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

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 afterthe deduction from those earnings of amounts required by law to be withheld.
(b) "Garnishment" means any legal or equitable procedure through which the earnings ofan 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 payperiod which is subjected to garnishment to enforce payment of a judgment arising from aconsumer 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 perweek multiplied by the federal minimum hourly wage prescribed by Section 6 (a) (1) of the FairLabor Standards Act of 1938, 29 U.S.C., Section 206 (a) (1), in effect at the time the earnings arepayable.
(3) No court may make, execute, or enforce an order or process in violation of thissection.

Enacted by Chapter 159, 1985 General Session