| (1) |
A service member may, at any time during the service member’s period of state military service or within 60 days after discharge or termination, apply to a court for relief in respect of any obligation or liability incurred by the service member prior to the service member’s period of military service. |
Terms Used In Utah Code 39A-6-116
- Contract: A legal written agreement that becomes binding when signed.
- Interest: includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability. See Utah Code 39A-6-101
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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) |
The court, after appropriate notice and hearing, unless in the court’s opinion the ability of the applicant to comply with the terms of the obligation or liability has not been materially affected by reason of the service member’s state military service, may grant the following relief:
| (a) |
In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant’s period of state military service and, from the date of termination of the period of state military service or from the date of application if made after termination of state military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of state military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of state military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just. |
| (b) |
In the case of any other obligation or liability, a stay of the enforcement during the applicant’s period of state military service and, from the date of termination of the period of state military service or from the date of application if made after termination of the period of state military service, for a period of time equal to the period of state military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of state military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability, if paid when due, and subject to other terms the court considers to be reasonable and just. |
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| (3) |
When any court has granted a stay as provided in this section, a fine or penalty may not be accrued for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period the terms and conditions of the stay are complied with. |
Renumbered and Amended by Chapter 373, 2022 General Session
