Writs of Garnishment


Statutes and Rules

If there is a difference between this website and the statutes and rules, the statutes and rules govern.


Writ of Garnishment

Writs of Garnishment are governed by Rule of Civil Procedure 64D. Use a Writ of Garnishment to withhold non-exempt personal property or money owed to the judgment debtor by a third party, such as the debtor's employer or bank. There are two types of forms for Writs of Garnishment: one for wages and one for other property. If there is more than one garnishee, or if someone other than the debtor claims an interest in the debtor's property, the creditor must complete a separate set of forms, including checks for fees, for each.


Confirm Ownership of Property

Before serving a Writ of Garnishment, the creditor must exercise reasonable diligence to make sure that the property to be withheld is in fact the debtor's property. If the creditor fails to do this, and the property belongs to someone other than the debtor, the creditor might be liable to the owner for up to $1000. Utah Code Section 78A-2-216.

The creditor can verify the debtor's employment before garnishing the debtor's wages, and avoid the risk of liability if the employer does not respond. Utah Code Section 78A-2-216.


Garnishee

The garnishee is the person that is holding the debtor's property, such as a bank or an employer. The Writ of Garnishment contains instructions to the garnishee about what to do.

For employers withholding wages, the courts have prepared an interactive worksheet that will calculate the amount to be withheld and prepare the Answers to Interrogatories form ready for filing. To use the worksheet, go to the Utah courts' website at https://www.utcourts.gov/ocap/emp_garnishment/.


Person other than the Judgment Debtor who has an Interest in the Property

If a person with an interest in the property being garnished, such as a joint bank account, is not the debtor, that person must take appropriate steps to protect that interest.


Forms

The forms available on this website can be printed, completed, filed with the court and served on other parties.

For Creditors

To verify the debtor's employment

  • Request for Verification of Employment - PDF Document PDF | Word Document Word
  • Response to Request for Verification of Employment - PDF Document PDF | Word Document Word

To garnish the debtor's wages

  • Application for Writ of Garnishment - PDF Document PDF | Word Document Word
  • Writ of Continuing Garnishment and Instructions - PDF Document PDF | Word Document Word
  • Garnishee's Answers to Interrogatories for Earnings - PDF Document PDF | Word Document Word
  • Notice of Garnishment and Exemptions - PDF Document PDF | Word Document Word
  • Reply and Request for Hearing (2 copies) - PDF Document PDF | Word Document Word

To garnish the debtor's other personal property

  • Application for Writ of Garnishment - PDF Document PDF | Word Document Word
  • Writ of Garnishment and Instructions - PDF Document PDF | Word Document Word
  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF Document PDF | Word Document Word
  • Notice of Garnishment and Exemptions - PDF Document PDF | Word Document Word
  • Reply and Request for Hearing (2 copies) - PDF Document PDF | Word Document Word

To request that the garnishee be held in contempt of court for failure to follow the Writ of Garnishment

  • Motion for Order to Garnishee to Show Cause - PDF Document PDF | Word Document Word
  • Order to Garnishee to Show Cause - PDF Document PDF | Word Document Word

For Debtors

To claim an exemption, challenge the Writ of Garnishment or challenge the withholding

Note to debtor: You should have been served with the correct forms. These are provided for your information.

  • Notice of Garnishment and Exemptions - PDF Document PDF | Word Document Word
  • Reply and Request for Hearing - PDF Document PDF | Word Document Word

For Garnishees

Note to garnishee: You should have been served with the correct forms. These are provided for your information.

To answer a Request for Verification of Employment

  • Response to Request for Verification of Employment - PDF Document PDF | Word Document Word

To answer a Writ of Continuing Garnishment

  • Garnishee's Answers to Interrogatories for Earnings - PDF Document PDF | Word Document Word

To answer a Writ of Garnishment

  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF Document PDF | Word Document Word

All Garnishment Forms

  • Creditor's Checklist - PDF Document PDF | Word Document Word
  • Debtor's Checklist - PDF Document PDF | Word Document Word
  • Garnishee's Checklist - PDF Document PDF | Word Document Word
  • Request for Verification of Employment - PDF Document PDF | Word Document Word
  • Response to Request for Verification of Employment - PDF Document PDF | Word Document Word
  • Application for Writ of Garnishment - PDF Document PDF | Word Document Word
  • Writ of Continuing Garnishment and Instructions - PDF Document PDF | Word Document Word
  • Garnishee's Answers to Interrogatories for Earnings - PDF Document PDF | Word Document Word
  • Writ of Garnishment and Instructions - PDF Document PDF | Word Document Word
  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF Document PDF | Word Document Word
  • Notice of Garnishment and Exemptions - PDF Document PDF | Word Document Word
  • Reply and Request for Hearing - PDF Document PDF | Word Document Word
  • Motion for Order to Garnishee to Show Cause - PDF Document PDF | Word Document Word
  • Order to Garnishee to Show Cause - PDF Document PDF | Word Document Word

Related Information


Page Last Modified: 10/30/2013
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