§ 39A-6-101 Utah Service Members’ Civil Relief Act — Definitions
§ 39A-6-102 Application of this chapter
§ 39A-6-103 Rulemaking authority
§ 39A-6-104 Reopening default judgments
§ 39A-6-105 Stay of proceedings
§ 39A-6-106 Fines and penalties on contracts
§ 39A-6-107 Exercise of rights not to affect future financial transactions
§ 39A-6-108 Stay of execution of judgment
§ 39A-6-109 Duration of stays
§ 39A-6-110 Statutes of limitations affected by state military service
§ 39A-6-111 Maximum rate of interest
§ 39A-6-112 Dependent benefits
§ 39A-6-113 Eviction or distress of dependents
§ 39A-6-114 Installment contracts
§ 39A-6-115 Mortgage foreclosures
§ 39A-6-116 Application for relief
§ 39A-6-117 Storage liens

Terms Used In Utah Code > Title 39A > Chapter 6 - Utah Service Members' Civil Relief Act

  • Active project area: means a project area that has not been dissolved in accordance with Section 17C-1-702. See Utah Code 17C-1-102
  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
    (a) project area funds;
    (b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
    (c) a contribution, loan, grant, or other financial assistance from any public or private source;
    (d) project area incremental revenue as defined in Section 17C-1-1001; or
    (e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
  • Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
    (a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
    (b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
    (i) before the date on which the taxing entity committee approves the project area budget; or
    (ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
    (c) for a project on an inactive airport site, after the later of:
    (i) the date on which the inactive airport site is sold for remediation and development; or
    (ii) the date on which the airport that operated on the inactive airport site ceased operations; or
    (d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: means the spouse and children of a service member or any other individual dependent upon the service member for support. See Utah Code 39A-6-101
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Interest: includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability. See Utah Code 39A-6-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marginal value: means the difference between actual taxable value and base taxable value. See Utah Code 17C-1-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city, town, or metro township as defined in Section 10-2a-403. See Utah Code 17C-1-102
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • 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.
  • Participation agreement: means a written agreement between a person and an agency that:
    (a) includes a description of:
    (i) the project area development that the person will undertake;
    (ii) the amount of project area funds the person may receive; and
    (iii) the terms and conditions under which the person may receive project area funds; and
    (b) is approved by resolution of the board. See Utah Code 17C-1-102
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
    (a) for an urban renewal project area, Section 17C-2-201;
    (b) for an economic development project area, Section 17C-3-201;
    (c) for a community development project area, Section 17C-4-204; or
    (d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
  • Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
    (a) promoting, creating, or retaining public or private jobs within the state or a community;
    (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
    (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
    (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
    (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
    (f) providing open space, including streets or other public grounds or space around buildings;
    (g) providing public or private buildings, infrastructure, structures, or improvements;
    (h) relocating a business;
    (i) improving public or private recreation areas or other public grounds;
    (j) eliminating a development impediment or the causes of a development impediment;
    (k) redevelopment as defined under the law in effect before May 1, 2006; or
    (l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area funds collection period: means the period of time that:
    (a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
    (b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Public entity: means :
    (a) the United States, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • Tax increment: means the difference between:
    (i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
    (ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
  • Taxable value: means :
    (a) the taxable value of all real property a county assessor assesses in accordance with 3, for the current year;
    (b) the taxable value of all real and personal property the commission assesses in accordance with 2, for the current year; and
    (c) the year end taxable value of all personal property a county assessor assesses in accordance with 3, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
  • Taxing entity: means a public entity that:
    (a) levies a tax on property located within a project area; or
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
  • Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
  • Writing: includes :Utah Code 68-3-12.5