reglab/housing_qa huggingface dataset:
UT Code § 70C-7-102 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 1 - Limitation on Creditors' Remedies|Section 102 - No garnishment before judgment.

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.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-103 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 1 - Limitation on Creditors' Remedies|Section 103 - Definitions -- Limitation on garnishment.

 Effective 3/27/2014  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 after the deduction from those earnings of amounts required by law to be withheld.     (b) "Education loan" means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), made by a depository institution that:   (i) is closed end;     (ii) is a qualified education loan as defined in 26 U.S.C. Sec. 221(d);     (iii) expressly states in the original loan documents that it is a qualified education loan or the proceeds will be used solely for qualified higher education expenses as defined in 26 U.S.C. Sec 221(d); and     (iv) in a bankruptcy filing, the loan or any indebtedness relating to the loan is subject to the provisions of 11 U.S.C. Sec. 523(a)(8).       (c) "Garnishment" means a legal or equitable procedure through which the earnings of an 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 pay period that is subjected to garnishment to enforce payment of a judgment arising from a consumer credit agreement may not exceed the lesser of:   (a) 25% of the individual's disposable earnings for that pay period;     (b) the amount by which the individual's disposable earnings for that pay period exceed 30 hours per week multiplied by the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 206(a)(1), in effect at the time the earnings are payable; or     (c) 15% of the individual's disposable earnings for that pay period if the judgment relates to an education loan.       (3) A court may not make, execute, or enforce an order or process in violation of this section.    Amended by Chapter 84, 2014 General Session
UT Code § 70C-7-104 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 1 - Limitation on Creditors' Remedies|Section 104 - No discharge from employment for garnishment.

70C-7-104. No discharge from employment for garnishment.  No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-105 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 1 - Limitation on Creditors' Remedies|Section 105 - Extortionate extensions of credit.

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 to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through any judicial proceedings against the debtor.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-106 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 1 - Limitation on Creditors' Remedies|Section 106 - Unconscionability.

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 agreement without the unconscionable clause if that will avoid any unconscionable result.     (2) If it is claimed or appears to a court that a consumer credit agreement or any part of it may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.     (3) For the purposes of this section, a charge or practice expressly permitted by this title is not in itself unconscionable.     (4) If the court as a matter of law finds a consumer credit agreement or any part of the agreement to have been unconscionable, then in addition to the relief provided for in Subsection (1), the party in violation of this section is liable and the debtor may recover from it a penalty in an amount determined by the court of:   (a) not less than $100 nor more than $5,000; and     (b) the cost of the action together with a reasonable attorney's fee.       (5) The penalties provided for in Subsection (4) may not be imposed upon an assignee of the creditor's rights in a consumer credit contract found as a matter of law to be unconscionable in whole or in part unless the debtor establishes by a preponderance of the evidence that the assignee knew the agreement was a consumer credit contract at the time the assignment occurred and also knew of the facts or circumstances on which the court based its finding of unconscionability.     (6) No class action may be brought under this section except for injunctive or declaratory relief.     (7) Nothing contained in Subsection (6) prevents the recovery of penalties by a debtor as provided in Subsection (4).    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-201 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 201 - Effect of violations by creditors -- Penalties -- Debtor's rights.

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 he has paid an excess charge he has a right to a refund. A refund may be made in whole or in part by reducing the debtor's obligation by the amount of the excess charge. If the debtor has paid an amount in excess of the lawful obligation under the agreement, the debtor may recover the excess amount from the party who made the excess charge or from an assignee of the creditor's rights who undertakes direct collection of payments from or enforcement of rights against the debtor with respect to the debt.     (2) If a debtor is entitled to a refund and a party liable to the debtor in bad faith refuses to make a refund within a reasonable time after demand, the debtor may recover from that party a penalty in an amount to be determined by a court not exceeding the greater of either the amount of the finance charge or 10 times the amount of the excess charge. If the creditor has made an excess charge in deliberate violation of or in reckless disregard for this title, the penalty may be recovered even though the creditor has refunded the excess charge.    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-202 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 202 - Assignees of creditor.

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 against any subsequent assignee of the original creditor where the violation from which the alleged liability arose is apparent on the face of the instrument assigned.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-203 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 203 - Refunds and penalties as setoff to obligation.

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 prescribed by this part.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-204 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 204 - Attorney's fees.

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.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-205 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 205 - Statute of limitations.

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 than one year after the date of the occurrence of the violation as a matter of defense by recoupment or setoff to the extent of the outstanding balance of the debt.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-7-206 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 7 - Remedies and Penalties|Part 2 - Debtors' Remedies|Section 206 - Creditor's defenses.

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 Sections 70C-7-201 and 70C-7-204 may be imposed and the validity of the transaction is not affected.     (2) A creditor or assignee has no liability under this part for any failure to comply with any requirement imposed under this title if within 60 days after discovering an error, and prior to the institution of an action under this chapter or the receipt of written notice of the error from the debtor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.     (3) No provision of this part imposing any penalty applies to any action done or omitted in good faith in conformity with some provision of this title, notwithstanding that after the action or omission has occurred the provision is amended, rescinded, or determined by judicial or other competent authority to be invalid for any reason.    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-8-101 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 101 - Administration of title.

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.    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-8-102 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 102 - Powers of department -- Conformity with federal law -- Reliance on rules.

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:   (a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence administrative or judicial proceedings on its own initiative;     (b) counsel persons and groups on their rights and duties under this title;     (c) establish programs for the education of consumers with respect to credit practices and problems;     (d) make studies appropriate to effectuate the purposes and policies of this title and make the results available to the public;     (e) adopt, amend, and repeal rules to supplement, interpret, or carry out the provisions of this title;     (f) maintain offices within this state; and     (g) employ any necessary hearing examiners, clerks, and other employees and agents.       (2) The department may adopt rules that supersede any provisions of this title that are or come into conflict with the Federal Consumer Credit Protection Act or its implementing Regulation Z if the department:   (a) finds such a conflict to exist; and     (b) declares that the purpose of superseding this title is to resolve that conflict.       (3) Except for refund of an excess charge, no liability is imposed under this title for an act done or omitted in conformity with the rule of the department, notwithstanding that after the act or omission the rule may be amended or repealed or be determined by judicial or other competent authority to be invalid for any reason.     (4) A rule or any part of a rule adopted by the department under this title may not be determined by any judicial or other authority to be invalid in whole or in part unless such judicial or other authority expressly finds that the rule or part of the rule is arbitrary, capricious, and constitutes an abuse of discretion, or exceeds the authority granted to the department by this title, or is otherwise unlawful.     (5) The department shall coordinate with representatives of education, government, and the financial services industry and assist in the preparation of an initiative to develop, implement, and monitor a financial services education curriculum that is:   (a) to be made available to the public; and     (b) appropriate for use in the public schools.      Amended by Chapter 43, 2013 General Session
UT Code § 70C-8-103 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 103 - Investigatory powers -- Evidence.

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 whether violations of this title and other applicable laws, rules, and regulations pertaining to consumer credit are occurring and the frequency and seriousness of them, and to obtain additional information the department deems necessary or useful to perform its duties as administrator of this title.     (2) In addition to the studies and examinations provided for in Subsection (1), if the department has probable cause to believe that a party has engaged in an act which is subject to action by the department, it may make an investigation to determine if the act has been committed. To the extent necessary for this purpose, the department may administer oaths or affirmations under penalty of perjury, and, upon its own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence under penalty of perjury, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things of any kind or nature and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.     (3) If the department requires the production of records which are located outside this state, the party shall either make them available to the department at a convenient location within this state or pay the reasonable and necessary expenses for the department to examine them at the place where they are maintained. The department may designate representatives, including officials of the state in which the records are located, to inspect them on its behalf.     (4) Upon failure without lawful excuse to obey a subpoena or give testimony, and upon reasonable notice to all affected persons, the department may apply to the district court for an order compelling compliance.     (5) The department may not make public the name or identity of a person whose acts or conduct it investigates pursuant to this section or the facts disclosed in the investigation.     (6) Subsection (5) does not apply to disclosures in enforcement proceedings conducted pursuant to this title.    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-8-105 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 105 - Judicial review.

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, decision, or other ruling, or within 120 days after the department has failed to act upon a request or application, the aggrieved party may file an application for judicial review with a court of competent jurisdiction in the county in which the applicant is located or in the Third District Court. The court may void any rule, order, temporary order, decision, ruling, or other act of the department it finds to be arbitrary, capricious, an abuse of discretion, in excess of the department's authority, or otherwise contrary to law.     (2) Any party upon showing that it may be subject to potential irreparable injury by any proposed rule or order of the department may, without exhausting its administrative remedies, apply for a declaratory judgment as to any question of law arising out of the rule or order. The applications shall be filed in the Third District Court.     (3) Any action for judicial review of acts or failures to act of the department shall be heard by the court and shall be based on the record made before the department unless the court finds good cause to admit additional and otherwise proper evidence.     (4) Filing an application for judicial review does not stay the adoption or enforcement of any rule, order, temporary order, decision, or ruling of the department. The court may expressly stay any rule, order, decision, or ruling of the department during the pendency of judicial proceedings challenging them upon terms and conditions it deems appropriate after finding that the possible harm to all interested parties is, on balance, likely to be less if the stay is imposed, or if the applicant and the department stipulate to the imposition of a stay.    Enacted by Chapter 159, 1985 General Session
UT Code § 70C-8-106 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 106 - Debtor's remedies not affected.

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.  Enacted by Chapter 159, 1985 General Session
UT Code § 70C-8-107 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 1 - Powers and Functions of Department|Section 107 - Temporary or injunctive relief against unconscionable and fraudulent conduct.

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:   (a) making or enforcing a term of consumer credit transactions that is unconscionable;     (b) engaging in fraudulent conduct in inducing consumers to enter into a consumer credit transaction; or     (c) engaging in conduct of the type specified in Subsection (1)(a) or (b) with respect to a transaction that gives rise to or leads a person to believe will give rise to a consumer credit transaction.       (2) An action brought pursuant to this section is subject to the requirements of Utah Rules of Civil Procedure, Rule 65A.    Enacted by Chapter 208, 1999 General Session
UT Code § 70C-8-201 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 2 - Notification and Fees|Section 201 - Applicability.

70C-8-201. Applicability.    (1) Except as provided in Subsection (2), this part applies to:   (a) a creditor that is subject to this title; and     (b) a party who:   (i) has an office or place of business in this state; and     (ii) takes an assignment of or undertakes direct collection of a payment from or enforcement of a right against a debtor arising from a consumer credit transaction.         (2) Except where otherwise indicated, the following are exempt from this part:   (a) a depository institution as defined in Section 7-1-103 that is federally insured; and     (b) a wholly owned subsidiary of a depository institution described in Subsection (2)(a).      Amended by Chapter 72, 2009 General Session
UT Code § 70C-8-202 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 2 - Notification and Fees|Section 202 - Notification.

70C-8-202. Notification.    (1)   (a) A party who is subject to this part shall file notification with the department at least 30 days before commencing business in this state.     (b) After filing the notification required by Subsection (1)(a), a party shall file a notification on or before January 31 of each year.     (c) A notification required by this Subsection (1) shall:   (i) state the name of the party;     (ii) state the name in which the business is transacted if different from that required in Subsection (1)(c)(i);     (iii) state the address of the party's principal office, which may be outside this state;     (iv) state the address of:   (A) each office or retail store, if any, in this state at which credit is offered or extended to a consumer; or     (B) in the case of a party taking an assignment of an obligation, each office or place of business within this state at which business is transacted;       (v) if credit is extended to a consumer other than at an office or retail store in this state, state a brief description of the manner in which the credit transaction occurs;     (vi) state the name and address in this state of a designated agent upon whom service of process may be made;     (vii) submit evidence satisfactory to the commissioner that the person is authorized to conduct business in this state as a domestic or foreign entity pursuant to filings with the Division of Corporations and Commercial Code under Title 16, Corporations, or Title 48, Unincorporated Business Entity Act; and     (viii) provide any other information considered pertinent by the department.         (2) If information in a notification becomes inaccurate after filing, a party is not required to file further notification until required to renew the party's notification.     (3)   (a) A party who fails to file a notification or pay a fee required by this part may not extend credit to a consumer in this state until the party fully complies with this part.     (b) A party who willfully violates this Subsection (3) is guilty of a class B misdemeanor.      Amended by Chapter 73, 2013 General Session