Funk v. Utah State Tax Commission

839 P.2d 818, 190 Utah Adv. Rep. 22, 1992 Utah LEXIS 51, 1992 WL 150859
CourtUtah Supreme Court
DecidedJune 30, 1992
Docket910196
StatusPublished
Cited by14 cases

This text of 839 P.2d 818 (Funk v. Utah State Tax Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Funk v. Utah State Tax Commission, 839 P.2d 818, 190 Utah Adv. Rep. 22, 1992 Utah LEXIS 51, 1992 WL 150859 (Utah 1992).

Opinion

STEWART, Justice:

Plaintiff appeals from a district court order granting a motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Utah Rules of Civil Procedure. We affirm.

We take the facts alleged in the complaint as true. In 1989, First Security Bank obtained a judgment of approximately $1,800 against plaintiff Jacqueline Funk. Pursuant to its judgment, First Security obtained a writ of garnishment that directed the Utah State Tax Commission to attach plaintiff’s 1989 state tax refund of $75.30 and pay it to First Security. Over plaintiff’s protest, the Tax Commission complied with the writ of garnishment and paid the entire refund to First Security.

Plaintiff filed this action in the district court, seeking injunctive and declaratory relief regarding the State Tax Commission’s practice of releasing tax refunds to judgment creditors pursuant to a writ of garnishment. The complaint set forth two grounds for relief. First, it alleged that the Tax Commission, as a political subdivision of the state, is immune from garnishment proceedings because there is an absence of specific legislative authorization. Therefore the Commission violated state law by complying with First Security’s writ of garnishment. Second, the complaint alleged that even if the Commission is not immune from garnishment proceedings, plaintiff’s rights under federal and state law were violated by turning the entire refund over to First Security because state tax refunds retain their status as earned income and, as such, are wholly or partially exempt from garnishment under Rule 64D(d)(viii) of the Utah Rules of Civil Procedure and 15 U.S.C. § 1673(a) (1988).

The Commission responded to the complaint with a motion to dismiss for failure to state a claim upon which relief could be granted. The district court granted the *820 Commission’s motion on the grounds that (1) Utah Code Ann. § 78-27-15 (1987) authorizes the State to respond to the garnishment of a nonstate employee’s tax refunds and (2) tax refunds do not constitute “disposable earnings” and therefore are not subject to the limitations found in Rule 64D(d)(viii) and 15 U.S.C. § 1673(a). Plaintiff appeals from the district court’s dismissal.

We first address whether the district court correctly held that Utah Code Ann. § 78-27-15 authorizes the State to comply with a writ of garnishment on a nonstate employee’s tax refund. Section 78-27-15 is entitled “Salaries of public officers subject to garnishment” and provides:

The state of Utah, any county, city, town, district, board of education or other subdivision of the state, and any officer, board or institution, having in its possession or under its control any credits or other personal property of, or owing any debt to, the defendant in any action, whether as salary or wages, as a public official or employee, or otherwise, shall be subject to attachment, garnishment and execution under such rights, remedies and procedure as are or may be made applicable to attachment, garnishment and execution, respectively, in other cases, except as in the next section [§• 78-27-16 1 ] provided.

Plaintiff argues that this section authorizes the State to comply with garnishments only against public employees, not nonpublic employees. She submits that “public official or employee” clearly modifies “the defendant in any action.” Plaintiff, however, fails to take into account the words “or otherwise” following “public official or employee.” If the statute were intended to apply only to public employees, there would be no need to add “or otherwise.” The “or otherwise” language and the phrase “the defendant in any action” indicate that the legislature intended the statute to have broad application.

Plaintiff next argues that the caption of the statute supports her interpretation. The title or caption of a statute, however, is not part of the statute’s text. See Young v. Barney, 20 Utah 2d 108, 433 P.2d 846, 847 (1967). Although this Court has previously looked to captions to aid in the ascertainment of a statute’s intent, we have only done so in cases of ambiguous statutory language. Id.) see also American Elec. Power Serv. Corp. v. State, 619 P.2d 314, 315 (Utah 1980). In any event, the caption here is clearly narrower than the plain language of the statute. The caption refers only to salaries as being subject to garnishment, while the text refers to salaries, wages, credits, personal property, and debts.

Finally, plaintiff relies on State v. Allred, 102 Ariz. 102, 425 P.2d 572 (1967). In Allred, the Arizona Supreme Court held that the state’s racing commission was not subject to a garnishment proceeding because the legislature had only authorized the garnishment of wages of state employees or officials. That case, however, is distinguishable because it involved the construction of a significantly different statute. The statute in Allred provided:

The salaries of officers, deputies, clerks and employees of the state or its political subdivisions shall be subject to garnishment as provided in this article, and such garnishment shall not be construed as against public policy.

Ariz.Rev.Stat.Ann. § 12-1601 (1988). Unlike § 78-27-15, the Arizona statute specifically states that “the salaries of officers ... and employees of the state” are subject to garnishment. It does not enumerate other types of property subject to garnishment, such as credits and debts, nor does it contain such broad language as “any defendant” or “or otherwise.” In short, the language of § 78-27-15 is drafted more broadly and encompasses a wider range of whose and what property in the possession of the state is subject to garnishment. Thus, plaintiff’s reliance on Allred is misplaced.

*821 Although the legislature can limit how and when the state may be subject to garnishment, in the statute at issue it has opted to allow broad rights of garnishment. In sum, § 78-27-15 authorizes the Commission to comply with a writ of garnishment of a state tax refund owing to nonpublic employees.

We now turn to plaintiff’s claim that a state tax refund constitutes “disposable earnings” under Rule 64D(d)(viii) and 15 U.S.C. § 1673(a) and is therefore wholly or partially exempt from garnishment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Blendtec
D. Utah, 2020
Salt Lake City v. Howe
2016 UT App 219 (Court of Appeals of Utah, 2016)
Asset Acceptance LLC v. Utah State Treasurer
2016 UT App 25 (Court of Appeals of Utah, 2016)
Graves v. North Eastern Services, Inc.
2015 UT 28 (Utah Supreme Court, 2015)
Graves v. No. E. Services Inc.
2015 UT 28 (Utah Supreme Court, 2015)
Smith v. Price Development Co.
2005 UT 87 (Utah Supreme Court, 2005)
Genesee County Friend of the Court v. General Motors Corp.
626 N.W.2d 395 (Michigan Supreme Court, 2001)
Genesee County Friend of Court v. General Motors Corp.
605 N.W.2d 349 (Michigan Court of Appeals, 1999)
Stephens v. Bonneville Travel, Inc.
935 P.2d 518 (Utah Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
839 P.2d 818, 190 Utah Adv. Rep. 22, 1992 Utah LEXIS 51, 1992 WL 150859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-utah-state-tax-commission-utah-1992.