Writs of Garnishment
Statutes and Rules
If there is a difference between this website and the statutes and rules, the statutes and rules govern.
Return to TopWrit 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/. Note the session number; you may return to it for up to 180 days.
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 |
Word
- Response to Request for Verification of Employment -
To garnish the debtor's wages
- Application for Writ of Garnishment -
- Writ of Continuing Garnishment and Instructions -
- Garnishee's Answers to Interrogatories for Earnings -
- Notice of Garnishment and Exemptions -
- Reply and Request for Hearing (2 copies) -
To garnish the debtor's other personal property
- Application for Writ of Garnishment -
- Writ of Garnishment and Instructions -
- Garnishee's Answers to Interrogatories for Property other than Earnings -
- Notice of Garnishment and Exemptions -
- Reply and Request for Hearing (2 copies) -
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 -
- Order to Garnishee to Show Cause -
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.
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
To answer a Writ of Continuing Garnishment
To answer a Writ of Garnishment
All Garnishment Forms
- Creditor's Checklist -
- Debtor's Checklist -
- Garnishee's Checklist -
- Request for Verification of Employment -
- Response to Request for Verification of Employment -
- Application for Writ of Garnishment -
- Writ of Continuing Garnishment and Instructions -
- Garnishee's Answers to Interrogatories for Earnings -
- Writ of Garnishment and Instructions -
- Garnishee's Answers to Interrogatories for Property other than Earnings -
- Notice of Garnishment and Exemptions -
- Reply and Request for Hearing -
- Motion for Order to Garnishee to Show Cause -
- Order to Garnishee to Show Cause -
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
- Motion to Renew Judgment
- Rules of Civil Procedure
- Satisfaction of Judgment
- Serving Papers
- Utah Exemptions Act (Utah Code Section 78B-5-501 and the succeeding sections)
- Writs of Execution
- Writs of Garnishment