39A-6-114. Installment contracts.

216 words·~1 min read·/ut/title-39a/chapter-6/39a-6-114·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)The creditor of a service member who, prior to entry into state military service, has entered into an installment contract for the purchase of real or personal property may not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.

(2)The court, upon application to it under this section, may, unless the court finds on the record that the ability of the service member to comply with the terms of the contract is not materially affected by reason of the service member's state military service:

(a)order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(b)order a stay of the proceedings on the court's own motion, or on motion by the service member or another individual on the service member's behalf; or

(c)make any other disposition of the case the court considers to be equitable to conserve the interests of all parties.

(3)Any person who knowingly repossesses property which is the subject of this section other than as provided in Subsection

(1)is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 373 , 2022 General Session