Utah Courts

UTAH COURTS

Settings
Home Page
Previous Page

Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

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.

If you are an employer who is garnishing earnings, the court has 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, use the court's Online Court Assistance Program (OCAP). Once you have created an OCAP account, the link to Answers to Interrogatories is in the right column under 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 | Word
  • Response to Request for Verification of Employment - PDF | Word
To garnish the debtor's wages
  • Application for Writ of Garnishment - PDF | Word
  • Writ of Continuing Garnishment and Instructions - PDF | Word
  • Garnishee's Answers to Interrogatories for Earnings - PDF | Word
  • Notice of Garnishment and Exemptions - PDF | Word
  • Reply and Request for Hearing (2 copies) - PDF | Word
To garnish the debtor's other personal property
  • Application for Writ of Garnishment - PDF | Word
  • Writ of Garnishment and Instructions - PDF | Word
  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF | Word
  • Notice of Garnishment and Exemptions - PDF | Word
  • Reply and Request for Hearing (2 copies) - PDF | Word
To request that the garnishee be held in contempt of court for failure to follow the Writ of Garnishment
  • Motion to Enforce Writ of Garnishment - PDF | Word
  • Order to Garnishee to Appear and Explain Failure to Comply with Writ of Garnishment - PDF | 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 | Word
  • Reply and Request for Hearing - PDF | 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 | Word
To answer a Writ of Continuing Garnishment
  • Garnishee's Answers to Interrogatories for Earnings - PDF | Word
To answer a Writ of Garnishment
  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF | Word

All Garnishment Forms

  • Request for Verification of Employment - PDF | Word
  • Response to Request for Verification of Employment - PDF | Word
  • Application for Writ of Garnishment - PDF | Word
  • Writ of Continuing Garnishment and Instructions - PDF | Word
  • Garnishee's Answers to Interrogatories for Earnings - PDF | Word
  • Writ of Garnishment and Instructions - PDF | Word
  • Garnishee's Answers to Interrogatories for Property other than Earnings - PDF | Word
  • Notice of Garnishment and Exemptions - PDF | Word
  • Reply and Request for Hearing - PDF | Word
  • Motion to Enforce Writ of Garnishment - PDF | Word
  • Order to Garnishee to Appear and Explain Failure to Comply with Writ of Garnishment - PDF | Word

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 8/8/2018
Return to Top

Facebook YouTube Twitter RSS Feeds


Close ×