39-7-117 - Storage liens. - Utah Statutes

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Statutes > Utah > Title-39 > Chapter-07 > 39-7-117

39-7-117. Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage ofhousehold goods, furniture, or personal effects of a service member in military service during theservice member's period of military service and for 60 days after termination or discharge, exceptupon an order previously granted by a court upon application and a return to the court made andapproved by the court. In the proceeding the court may, after hearing the matter, on its ownmotion, and shall, on application to it by the service member in military service or another personon his behalf, unless in the opinion of the court the ability of the service member to pay thestorage charges due is not materially affected by reason of his military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the interestof all the parties.
(2) The enactment of the provisions of this section may not be construed in any way asaffecting or limiting the scope of Section 39-7-115.
(3) Any person who knowingly takes any action contrary to the provisions of this section,or attempts to do so, is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-07 > 39-7-117

39-7-117. Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage ofhousehold goods, furniture, or personal effects of a service member in military service during theservice member's period of military service and for 60 days after termination or discharge, exceptupon an order previously granted by a court upon application and a return to the court made andapproved by the court. In the proceeding the court may, after hearing the matter, on its ownmotion, and shall, on application to it by the service member in military service or another personon his behalf, unless in the opinion of the court the ability of the service member to pay thestorage charges due is not materially affected by reason of his military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the interestof all the parties.
(2) The enactment of the provisions of this section may not be construed in any way asaffecting or limiting the scope of Section 39-7-115.
(3) Any person who knowingly takes any action contrary to the provisions of this section,or attempts to do so, is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-07 > 39-7-117

39-7-117. Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage ofhousehold goods, furniture, or personal effects of a service member in military service during theservice member's period of military service and for 60 days after termination or discharge, exceptupon an order previously granted by a court upon application and a return to the court made andapproved by the court. In the proceeding the court may, after hearing the matter, on its ownmotion, and shall, on application to it by the service member in military service or another personon his behalf, unless in the opinion of the court the ability of the service member to pay thestorage charges due is not materially affected by reason of his military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the interestof all the parties.
(2) The enactment of the provisions of this section may not be construed in any way asaffecting or limiting the scope of Section 39-7-115.
(3) Any person who knowingly takes any action contrary to the provisions of this section,or attempts to do so, is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session