Rule64D. Writ of garnishment.

(a)Availability. A writ of garnishment isavailable to seize property of the defendant in the possession or under thecontrol of a person other than the defendant. A writ of garnishment isavailable after final judgment or after the claim has been filed and prior tojudgment. The maximum portion of disposable earnings of an individual subjectto seizure is the lesser of:

(a)(1) 50% of the defendant?sdisposable earnings for a writ to enforce payment of a judgment for failure tosupport dependent children or 25% of the defendant?s disposable earnings forany other judgment; or

(a)(2) the amount by which thedefendant?s disposable earnings for a pay period exceeds the number of weeks inthat pay period multiplied by thirty times the federal minimum hourly wageprescribed by the Fair Labor Standards Act in effect at the time the earningsare payable.

(b)Grounds for writ before judgment. In addition to thegrounds required in Rule 64A,the grounds for a writ of garnishment before judgment require all of thefollowing:

(b)(1) that the defendant isindebted to the plaintiff;

(b)(2) that the action is upon acontract or is against a defendant who is not a resident of this state or isagainst a foreign corporation not qualified to do business in this state;

(b)(3) that payment of the claimhas not been secured by a lien upon property in this state;

(b)(4) that the garnisheepossesses or controls property of the defendant; and

(b)(5) that the plaintiff hasattached the garnishee fee established by Utah Code Section 78A-2-216.

(c)Statement. The application for apost-judgment writ of garnishment shall state:

(c)(1) if known, the nature,location, account number and estimated value of the property and the name,address and phone number of the person holding the property;

(c)(2) whether any of theproperty consists of earnings;

(c)(3) the amount of the judgmentand the amount due on the judgment;

(c)(4) the name, address andphone number of any person known to the plaintiff to claim an interest in theproperty; and

(c)(5) that the plaintiff hasattached or will serve the garnishee fee established by Utah Code Section 78A-2-216.

(d)Defendant identification. The plaintiff shall submit withthe affidavit or application a copy of the judgment information statementdescribed in Utah Code Section 78B-5-201 or the defendant?s nameand address and, if known, the last four digits of the defendant?s socialsecurity number and driver license number and state of issuance.

(e)Interrogatories. The plaintiff shall submit withthe affidavit or application interrogatories to the garnishee inquiring:

(e)(1) whether the garnishee isindebted to the defendant and the nature of the indebtedness;

(e)(2) whether the garnisheepossesses or controls any property of the defendant and, if so, the nature,location and estimated value of the property;

(e)(3) whether the garnisheeknows of any property of the defendant in the possession or under the controlof another, and, if so, the nature, location and estimated value of theproperty and the name, address and phone number of the person with possessionor control;

(e)(4) whether the garnishee isdeducting a liquidated amount in satisfaction of a claim against the plaintiffor the defendant, a designation as to whom the claim relates, and the amountdeducted;

(e)(5) the date and manner of thegarnishee?s service of papers upon the defendant and any third persons;

(e)(6) the dates on whichpreviously served writs of continuing garnishment were served; and

(e)(7) any other relevantinformation plaintiff may desire, including the defendant?s position, rate andmethod of compensation, pay period, and the computation of the amount ofdefendant?s disposable earnings.

(f)Content of writ; priority. The writ shall instruct thegarnishee to complete the steps in subsection (g) and instruct the garnisheehow to deliver the property. Several writs may be issued at the same time solong as only one garnishee is named in a writ. Priority among writs ofgarnishment is in order of service. A writ of garnishment of earnings appliesto the earnings accruing during the pay period in which the writ is effective.

(g)Garnishee?s responsibilities. The writ shall direct thegarnishee to complete the following within seven business days of service ofthe writ upon the garnishee:

(g)(1) answer the interrogatoriesunder oath or affirmation;

(g)(2) serve the answers on the plaintiff;and

(g)(3) serve the writ, answers,notice of exemptions and two copies of the reply form upon the defendant andany other person shown by the records of the garnishee to have an interest inthe property.

The garnishee may amend answersto interrogatories to correct errors or to reflect a change in circumstances byserving the amended answers in the same manner as the original answers.

(h)Reply to answers; request for hearing.

(h)(1) The plaintiff or defendantmay file and serve upon the garnishee a reply to the answers, a copy of thegarnishee?s answers, and a request for a hearing. The reply shall be filed andserved within 14 days after service of the answers or amended answers, but thecourt may deem the reply timely if filed before notice of sale of the propertyor before the property is delivered to the plaintiff. The reply may:

(h)(1)(A) challenge the issuanceof the writ;

(h)(1)(B) challenge the accuracyof the answers;

(h)(1)(C) claim the property or aportion of the property is exempt; or

(h)(1)(D) claim a set off.

(h)(2) The reply is deemeddenied, and the court shall conduct an evidentiary hearing as soon as possibleand not to exceed 14 days.

(h)(3) If a person served by thegarnishee fails to reply, as to that person:

(h)(3)(A) the garnishee?s answersare deemed correct; and

(h)(3)(B) the property is notexempt, except as reflected in the answers.

(i) Delivery of property. Agarnishee shall not deliver property until the property is due the defendant.Unless otherwise directed in the writ, the garnishee shall retain the propertyuntil 21 days after service by the garnishee under subsection (g). If thegarnishee is served with a reply within that time, the garnishee shall retainthe property and comply with the order of the court entered after the hearingon the reply. Otherwise, the garnishee shall deliver the property as providedin the writ.

(j)Liability of garnishee.

(j)(1) A garnishee who acts inaccordance with this rule, the writ or an order of the court is released fromliability, unless answers to interrogatories are successfully controverted.

(j)(2)(A) If the garnishee failsto comply with this rule, the writ or an order of the court, the court mayorder the garnishee to appear and show cause why the garnishee should not beordered to pay such amounts as are just, including the value of the property orthe balance of the judgment, whichever is less, and reasonable costs andattorney fees incurred by parties as a result of the garnishee?s failure. Ifthe garnishee shows that the steps taken to secure the property werereasonable, the court may excuse the garnishee?s liability in whole or in part.

(j)(2)(B) The creditor mustattach to the motion for an order to show cause a statement that the creditorhas in good faith conferred or attempted to confer with the garnishee in aneffort to settle the issue without court action.

(j)(3) No person is liable asgarnishee by reason of having drawn, accepted, made or endorsed any negotiableinstrument that is not in the possession or control of the garnishee at thetime of service of the writ.

(j)(4) Any person indebted to thedefendant may pay to the officer the amount of the debt or so much as isnecessary to satisfy the writ, and the officer?s receipt discharges the debtorfor the amount paid.

(j)(5) A garnishee may deductfrom the property any liquidated claim against the plaintiff or defendant.

(k)Property as security.

(k)(1) If property securespayment of a debt to the garnishee, the property need not be applied at that timebut the writ remains in effect, and the property remains subject to beingapplied upon payment of the debt. If property secures payment of a debt to thegarnishee, the plaintiff may obtain an order authorizing the plaintiff to buythe debt and requiring the garnishee to deliver the property.

(k)(2) If property secures anobligation that does not require the personal performance of the defendant andthat can be performed by a third person, the plaintiff may obtain an orderauthorizing the plaintiff or a third person to perform the obligation andrequiring the garnishee to deliver the property upon completion of performanceor upon tender of performance that is refused.

(l)Writ of continuing garnishment.

(l)(1) After final judgment, theplaintiff may obtain a writ of continuing garnishment against any non-exemptperiodic payment. All provisions of this rule apply to this subsection, butthis subsection governs over a contrary provision.

(l)(2) A writ of continuinggarnishment applies to payments to the defendant from the effective date of thewrit until the earlier of the following:

(l)(2)(A) one year;

(l)(2)(B) 120 days after serviceof a second or subsequent writ of continuing garnishment;

(l)(2)(C) the last periodicpayment;

(l)(2)(D) the judgment is stayed,vacated or satisfied in full; or

(l)(2)(E) the writ is discharged.

(l)(3) Within seven days afterthe end of each payment period, the garnishee shall with respect to thatperiod:

(l)(3)(A) answer theinterrogatories under oath or affirmation;

(l)(3)(B) serve the answers tothe interrogatories on the plaintiff, the defendant and any other person shownby the records of the garnishee to have an interest in the property; and

(l)(3)(C) deliver the property asprovided in the writ.

(l)(4) Any person served by thegarnishee may reply as in subsection (g), but whether to grant a hearing iswithin the judge?s discretion.

(l)(5) A writ of continuinggarnishment issued in favor of the Office of Recovery Services or theDepartment of Workforce Services of the state of Utah to recover overpayments:

(l)(5)(A) is not limited to 120days;

(l)(5)(B) has priority over otherwrits of continuing garnishment; and

(l)(5)(C) if served during theterm of another writ of continuing garnishment, tolls that term and preservesall priorities until the expiration of the state?s writ.

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