How to Collect a Judgment
Summary
A judgment entitles the judgment creditor to money, but if the judgment debtor does not voluntarily pay the judgment, the creditor must take steps to collect it. The creditor can have the debtor’s non-exempt property seized and sold. This section describes some common collection procedures.
Return to TopJudgment Lien
A judgment lien on real property is governed by Utah Code Section 78B-5-201 and Utah Code Section 78B-5-202. A judgment lien on real property is not a direct collection of money from the judgment debtor, but the lien prevents the debtor from selling or mortgaging real property until the judgment is paid or expires. Obtain an Abstract of Judgment or a certified copy of the judgment itself from the clerk of the court that entered the judgment. File the judgment or Abstract of Judgment in the office of the County Recorder in the county in which the debtor’s real property is located. If the debtor has real property in more than one county, file in each county. Also file with the County Recorder a Judgment Information Statement.
Identifying the debtor’s property
Rule of Civil Procedure 64(c), Procedures in aid of writs permits the creditor, with the judge’s permission, to use discovery methods to identify the debtor’s property, which might then be seized by a writ of execution or garnishment. The two most common methods of discovery are a hearing and written interrogatories. They permit the creditor to ask questions of the debtor, either orally or in writing, about the debtor’s property. For more information, see our webpage on Identifying the Judgment Debtor’s Property.
Writ of Garnishment
Writs of Garnishment are governed by Rule of Civil Procedure 64D. Use a Writ of Garnishment to seize non-exempt personal property or money owed to the judgment debtor by a third party, such as the debtor’s employer or bank. For more information, see our webpage on Writs of Garnishment.
Writ of Execution
Writs of Execution are governed by Rule of Civil Procedure 64E. Use a Writ of Execution to seize the judgment debtor’s non-exempt real property or personal property in the debtor’s possession. For more information, see our webpage on Writs of Execution.
Writ of Replevin
Writs of Replevin are governed by Rule of Civil Procedure 64B. Use a Writ of Replevin before judgment to recover a particular piece of personal property in the defendant’s possession. A Writ of Replevin is permitted only in narrow circumstances following special procedures.
Writ of Attachment
Writs of Attachment are governed by Rule of Civil Procedure 64C. Use a Writ of Attachment before judgment to seize the defendant’s non-exempt real property or personal property in the defendant’s possession. A Writ of Attachment is permitted only in narrow circumstances following special procedures.
Sale of Property
Once real property and personal property other than money are seized, they can be sold to satisfy the judgment. The sale is governed by Rules of Civil Procedure 69A, 69B, and 69C.
Exemptions
Property exempt from seizure is governed by Utah Code Title 78B, Chapter 5, Part 5, Utah Exemptions Act.
Satisfaction of Judgment
When the judgment is paid in full, the judgment creditor must file a Satisfaction of Judgment with the court. A Satisfaction of Judgment must also be filed with the county recorder in each county in which an Abstract of Judgment was filed. If the judgment is paid and the creditor has not filed a Satisfaction of Judgment, the judgment debtor may file a Motion for Satisfaction of Judgment. Satisfaction of judgment is governed by Rule of Civil Procedure 58B.
Statute of Limitations
The statute of limitations for suing for failure to pay a court judgment is 8 years. Utah Code Section 78B-2-311.
Related Information
- Collecting a Judgment
- Employer's Answers to Garnishment Interrogatories
- Post Judgment Interest Rates
- Fees
- Fee Waiver
- Filing Procedures
- Finding an Attorney
- Free Legal Clinics
- Going to Court
- Identifying the Judgment Debtor’s Property
- Rules of Civil Procedure
- Serving Papers
- Utah Exemptions Act (Utah Code Section 78B-5-501 and the succeeding sections)
- Writs of Execution
- Writs of Garnishment