Utah Garnishment Packet — Not Personal Service is a document-filled packet used by businesses and employers in the state of Utah to legally compel debtors to repay their debts. The packet includes all the necessary documents, such as the Summons, Writ of Garnishment, Affidavit of Right to Garnish, and Notice of Garnishment, to initiate the garnishment process. There are two types of Utah Garnishment Packet — Not Personal Service: the Regular Garnishment Packet and the Non-Regular Garnishment Packet. The Regular Garnishment Packet is used for regular garnishment proceedings, while the Non-Regular Garnishment Packet is used for non-regular garnishment proceedings, such as when the debtor is a government employee or has filed for bankruptcy. The packet also includes instructions on how to file the documents with the court.
Utah Garnishment Packet - Not Personal Service
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FAQ
Rule 64D - Writ of Garnishment (a) Availability. A writ of garnishment is available to seize property of the defendant in the possession or under the control of a person other than the defendant. A writ of garnishment is available after final judgment or after the claim has been filed and prior to judgment.
You can stop wage garnishment in Utah by claiming an exemption, paying off the amount owed, or filing for bankruptcy protection. You may be able to pay the full amount you owe in a lump sum or over time through wage garnishment.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
Your wages can be garnished until the debt is paid. A writ of continuing garnishment is effective for one year after the date it was served, or for 120 calendar days if another writ of continuing garnishment is served. If the writ expires, the creditor can request a new one.
Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.
Pay the filing fee and file these documents with the court: Application for Writ of Garnishment.Writ of Garnishment.Garnishee's Answers.Notice of Garnishment and Exemptions form. Reply and Request for Hearing form - 2 copies. A check payable to the garnishee for their fee.