Utah Writ of Execution
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FAQ
One way to collect the money owed is through a writ of garnishment. This is an order requiring third parties holding the debtor's property (such as an employer or a bank) to send the money to the creditor. Writs of Garnishment are governed by Utah Rule of Civil Procedure 64D.
Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment. Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof by liquidating the property and/or transferring assets outside the jurisdiction of US courts.
To collect money from the other side's bank account or their paycheck, you first need a filed Writ of Execution from the court. This tells the sheriff to go to the other side's bank or employer and have them give the sheriff money from the other side's bank account or paycheck to give to you.
Typically, attachment liens are to specific identifiable property. The debtor must pay the debt (or potential debt) or offer up different collateral of equal value as security in order to have the attachment released. A judgment lien allows you to go after assets directly to satisfy an existing debt.
A writ of attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.
A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.
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.
Writ of Execution Writs of Execution are governed by Rule of Civil Procedure 64E. Use a Writ of Execution to seize the judgment debtor's non-exempt real property or personal property in the debtor's possession. For more information, see our webpage on Writs of Execution.