Title 70C Chapter 7 Section 103

Utah Consumer Credit Code
Remedies and Penalties
Section 103
Definitions -- Limitation on garnishment.

            

70C-7-103.   Definitions -- Limitation on garnishment.

            (1) As used in this part:

            (a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld.

            (b) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.

            (2) The maximum part of the aggregate disposable earnings of an individual for any pay period which is subjected to garnishment to enforce payment of a judgment arising from a consumer credit agreement may not exceed the lesser of:

            (a) 25% of his disposable earnings for that pay period; or

            (b) the amount by which his disposable earnings for that pay period exceed 30 hours per week multiplied by the federal minimum hourly wage prescribed by Section 6 (a) (1) of the Fair Labor Standards Act of 1938, 29 U.S.C., Section 206 (a) (1), in effect at the time the earnings are payable.

            (3) No court may make, execute, or enforce an order or process in violation of this section.


Enacted by Chapter 159, 1985 General Session