Unless the court determines on the record that the ability of the
service member to comply with the judgment or order entered or sought is not materially affected by reason of the service member’s
state military service, the court may, on its own motion, or upon application by the service member or another individual on the service member’s behalf:
| (1) |
stay the execution of any judgment or order entered against the service member, as provided in this chapter; and |
Terms Used In Utah Code 39A-6-108
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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) |
vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter. |
Renumbered and Amended by Chapter 373, 2022 General Session
