(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. |
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. |
Renumbered and Amended by Chapter 3, 2008 General Session