Utah Procedural Requirements for Wage Garnishment

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Utah Procedural Requirements

At any time when execution may issue on a judgment, upon proof by affidavit or otherwise to the satisfaction of the court that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding fifty dollars, not exempt from execution, the court may order such person or corporation or any officer or agent thereof, to appear before the court or a master at a specified time and place to answer concerning the same. Witness fees and mileage, if any, may be awarded by the court. Utah R. Civil. P. 69(l).

A writ of garnishment is available in aid of execution to satisfy a money judgment or other order requiring the payment of money. Utah R. Civil. P. 64D(a)(ii). The clerk of any court from which execution thereon may be issued shall issue a writ or writs of garnishment, without the necessity for an undertaking, upon the filing of an application by the plaintiff identifying the person sought to be charged as a garnishee, Statuteing whether such property consists in whole or in part of earnings from personal services, and Statuteing the remaining amount due on the judgment. Utah R. Civil. P. 64D(c).

The writ of garnishment shall be issued in the name of the Statutee of Utah and shall be directed to the person or persons designated in the plaintiff's application as garnishee or garnishees, advising each such person that each is attached as garnishee in the action, and commanding each of them not to pay or deliver any nonexempt Property Subject to Garnishment as defined in Subdivision (a)(iii) in their possession, custody, or control, or part thereof, due or to become due to the defendant up to the amount remaining due on the judgment and to retain possession and control of all such property until further order of the court or as otherwise discharged or released. At the time the writ of garnishment is issued, the clerk shall attach to the writ a notice of garnishment and exemptions, interrogatories to the garnishee and two copies of an application by which the defendant may request a hearing. Utah R. Civil. P. 64D(d)(i).

The plaintiff shall provide a $10 fee to the garnishee. Utah R. Civil. P. 64D(d)(ii). The writ and any related order shall be served upon the garnishee by a sheriff, constable, deputy, or such other person designated by court order and return thereof made in same manner as a return of service upon a summons. All other service may be by first class mail or hand delivery. Utah R. Civil. P. 64D(e).

Costs shall be allowed as a matter of course to the plaintiff and against the defendant in the pursuit of any garnishee action instituted after judgment unless the court otherwise directs. However, where an appeal or other proceeding for review is taken, costs of the garnishee action shall abide the final determination of the cause. The plaintiff must serve upon the defendant a copy of a memorandum of the items of necessary costs and disbursements in the garnishee action or actions, and file with the court a like memorandum duly verified Statuteing that the items are correct, the disbursements have been necessarily incurred in the garnishee action, and the items of costs have not been claimed in any previous memorandum. Utah R. Civil. P. 64D(t).

Interest Rate at which Judgments Accrue

Any judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties, which shall be specified in the judgment.

Other judgments shall bear interest at the federal post judgment interest rate (as established for the federal court system under 28 U.S.C. _ 1961, as amended) as of January 1 of each year, plus two percent. Utah Code Ann. _ 1514. Applicable Forms Interrogatories, Utah R. Civil. P. 64D(d)(ii). Contents of Notice of Garnishment and Exemptions, Utah R. Civil. P. 64D(d)(iv). 4.0.