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[Utah Code Table of Contents]
[TITLE 34. Table of Contents]
34-26-1 Extent and condition of preference.
If any property of any person is seized through any process
of any court, or when his business is suspended by the act
of creditors or is put into the hands of a receiver, assignee,
or trustee, either by voluntary or involuntary action, the
amount owing to workmen, clerks, traveling or city salesmen,
or servants, for work or labor performed within five months
next preceding the seizure or transfer of the property shall
be considered and treated as preferred debts, and the workmen,
clerks, traveling and city salesmen, and servants shall be
preferred creditors, the first to be paid in full. If there
are not sufficient proceeds to pay them in full, then the
proceeds shall be paid to them pro rata, after paying costs.
No officer, director, or general manager of a corporation
employer or any member of an association employer or partner
of a partnership employer is entitled to this preference.
1987
34-26-2 Claim - Notice.
Any such employee, laborer or servant desiring to enforce
his claim for wages under this chapter shall present a statement
under oath to the officer, person or court charged with such
property within ten days after the seizure of it on any process,
or within thirty days after the same may have been placed
in the hands of any receiver, assignee or trustee, showing
the amount due after allowing all just credits and setoffs,
the kind of work for which such wages are due and when performed.
Any person with whom any such claim shall have been filed
shall give immediate notice thereof by mail to all persons
interested, and, if the claim is not contested as provided
in Section
34-26-3
, it shall be the duty of the person or the
court receiving such statement to pay the amount of such
claim or claims to the person or persons entitled thereto,
after first paying all costs occasioned by the seizure of
such property, out of the proceeds of the sale of the property
seized.
1969
34-26-3 Claim - Exceptions - Contest.
Any person interested may within ten days after the notice
of presentment of said statement contest such claims, or
any part of them, by filing exceptions to them supported
by affidavit with the officer or court having the custody
of such property, and thereupon the claimant shall be required
to reduce his claim to judgment in some court having jurisdiction
before any part thereof shall be paid. The person contesting
shall be made a party defendant in any such action and shall
have the right to contest such claim, and the prevailing
party shall recover proper costs.
1969
34-26-4 "Wages" defined.
Whenever used in this chapter, "wages" shall mean all
amounts due the employee for labor or services, whether the
amount is fixed or ascertained on a time, task, piece, commission
basis or other method of calculating such amount.
1969
