Title 70C, Title 70C: Utah Consumer Credit Code

70C-7-102. No garnishment before judgment. Prior to entry of judgment in an action against a debtor relating to a consumer credit agreement, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.

70C-7-103. Definitions -- Limitation on garnishment. (1) As used in this part: "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. "Education loan" means a loan subject…

70C-7-104. No discharge from employment for garnishment. No employer may discharge any employee because the employee's earnings have been subject to garnishment in connection with any one judgment.

70C-7-105. Extortionate extensions of credit. If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm…

70C-7-106. Unconscionability. (1) With respect to a consumer credit agreement, if the court finds the agreement or any part of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the …

70C-7-107. Notice of negative credit report required. (1) As used in this section: "Creditor," in addition to its definition under Section, includes an agent of a creditor engaged in administering or collecting the creditor's accounts. 70C-1-302 "Credit reporting agency" means an…

70C-7-201. Effect of violations by creditors -- Penalties -- Debtor's rights. (1) A debtor is not obligated to pay a charge in excess of that allowed by this title, and if the debtor has paid an excess charge, the debtor has a right to a refund. A refund may be made in whole or i…

70C-7-202. Assignees of creditor. Except as otherwise specifically provided in this title, or unless the assignment is involuntary, any civil action for violation of this title which may be brought against the original creditor in any consumer credit transaction may be maintained…

70C-7-203. Refunds and penalties as setoff to obligation. Refunds or penalties to which the debtor is entitled under this part may be set off against the debtor's obligation and may be raised as a defense to a suit on the obligation without regard to the time limitations prescrib…

70C-7-204. Attorney's fees. In any case where it is found that a creditor has violated this title or its agreement with the debtor, the court may award reasonable attorney's fees to the debtor.

70C-7-205. Statute of limitations. No action under this title may be brought more than one year after the date of the occurrence of the violation. This section does not bar a person from asserting a violation of this title in an action to collect the debt which is brought more th…

70C-7-206. Creditor's defenses. (1) If a creditor establishes by a preponderance of evidence that a violation of this title is unintentional or the result of a bona fide error, no penalty as specified in Sectionsandmay be imposed and the validity of the transaction is not affecte…

70C-8-101. Administration of title. (1) As used in this chapter, "department" means the Department of Financial Institutions. (2) This title shall be administered by the department.

70C-8-102. Powers of department -- Conformity with federal law -- Reliance on rules. (1) In addition to other powers granted by this title, the department, within the limitations provided by law, may: receive and act on complaints, take action designed to obtain voluntary complia…

70C-8-103. Investigatory powers -- Evidence. (1) The department shall conduct studies and examinations of parties subject to this title it deems necessary and appropriate to monitor the kinds and amounts of credit that are being extended to consumers in this state to determine wh…

70C-8-104. Enforcement proceedings. (1) The department may take an action described in Subsectionif the department determines that any party engaging in activities subject to this title is violating or has violated or the department has reasonable cause to believe is about to vio…

70C-8-105. Judicial review. (1) Any party aggrieved by any rule, order, temporary order, decision, ruling, or other act or failure to act by the department under this title is entitled to judicial review. Within 30 days after receiving notice of a rule, order, temporary order, de…

70C-8-106. Debtor's remedies not affected. The grant of powers to the department in this chapter does not affect any remedies available to debtors under this title or under other principles of law or equity.

70C-8-107. Temporary or injunctive relief against unconscionable and fraudulent conduct. (1) The department may bring a civil action to enjoin a person subject to this title from: making or enforcing a term of consumer credit transactions that is unconscionable; engaging in fraud…

70C-8-201. Applicability. (1) Except as provided in Subsection, this part applies to: (2) a creditor that is subject to this title; and a party who: has an office or place of business in this state; and takes an assignment of or undertakes direct collection of a payment from or e…

70C-8-202. Notification. (1) A party who is subject to this part shall file notification with the department at least 30 days before commencing business in this state. After filing the notification required by Subsection (1)(a), a party shall file a notification on or before Dece…

70C-8-203. Fees -- Examinations. (1) A party required to file notification under Sectionshall, on or before December 31 of each year, pay to the department an annual fee of $100. 70C-8-202 (2) In addition to filing notification, a party subject to this part, and a depository inst…