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How to Garnish Wages in Utah

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    Obtain a Judgement

    • 1). File a petition with your local civil court to sue for money owed to you. The forms you must complete are available from the court clerk. You must have records to verify the money is owed and have contact information for the debtor. In most cases, you must initiate the civil suit within eight years of the debt in order to stay within Utah's statute of limitations.

    • 2). Pay the filing fee of the court or apply to have filing fees waived. Your case will not be processed without the fees paid or until you have been granted a fee waiver.

    • 3). Have a notice of the suit served by a sheriff, constable or private investigator to the debtor. If your fees have been waived, the sheriff or constable will serve the debtor for free.

    • 4). Attend any hearing scheduled in your case. Be prepared to present all your evidence when you appear before the judge. If the defendant does not appear at the hearing you will be granted a default judgment. If the defendant does appear you may have to schedule additional hearings and argue your case.

    • 5). Request a copy of the judgment from the courts. Unless fees have been waived in your case you will need to pay the court for a copy of the judgment.

    Verify Debtor's Employment

    • 1). Complete a Request for Verification of Employment form. Attach a copy of the judgment, a copy of the judgment information statement, and a response to request for verification of employment form with the heading completed.

    • 2). Make two copies of all the forms you have filled out and attach one to the request for verification of employment. Keep a copy for your records.

    • 3). Have a sheriff, constable or private investigator serve a copy of the forms to the defendant or their lawyer and to where you believe they are employed.

    Garnish Wages From Employment

    • 1). Gather forms from the court or court's website. You will need two applications for a writ of garnishment, two Writs of Continuing Garnishment and Instruction forms, Notice of Garnishment and Exemptions form and two copies of the Reply and Request for Hearing.

    • 2). Complete two applications for a writ of garnishment.

    • 3). Check either “Writ of Continuing Garnishment” or “Writ of Continuing Garnishment for Child Support” on page two of the application. Unless you are attempting to collect unpaid child support, you will check “Writ of Continuing Garnishment.”

    • 4). Attach two copies of the Writs of Continuing Garnishment and Instruction form to the application. This form details instructions for the garnishment to the garnishee and is separate from the Writ of Garnishment application. You should only complete the heading, garnishee's name and address, and paragraphs two and three on this form.

    • 5). Attach a Garnishee's Answers to Interrogatories for Earnings form with the heading completely filled out. Also attach a Notice of Garnishment and Exemptions form, two copies of the Reply and Request for Hearing form with the heading completed and a check payable to the garnishee for their fees. As of 2011, you must pay the garnishee $10 for a single garnishment and $25 for a continuing garnishment.

    • 6). Attach a check for the sheriff, constable or private investigator who will be serving the paperwork to the other party. Include a check for the filing fees written to the court. The fees may be waived by the judge depending on your case.

    • 7). File the forms with the court clerk. Arrange to have the forms served to the other party and attend any scheduled hearings. The result of the hearings will determine how much and when wages will be garnished.

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