How to Apply for, and get, a Writ of Garnishment By Robert L. Froerer on July 22, 2013

How to Apply for, and get, a Writ of Garnishment

This is part 2 of a post on writ of garnishment for Ogden Utah. Read that post here.

How to obtain a Writ of Garnishment

A Writ of Garnishment is issued by the court clerk.  To obtain a Writ, you must submit the following:

  • An application along with the application fee (currently $50 in Utah District Courts).
  •  The proposed writ you would like issued.
  • The garnishee’s answers along with the garnishee’s fee (currently $25 for Continuing Writs and $10 for non-wage Writs).
  • A notice of garnishment and two copies of a reply & request for hearing (for the judgment debtor).

Exemptions to Utah garnishment

For public policy reasons, Utah Law protects certain types of property from being taken via garnishment.   These exemptions include but are not limited to:

  • Benefits from disability, illness, or unemployment.
  • Benefits for medical, surgical, or hospital care.
  • Social Security and Veterans Benefits.
  • Child support and alimony payments.
  • Proceeds from a bodily injury or wrongful death claim.
  • Proceeds from life insurance (limited).
  • Some retirement accounts.

Other Garnishment Considerations

Before applying for a Writ of Garnishment, be sure to consider the following issues.  First, not all garnishments pay off.  Sometimes a debtor doesn’t earn enough to qualify for withholding or has a child support obligation that takes priority over a commercial garnishment.  There is no refund for a garnishment that doesn’t pan out.  Second, when serving the writ on the garnishee, it is best to use a method that can be proven later (certified mail or a court constable).  You’ll want proof of service in case the garnishee doesn’t comply with the order.  Finally, remember that for Ogden Utah wage garnishments, you will have to re-apply and pay the application fee as well as the garnishee fee every 120 days. If you are owed money and want it back contact us for a free consultation about getting your money collected.

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