah Code 78B-5-508. Allowable claims against exempt property
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(1) Notwithstanding other provisions of this part, but subject to the provisions of the Utah Uniform Consumer Credit Code:
Terms Used In Utah Code 78B-5-508
- Exempt: means protected, and "exemption" means protection from subjection to a judicial process to collect an unsecured debt. See Utah Code 78B-5-502
- Levy: means the seizure of property pursuant to any legal process issued for the purpose of collecting an unsecured debt. See Utah Code 78B-5-502
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Utah Code 78B-5-502
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) A creditor may levy against exempt property of any kind, except unemployment benefits, to enforce a claim for:
(1)(a)(i) alimony, support, or maintenance;
(1)(a)(ii) unpaid earnings of up to one month‘s compensation or the full-time equivalent of one month’s compensation for personal services of an employee; or
(1)(a)(iii) state or local taxes.
(1)(b) The only deductions that can be withheld from unemployment benefits are those listed in Section 35A-4-103 .
(1)(c) A creditor may levy against exempt property to enforce a claim for:
(1)(c)(i) the purchase price of the property or a loan made for the purpose of enabling an individual to purchase the specific property used for that purpose;
(1)(c)(ii) labor or materials furnished to make, repair, improve, preserve, store, or transport the specific property; and
(1)(c)(iii) a special assessment imposed to defray costs of a public improvement benefiting the property.
(2) This section does not affect the right to enforce any statutory lien or security interest in exempt property.