Title 39 Militia and Armories Chapter 7 Utah Service Members' Civil Relief Act Section 116 Application for relief.
39-7-116.Application for relief.
(1) A person may, at any time during his period of 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 person prior to his period of military service.
(2) The court, after appropriate notice and hearing, unless in its opinion the ability of the
applicant to comply with the terms of the obligation or liability has not been materially affected
by reason of his 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 military service and, from the date of termination of the period of military service or
from the date of application if made after termination of 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 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 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 military service and, from the date of termination of the period of military
service or from the date of application if made after termination of the period of military service,
for a period of time equal to the period of 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 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.
(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.
Enacted by Chapter 306, 1997 General Session
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