Utah Writ of Execution Packet

State:
Utah
Control #:
UT-SKU-0304
Format:
PDF
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Description

Writ of Execution Packet

A Utah Writ of Execution Packet is a set of court documents that allows a creditor to collect a debt from a debtor. The packet consists of a writ of execution, levy, and return of execution. A writ of execution is a court order that authorizes the creditor to seize and sell the debtor’s non-exempt property to satisfy the debt. A levy is a document that directs a sheriff to seize the debtor’s property. A return of execution is a document that the sheriff completes after seizing the debtor’s property. There are three types of Utah Writ of Execution Packets: Personal Property Packet, Real Property Packet, and Vehicle Packet. The Personal Property Packet is used to seize and sell the debtor’s possessions such as furniture, jewelry, and other tangible belongings. The Real Property Packet is used to seize and sell the debtor’s real estate. The Vehicle Packet is used to seize and sell the debtor’s vehicle.

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FAQ

If the judge to whom an action has been assigned is unable to perform his or her duties, then any other judge of that district or any judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The judge to whom the case is reassigned may rehear the evidence or some part of it.

Rule 64B - Writ of Replevin (a) Availability. A writ of replevin is available to compel delivery to the plaintiff of specific personal property held by the defendant.

Utah Rule of Civil Procedure 55(b) and Utah Rule of Civil Procedure 60(b) specify the reasons a default or judgment may be set aside: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence which could not have been discovered in time to move for a new trial under Rule 59(b);

Rule 64C - Writ of Attachment (a) Availability. A writ of attachment is available to seize property in the possession or under the control of the defendant.

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

A garnishee shall not deliver property until the property is due the defendant.

A Writ of Execution is a court order to a sheriff or constable to seize and sell non-exempt property owned by the judgment debtor in order to pay the judgment creditor. After the court issues a Writ of Execution, the sheriff or constable will serve the Writ, seize the property and auction the property.

More info

Items 11 - 19 — Enter clerk's judgment. (1) for restitution of the premises only and issue a writ of execution on the judgment.The purpose of this packet is intended to guide individuals who are requesting a Writ of. Execution. Please note the following:. The writ must be served with a Notice of Execution, Exemptions and Right to a Hearing form, and two (2) Requests for Hearing, each enclosed within this packet. This packet contains the instructions and forms for obtaining a Writ of Execution to collect a small claims judgment. A levy packet should consist of the following: ▫ Original Writ of Execution—Money Judgment (form EJ-130). ▫ Notice of Levy (form EJ 150). In order to have a Writ of Execution enforced, you must download and complete a "writ packet" (linked below) and pay all designated fees. Notice, and Writ of Execution. 2.

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Utah Writ of Execution Packet