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Statutes and Rules

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.

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/.