78B-6-317. Willful failure to pay a civil accounts receivable or a civil judgment of restitution.
| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 78B-6-317- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
| (a) |
“Civil accounts receivable” means the same as that term is defined in Section 77-32b-102. |
| (b) |
“Civil judgment of restitution” means the same as that term is defined in Section 77-32b-102. |
| (c) |
“Default” means the same as that term is defined in Section 77-32b-102. |
| (d) |
“Delinquent” means the same as that term is defined in Section 77-32b-102. |
|
| (2) |
If a civil accounts receivable or a civil judgment of restitution is delinquent or in default, the court, by motion of the prosecuting attorney, a judgment creditor, or on the court’s own motion, may order the defendant to appear and show cause why the delinquency or default should not be treated as contempt of court under this section. |
| (3) |
| (a) |
The moving party or a clerk of the court shall provide a declaration outlining:
| (i) |
the nature of the debt; |
| (ii) |
the way in which the civil accounts receivable or civil judgment of restitution is delinquent or in default; |
| (iii) |
if the moving party is the Office of State Debt Collection, the attempts that have been made to collect the civil accounts receivable or the civil judgment of restitution before moving for an order to show cause; and |
| (iv) |
if the moving party is not the Office of State Debt Collection, that the defendant has failed to comply with any payment agreement that the defendant has with the Office of State Debt Collection. |
|
| (b) |
Upon receipt of a declaration under Subsection (3)(a), the court shall:
| (i) |
set the matter for a hearing; and |
| (ii) |
provide notice of the hearing to the defendant by mailing notice of the hearing to the defendant’s last known address and by any other means the court finds likely to provide defendant notice of the hearing. |
|
| (c) |
If it appears to the court that the defendant is not likely to appear at the hearing, the court may issue an arrest warrant with a bail amount reasonably likely to guarantee the defendant’s appearance. |
| (d) |
If the defendant is a corporation or an unincorporated association, the court shall cite the person authorized to make disbursement from the assets of the corporation or association to appear to answer for the alleged contempt. |
|
| (4) |
At the hearing, the defendant is entitled to be:
| (a) |
represented by counsel; and |
| (b) |
if the court is considering a period of incarceration as a potential sanction, appointed counsel if the court determines that the defendant is indigent in accordance with Title 78B, Chapter 22, Indigent Defense Act. |
|
| (5) |
To find the defendant in contempt, the court shall find beyond a reasonable doubt that the defendant:
| (a) |
was aware of the obligation to pay the civil accounts receivable or the civil judgment of restitution; |
| (b) |
had the capacity to make a payment towards the civil accounts receivable or the civil judgment of restitution; and |
| (c) |
failed to make a payment towards the civil accounts receivable or the civil judgment of restitution. |
|
| (6) |
Subject to the limitations in Subsections (7) through (9), if the court finds the defendant in contempt for nonpayment, the court may impose the sanctions for contempt under Section 78B-6-310. |
| (7) |
If the court imposes a jail sanction for the contempt, the number of jail days may not exceed one day for each $100 of the amount the court finds was contemptuously unpaid with a maximum of:
| (a) |
five days for contempt arising from a class B misdemeanor or lesser offense; and |
| (b) |
30 days for a class A misdemeanor or felony offense. |
|
| (8) |
| (a) |
Any jail sanction imposed for contempt under this section shall serve to satisfy the civil accounts receivable at $100 for each day served. |
| (b) |
Subsection (8)(a) does not apply to a civil judgment of restitution. |
|
| (9) |
A financial penalty ordered by the court under Section 78B-6-310 may only become due after the satisfaction of the civil accounts receivable or the civil judgment of restitution. |
| (10) |
The order of the court finding the defendant in contempt and ordering sanctions is a final appealable order. |
Amended by Chapter 260, 2021 General Session
