LegalFix

Section 104 - Delinquency and default as contempt of court.

UT Code § 77-32a-104 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) If a criminal judgment accounts receivable, or any installment due, becomes delinquent, the court, upon motion of the prosecutor, a judgment creditor, or upon the court's own motion, may order the defendant to appear and show cause why the delinquency should not be treated as contempt of court as provided in Section 78B-6-317.

(2) After the hearing, if it appears to the satisfaction of the court that the delinquency is not contempt, the court may enter an order for any of the following or any combination of the following: (a) require the defendant to pay the criminal judgment account receivable or a specified part of the criminal judgment account receivable by a date certain; (b) restructure the payment schedule; (c) restructure the installment amount; (d) except as limited by Subsection (4), satisfy the criminal judgment account receivable or any part of the criminal judgment account receivable with proof of compensatory service at a rate of credit at not less than $10 for each hour of compensatory service; (e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the criminal judgment account receivable; or (f) record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the judgment to the Office of State Debt Collection.

(a) require the defendant to pay the criminal judgment account receivable or a specified part of the criminal judgment account receivable by a date certain;

(b) restructure the payment schedule;

(c) restructure the installment amount;

(d) except as limited by Subsection (4), satisfy the criminal judgment account receivable or any part of the criminal judgment account receivable with proof of compensatory service at a rate of credit at not less than $10 for each hour of compensatory service;

(e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the criminal judgment account receivable; or

(f) record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the judgment to the Office of State Debt Collection.

(3) The court may add postjudgment interest to the total accounts receivable if not previously ordered or included.

(4) If the court determines that the delinquency does constitute contempt the court shall address the contempt as provided in Section 78B-6-310.

(5) In issuing an order under this section, the court may not modify the amount of the judgment of complete restitution.

(6) If the defendant is a corporation or unincorporated association, any contempt proceeding authorized by this section shall cite the person authorized to make disbursement from the assets of the corporation or association.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 104 - Delinquency and default as contempt of court.