39-7-116 - Application for relief. - Utah Statutes

39-7-116. Application for relief.
(1) A person may, at any time during his period of military service or within 60 days afterdischarge or termination, apply to a court for relief in respect of any obligation or liabilityincurred 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 theapplicant to comply with the terms of the obligation or liability has not been materially affectedby 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 forthe purchase of real estate, or secured by a mortgage or other instrument in the nature of amortgage upon real estate, a stay of the enforcement of the obligation during the applicant'speriod of military service and, from the date of termination of the period of military service orfrom the date of application if made after termination of military service, for a period equal to theperiod of the remaining life of the installment contract or other instrument plus a period of timeequal to the period of military service of the applicant, or any part of the combined period, subjectto payment of the balance of principal and accumulated interest due and unpaid at the date oftermination of the period of military service or from the date of application, in equal installmentsduring the combined period at the rate of interest on the unpaid balance as is prescribed in thecontract, or other instrument evidencing the obligation, for installments paid when due, andsubject 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 theapplicant's period of military service and, from the date of termination of the period of militaryservice 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 thatperiod, subject to payment of the balance of principal and accumulated interest due and unpaid atthe date of termination of the period of military service or the date of application, in equalperiodic installments during the extended period at the rate of interest prescribed for the obligationor liability, if paid when due, and subject to other terms the court considers to be reasonable andjust.
(3) When any court has granted a stay as provided in this section, a fine or penalty maynot be accrued for failure to comply with the terms or conditions of the obligation or liability forwhich the stay was granted during the period the terms and conditions of the stay are compliedwith.

Enacted by Chapter 306, 1997 General Session