Utah Laws on Wage Garnishments, Statute of Limitations on Debt, and Bankruptcy Property Exemptions
WAGE GARNISHMENT EXEMPTION: $142.50 of disposable weekly earnings
MAXIMUM INTEREST RATE: Legal: 7.35% Judgment: Contract rate or Federal Judgment Rate
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit card): 4 years
Written Contract: 6 yearsDomestic Judgment: 8 yearsForeign Judgment: 8 yearsBAD CHECK LAW DAMAGES: Amount of check, plus interest and court costs, reasonable attorney's fees
UTAH BANKRUPTCY PROPERTY EXEMPTIONS (Utah Code):
Cannot use federal exemptions, but can use federal non-bankruptcy exemptions
The State of Utah has exempted the property and income exemptions below from seizure by bankruptcy court to pay creditors:
Real Property: Real property or mobile home used as residence or water rights up to $10,000; if property jointly owned, then each debtor can claim the exemption, but total joint exemption cannot exceed $20,000 (homestead declaration must be filed with county before filing bankruptcy) [78-23-3]
Personal Property: Animals, books and musical instruments to $500 total [78-23-8(1)(b)]; refrigerator, freezer, sewing machine and stove, unlimited amount [78-23-5(1)(g)]; bed, bedding, carpets, washer and dryer, unlimited amount [78-23-5(1)(g)]; burial plot, unlimited amt [78-23-5(1)(a)]; clothing (not furs), unlimited amount [78-23-5(1)(g)]; health aids, amount needed [78-23-5(1)(b)]; heirlooms or sentimental items up to $500 [78-23-8(1)(c)]; furnishings and appliances to $500 [78-23-8(1)(a)]; artwork depicting or done by a family member, unlimited amt [78-23-5(1)(h)]; equipment required for military use, unlimited amt [39-1-47]; food and fuel, amount to last three months [78-23-5(1)(g)]; implements, books and tools of trade up to $3,500 [78-23-8(2)]; business vehicle up to $2,500 [78-23-78(2)]; personal injury recoveries, unlimited amt [78-23-5(1)(i)]; any insurance proceeds from damaged exempt property up to exemption limit [78-23-9]; wrongful death recoveries, unlimited amt [78-23-5(1)(i)]
Insurance / Annuities: Fraternal society benefits, unlimited amount [31A-9-603]; life insurance policy, unlimited amount, but cash surrender value to $1,500 [78-23-7]; life insurance proceeds if beneficiary is insured's spouse or dependent, amount needed for support [78-23-6(2)]; disability, illness, medical or hospital benefits, unlimited amount [78-23-5(1)(c) and (d)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Pensions / Retirement Plans: Public employees, unlimited amount [49-1-609]; retirement benefits, unlimited amount [78-23-5(1)(i)]; any pension, amount needed for support [78-23-6(3)]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [35A-4-103]; workers' compensation, unlimited amount [34A-4-422]; veterans' benefits, unlimited amount [78-23-5(1)(e)]
Wages: 75% of earned but unpaid wages [70C-7-103]
Miscellaneous: Alimony or child support, amount needed for support [78-23-5(1)(f) and (k) and 78-23-6(1); business partnership property, unlimited amount [48-1-22]
