(1)  If compliance with the terms of a contract is stayed pursuant to this chapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay.

Terms Used In Utah Code 39A-6-106

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
  • State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
(2)  If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in state military service when the penalty was incurred and the service member’s ability to pay or perform was materially impaired.

Renumbered and Amended by Chapter 373, 2022 General Session

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