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Garnishment and Debt Help

What is a garnishment?

If a court decides one person owes money to another, it enters a judgment. This judgment identifies the creditor (the person owed money), the debtor (the person who owes money), and the amount owed.

One way to collect this money is through a Writ of Garnishment. This is a court order that requires a garnishee (a third party holding your earnings or money, like an employer or bank) to send the debtor's property to the creditor to pay the debt. By law, a creditor cannot take all of a person's money. Some earnings and property are protected so the debtor can pay for basic needs. URCP 64D (Rules of Civil Procedure).

Who this page applies to

If you are a creditor: See the How to apply for a Writ of Garnishment page for information about the process for asking for a writ of garnishment, and forms. 

If you are a garnishee: See the Responsibilities of Garnishees page for information about your responsibilities.

If you are the debtor, this page explains the legal procedures and protections available during garnishment, and how to use the necessary forms. It is important to understand that a judge cannot stop a garnishment or set aside a judgment based on financial hardship or an inability to pay.

  • If you are the joint owner of the property: If you own part of the property being taken (like a joint bank account) but do not owe the debt, you can ask the court to release your share. You must file a Reply and Request for Hearing (available in the Forms section below) within 14 days of receiving notice.  

Select an option below to jump to information on challenging the garnishment, objecting to the judgment, or seeking debt relief: 

Types of Garnishment

There are two kinds of writs of garnishment used to collect a judgment:

  • Writs of Continuing Garnishment - used to garnish earnings (wages)
  • Writs of Garnishment - used to garnish other property, (like a bank account) 

The procedures on this page apply only to court-ordered judgments. Administrative garnishments that allow government agencies to take money through an agency order without taking you to court are beyond the scope of this page. Administrative garnishments are managed by the following: 

Challenging the Garnishment

When a creditor starts a garnishment, the garnishee (an employer, bank or other person holding your property) must send you several documents. Read these carefully to see exactly how much is taken: 

  • Garnishee's Answers to Interrogatories: A legal statement, signed under penalty of perjury, where the garnishee officially reports what they are holding. 
    • If from an employer: It calculates your disposable earnings and shows exactly how much will be taken from your paycheck.
    • If from a bank: it identifies the accounts you own and the total balance being held for the creditor.  
  • Notice of Garnishment and Exemptions: A mandatory notice that explains that your property may be taken, lists legal exemptions, and provides a 14-day deadline to object.
  • Reply and Request for Hearing: Use this form only if you have a legal reason to challenge the garnishment. You cannot use this form to challenge why the original judgment was entered.

Reasons to File a Reply and Request for Hearing

A judge cannot stop a garnishment solely for financial hardship, an inability to pay, or because you are having trouble paying your debts. You must show a legal reason. You can file a Reply and Request for Hearing if you think:

  • the Writ of Garnishment was not issued correctly, 

  • the garnishee's answers to interrogatories are wrong, 

  • the creditor owes you money, or 

  • your property is exempt from garnishment. 

What is exempt property?

Exempt property is money or property that, by law, cannot be taken to pay a judgment. While standard wages are usually not exempt, the Notice of Garnishment and Exemptions you received lists common items that are exempt, such as Social Security, veteran's benefits, or child support. More information is available from Utah Legal Services and in the Utah Exemptions Act.

Claiming an Exemption: The court has ordered the garnishee to hold your property. They will not automatically know if your money or property is protected . If you think your property should not be taken, you must file the Reply and Request for Hearing within 14 days to ask the court to release it to you. If you do not take these steps, the property being held may be used to pay the creditor.

Deadlines and Filing Your Reply and Request for Hearing 

You have a strict deadline of 14 days to turn in your form. This clock starts the day you receive the notice from your employer or bank. See our page on filing procedures for instructions and forms.

You must also mail or hand deliver a copy of the Reply and Request for Hearing to the creditor and the garnishee. See our page on delivering or serving papers for instructions and forms. 

How much can they garnish?

Wages: A Writ of Continuing Garnishment lets a creditor take part of your paycheck. The law protects a bare minimum portion of your earnings so you have money to live on. To do this, your employer must calculate your disposable earnings (the money left after taxes) and then take the smaller of two amounts:

  • For judgments that are NOT for child support: The smaller of 25% of your disposable earnings OR the amount by which your weekly pay exceeds 30 times the federal minimum wage (which is currently $217.50).

  • For judgments for past-due child support (arrears): The smaller of 50% of your disposable earnings OR the amount by which your weekly pay exceeds 30 times the federal minimum wage (which is currently $217.50).

You can check the Garnishee's Answers to Interrogatories for Earnings form to see exactly how this is calculated. You should read this form carefully when you receive it to make sure the math is correct.

Bank accounts: A Writ of Garnishment allows a creditor to take all available money in a bank account to pay the judgment. If any of that money is exempt (protected), it should not be taken. You can file a Reply and Request for Hearing to protect that money.

How long can wages be garnished?

Your wages can be garnished until the debt is paid. A writ of continuing garnishment is effective for one year after the date it was served, or for 120 calendar days if another writ of continuing garnishment is served. If the writ expires, the creditor can request a new one. A judgment is valid for eight years, but it can be renewed.

Multiple Writs (If you have more than one judgment against you)

Sometimes more than one person has a judgment saying you owe them money. They might all send court orders (writs) to your bank or employer.

Your employer or bank can only follow one order at a time. They must follow a waiting list based on which order they received first. There is one big exception. Your employer or bank must follow orders from these two agencies before any other writs of garnishment:

  • Office of Recovery Services (ORS): This includes orders for current child support (income withholding) or past-due child support collected through a writ of garnishment.

  • Department of Workforce Services (DWS): They collect money for overpayments of unemployment or public assistance benefits.

If your bank or employer gets an order from ORS or DWS, they must keep sending money to those agencies until that debt is completely paid off. This means your employer or bank will not send money to anyone else until the ORS or DWS debt is paid in full.

These instructions do not apply to orders from other states or federal agencies (like the IRS for federal taxes or the U.S. Department of Education for federal student loans).

Objecting to the judgment 

You cannot use a garnishment hearing to challenge why the judgment was entered. If you think the judgment should not have been entered against you (for example, if you were never served with the original lawsuit), you must address the judgment itself:

Filing a Motion

  • Motion to Set Aside Judgment: This is a formal request asking the judge to undo the judgment against you. If the judge agrees, the judgment is removed, and the case reopens. This gives you a new chance to defend yourself and explain to the court why you don't owe the money. A judge will usually only do this for specific reasons, such as:  
    • You were never served: You didn't get the original legal papers telling you that you were being sued.
    • A mistake or surprise: Something happened that was out of your control which kept you from answering the lawsuit on time.
    • The judgment is already paid: You can prove the debt was already settled.   
  • Motion to Delay Enforcement: Filing a Motion to Set Aside takes time to be processed by the court. If you want the court to pause the garnishment right away while the judge decides whether to cancel the judgment, you should also file this motion. 

Filing an Appeal

An appeal is a formal request for a higher court to review your case. An appeal is not a motion. It is a different legal process that you use if you believe the judge made a specific legal mistake during your case.

Because appeals are very complicated and have strict rules, most people talk to a lawyer before starting one. See the court’s Appeals page for more information about the process and forms. 

Help with your money problems

If you are having a hard time paying your bills, you can get help from trained counselors. The U.S. Department of Housing and Urban Development (also called HUD) keeps a list of approved groups in Utah that help people with money problems.

Even though these groups are often called "housing agencies," they also help with setting up payment plans, fixing credit, and dealing with debt. To find a group that can help, go to the HUD Counseling Services search page. Choose Utah and select "Managing or Budgeting Your Finances" to see a list of groups near you.

Filing for Bankruptcy

Sometimes a payment plan is not enough to solve the problem. Bankruptcy is a type of case you file in a federal court. It can help people wipe out or change the debt they owe. Deciding to file for bankruptcy is a big choice. It is highly recommended that you talk to a lawyer before you make this decision. Not every debt can be wiped out. It is important to talk to a lawyer before you decide. You can find videos and simple guides on the Bankruptcy Basics page on the U.S. Bankrupcty Court website.

Forms

The forms you need depend on your case. What is your case about?

  • 1508DC
  • 1509FA 

  • 1508DC
  • 1509DC

 

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