Identifying the Judgment Debtor's Property (Supplemental Proceedings)

Collection Writs

If the judgment debtor does not pay in full, or make satisfactory arrangements for payments over time, there are procedures to seize and sell the debtor's non-exempt property to pay the judgment. Use a Writ of Execution to seize and sell property under the debtor's control. Use a Writ of Garnishment to seize and sell property under the control of someone other than the debtor, such as the debtor's bank (bank account) or the debtor's employer (wages).

There is a filing fee for a Writ of Garnishment or a Writ of Execution. For more information, see our webpage on Fees.

 

Hearing to Identify the Debtor's Property

Before the court will issue a Writ of Garnishment or a Writ of Execution, the creditor must identify the property to be seized and its location.

The creditor can ask the court to order the debtor to attend a hearing and answer questions about his or her property. This hearing is often called a "supplemental proceeding" and the order scheduling the hearing is often called a "supp order."

The creditor can also send written questions to the debtor. If the debtor serves the answers on the creditor at least 3 days before the hearing and answers the questions to the creditor's satisfaction, the creditor will cancel the hearing. This saves time and money for both parties.

 

Sanctions for Failing to Appear at the Hearing

Bench Warrant

If the debtor fails to appear at the hearing, the creditor can file a Motion to Enforce Order and Request for either a finding of contempt, or a bench warrant, or both. The Motion must be filed with an Order to Appear. The court will schedule another hearing. The Motion and the Order to Appear must both be served under Utah Rule of Civil Procedure 4 . See our page on Service for more information.

If the Motion and Order to Appear are served personally, and if the debtor fails to appear at the next hearing, the creditor can ask the court to issue a bench warrant. When the court issues a bench warrant, it will: (1) reschedule the hearing; and (2) set a bail amount. A bench warrant must be served on the debtor by a constable or deputy sheriff.

 

Forms

For Creditors

To Request a Hearing to Identify the Debtor's Property (Supplemental Proceeding)
  • 1301DC
  • 1302DC
  • 1303DC
To ask for an Order to Appear and Explain Failure to Comply with Order
  • 1305DC
  • 1110GE
  • 1307DC
  • 1306DC

For Debtors

  • 1303DC
  • 1304DC