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[Utah Code Table of Contents]
[TITLE 15. Table of Contents]
15-4-1 Definitions.
In this chapter:
(1) "Obligation" includes a liability in tort and contractual obligations;
(2) "Obligee" includes a creditor and a person having a right based on a tort;
(3) "Obligor" includes a debtor and a person liable for a tort;
(4) "Several obligors" means obligors severally bound
for the same performance.
1991
15-4-2 Discharge of co-obligors by judgment.
A judgment against one or more of several obligors, or
against one or more of joint or of joint and several obligors,
shall not discharge a co-obligor who was not a party to the
proceeding wherein the judgment was rendered.
1953
15-4-3 Payments by co-obligor.
The amount or value of any consideration received by the
obligee from one or more of several obligors, or from one
or more of joint or of joint and several obligors, in whole
or in partial satisfaction of their obligations shall be
credited to the extent of the amount received on the obligation
of all co-obligors to whom the obligor or obligors giving
the consideration did not stand in the relation of a surety.
1953
15-4-4 Release of co-obligor - Reservation of rights.
Subject to the provisions of Section
15-4-3
, the obligee's release or discharge of one
or more of several obligors, or of one or more of joint or
of joint and several obligors, shall not discharge co-obligors
against whom the obligee in writing and as part of the same
transaction as the release or discharge expressly reserves
his rights; and in the absence of such a reservation of rights
shall discharge co-obligors only to the extent provided in
Section
15-4-5
.
1953
15-4-5 Release of co-obligor - Effect of knowledge of obligee.
If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor then knows or has reason to know that the obligor released or discharged did not pay as much of the claim as he was bound by his contract or relation with that co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.
If an obligee so releasing or discharging an obligor has
not then such knowledge or reason to know, the obligee's
claim against the co-obligor shall be satisfied to the extent
of the lesser of two amounts, namely: (a) the amount of the
fractional share of the obligor released or discharged, or
(b) the amount that such obligor was bound by his contract
or relation with the co-obligor to pay.
1953
15-4-6 Death of joint obligor - Survivorship.
On the death of a joint obligor in contract his executor
or administrator shall be bound as such jointly and severally
with the surviving obligor or obligors.
1953
15-4-6.5 Divorce or separate maintenance of co-obligors.
(1) On the entering of a decree of divorce or separate maintenance of joint debtors in contract, the claim of a creditor remains unchanged unless otherwise provided by the contract or until a new contract is entered into between the creditor and the debtors individually.
(2) In addition to the creditor's duties as a secured party under Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, and the creditor's duties as a trustee or beneficiary of a trust deed under Title 57, Chapter 1, Conveyances, a creditor, who has been notified by service of a copy of a court order under Section 30-3-5 or 30-4-3 that the debtors are divorced or living separately under an order for separate maintenance, and who has been expressly advised of the separate, current addresses of the debtors either by the court order or by other written notice, shall provide to the debtors individually all statements, notices, and other similar correspondence required by law or by the contract.
(3) (a) Except as provided in Subsection (3)(b), a creditor may continue to make negative credit reports of joint debtors under Section 70C-7-107 and may report the repayment practices or credit history of joint debtors under Title 7, Chapter 14, Credit Information Exchange.
(b) With respect to a debtor who is not ordered by the
court under Sections
30-3-5
or
30-4-3
to make payments on a joint obligation, no
negative credit report under Section
70C-7-107
, and no report of the debtor's repayment practices
or credit history under Title 7, Chapter 14, Credit Information
Exchange, may be made regarding the joint obligation after
the creditor is served notice of the court's order as required
under Subsection (2), unless the creditor has made a demand
on the debtor for payment because of the failure to make
payments by the other debtor, who is ordered by the court
to make the payments.
2000
15-4-6.7 Medical expenses of minor children - Collection pursuant to court or administrative order of child support.
(1) When a court order has been entered providing for the payment of medical expenses of a minor child pursuant to Section 30-3-5 , 30-4-3 , or 78-45-7.15 , or an administrative order under Section 62A-11-326 , a creditor who has been provided a copy of the order may not make a claim for unpaid medical expenses against a parent who has paid in full that share of the medical and dental expenses required to be paid by that parent under the order.
(2) When a court order has been entered providing for
the payment of medical and dental expenses of a minor child
pursuant to Section
30-3-5
,
30-4-3
, or
78-45-7.15
, or an administrative order under Section
62A-11-326
and the creditor receives a copy of the order,
the creditor may not make a negative credit report under
Section
70C-7-107
, or report of the debtor's repayment practices
or credit history under Title 7, Chapter 14, Credit Information
Exchange, regarding a parent who has paid in full that share
of the medical and dental expenses required to be paid by
that parent under the order.
1995
15-4-7 Effective date of chapter.
This chapter shall not apply to obligations arising prior
to July 1, 1929.
1953
