Utah Admin. Code R21-1-8 - Applying Interest and Fees

(1) Each payment received on a trust receivable shall be applied to the following items in the priority listed:

(a) First, the collection fee, up to a percentage determined by OSDC;

(b) Second, 2% penalty;

(c) Third, the trust receivable principal balance up to the total amount of the receivable; and

(d) Fourth, the accrued postjudgment interest.

(2) Each payment received on a receivable that includes trust and state receivable balances shall be applied to the following items in the priority listed:

(a) First, the collection fee, up to a percentage determined by OSDC;

(b) Second, 2% penalty;

(c) Third, 5% OSDC interest when applicable;

(d) Fourth, the trusts receivable balance until paid in full;

(e) Fifth, the accrued trust postjudgement interest;

(f) Sixth, the state receivable balance; and

(g) Seventh, accrued postjudgement interest on the state receivable balance.

(3) Each payment received on a receivable owed only to the state shall be applied to the following items in the priority listed:

(a) First, the collection fee, up to a percentage determined by OSDC;

(b) Second, 2% penalty;

(c) Third, 5% OSDC interest when applicable;

(d) Fourth, the principal receivable balance; and

(e) Fifth, accrued postjudgment interest when applicable.

(4)

(a) A trust payment sent to a victim of a crime that is returned to OSDC because of a bad address shall be retained by OSDC until the victim is located or statute requires transfer to another agency.

(b) Each payment shall continue to be applied to the trust balance until it is paid in full, and any payment received after the trust is paid in full shall be applied to another applicable debt.

Notes

Utah Admin. Code R21-1-8

Amended by Utah State Bulletin Number 2019-17, effective 8/7/2019 Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021 Amended by Utah State Bulletin Number 2024-20, effective 10/10/2024