Utah Code 78B-5-508. Allowable claims against exempt property

(1)

Notwithstanding other provisions of this part, but subject to the provisions of the Utah Uniform Consumer Credit Code:

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

(a)

A creditor may levy against exempt property of any kind, except unemployment benefits, to enforce a claim for:

(i)	alimony, support, or maintenance;

(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

(iii)

state or local taxes.

(b)	The only deductions that can be withheld from unemployment benefits are those listed in Section 35A-4-103.

(c)

A creditor may levy against exempt property to enforce a claim for:

(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;

(ii)	labor or materials furnished to make, repair, improve, preserve, store, or transport the specific property; and

(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.

Renumbered and Amended by Chapter 3, 2008 General Session