34-28-14 - Actions by division as assignee -- Costs need not be advanced. - Utah Statutes

34-28-14. Actions by division as assignee -- Costs need not be advanced.
(1) In all actions brought by the division as assignee under Section 34-28-13, no courtcosts of any nature shall be required to be advanced nor shall any bond or other security berequired from the division in connection with the same.
(2) Any sheriff, constable, or other officer requested by the division to serve summons,writs, complaints, orders, including any garnishment papers, and all necessary and legal paperswithin his jurisdiction shall do so without requiring the division to advance the fees or furnish anysecurity or bond.
(3) Whenever the division shall require the sheriff, constable, or other officer whose dutyit is to seize property or levy thereon in any attachment proceedings to satisfy any wage claimjudgment to perform any such duty, this officer shall do so without requiring the division tofurnish any security or bond in the action.
(4) The officer in carrying out the provisions of this subsection shall not be responsible indamages for any wrongful seizure made in good faith.
(5) Whenever anyone other than the defendant claims the right of possession orownership to such seized property, then in such case the officer may permit such claimant to havethe custody of such property pending a determination of the court as to who has right ofpossession or ownership of such property.
(6) Any garnishee defendant shall be required to appear and make answer in any suchaction, as required by law, without having paid to him in advance witness fees, but such witnessfees shall be included as part of the taxable costs of such action. Out of any recovery on ajudgment in such a suit, there shall be paid the following: first, the witness fees to the garnisheedefendant; second, the wage claims involved; third, the sheriff's or constable's fees; and fourth, thecourt costs.

Amended by Chapter 240, 1996 General Session