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S.B. 123 Enrolled





Sponsor: John L. Valentine

                  This act enacts a provision within the Judicial Code pertaining to written contracts within
                  consumer transactions. It provides guidelines for where an action to enforce contract actions
                  may be brought depending on whether or not it pertains to real property. This act takes
                  effect immediately.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  REPEALS AND REENACTS:
                      78-13-4, as last amended by Chapter 194, Laws of Utah 1990
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 78-13-4 is repealed and reenacted to read:
                      78-13-4. Actions on written contracts.
                      When the defendant has signed a contract in the state to perform an obligation, an action
                  on the contract may be commenced and tried in the following venues:
                      (1) If the action is to enforce an interest in real property securing a consumer's obligation,
                  the action may be brought only in the county where the real property is located or where the
                  defendant resides.
                      (2) An action to enforce an interest other than under Subsection (1) may be brought in the
                  county where such obligation is to be performed, the contract was signed, or in which the
                  defendant resides.
                      Section 2. Effective date.
                      If approved by two-thirds of all the members elected to each house, this act takes effect
                  upon approval by the governor, or the day following the constitutional time limit of Utah
                  Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
                  date of veto override.

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