• Utah courts issue writs of garnishment.gavel image by Cora Reed from Fotolia.com
  
  According to “Black’s Law Dictionary,” garnishment is “a judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by the that third party.” In other words, creditors can approach the court to order a third party (like an employer or bank) to intercept monies owed to the debtor and give that money to the creditor. Garnishment is a common method for enforcing outstanding debt in Utah. Judgment garnishment laws in Utah govern the procedures of how a creditor can garnish a debtor’s assets to help pay an outstanding debt.
  
  

Judgment

• A creditor in Utah must first obtain a judgment against the debtor to use garnishment as a debt-enforcement method. The creditor must petition the court with an affidavit attesting to the fact that the debtor owes the creditor more than $50 and provide supporting documentation. The court then orders the debtor to respond. Many debtors do not respond, and the creditor obtains what the law refers to as a default judgment. In many other cases, the debtor will respond and admit that she owes the debt. However, if a debtor disputes the debt, then she may contest the proceeding by providing evidence that she does not owe the debt.
  
  

Discovery

• Once the creditor obtains a money judgment against the debtor, the creditor can use discovery to find out what and where the debtor’s assets are. Discovery is a process in which one party asks the opposing party written questions (called interrogatories) and requests specific documents from the opposing party. If the debtor refuses, the creditor can move the court to compel the debtor to provide full and truthful answers by court order, which, if violated, can put the debtor in contempt of court. The debtor or creditor can request a hearing with the court to resolve a discovery dispute.
  
  

Writ

• The creditor may seek to obtain a writ of garnishment to aid the collection of the money judgment. The clerk of whichever court is adjudicating the case can issue a writ (or writs) of garnishment, so long as the creditor complies with Utah Rule of Civil Procedure 64D(a)(ii). The requirements include filing an application that identifies the garnishee (i.e. debtor’s employer or bank) and states the amount the debtor owes. The creditor must serve (or deliver by first-class mail or courier) the application to the court, the debtor and the garnishee. As of July 2010, the creditor must also pay the garnishee a $10 fee. Once the clerk enters the writ of garnishment, the local sheriff, deputy or any person designated by the court must serve the writ on the garnishee. Utah law allows wage garnishment to occur for up to six months. Upon expiration of the writ, Utah law also permits the creditor to move to enter a subsequent writ until the garnishment satisfies the debt.
  
  

Warning

• Contact a qualified attorney licensed to practice in Utah to find out what obligations, if any, you may have with regard to Utah law, which is subject to change.