You won your case and received a civil judgment . . . congratulations! However, your work is not yet complete. Although you won a judgment, the Courts do not collect the judgment for you, that’s your job.
Collecting a civil judgment in Utah can be a complex process, but it can be made easier by understanding the legal procedures involved. The most common methods of collecting a judgment are through writs of garnishments, writs of execution, and charging orders. In this article, we will discuss writs of execution and the relevant Utah rules, statutes, and case law that govern them.
A writ of execution is a court order that directs the sheriff or other authorized officer to seize and sell the property of the judgment debtor to satisfy the outstanding judgment. The process of obtaining a writ of execution in Utah is governed by Rule 64E of the Utah Rules of Civil Procedure.
To obtain a writ of execution in Utah, the judgment creditor must file a motion with the court and provide an affidavit stating that the judgment remains unsatisfied. The affidavit should also include a description of the property that the creditor believes can be seized to satisfy the judgment.
Once the court grants the motion for the writ of execution, the creditor must provide a copy of the order to the sheriff or other authorized officer, along with instructions on how to execute the writ. The officer will then seize and sell the debtor’s property, with the proceeds going towards the payment of the judgment.
It is important to note that there are certain types of property that are exempt from seizure and sale under a writ of execution in Utah. These include personal property that is necessary for the debtor’s basic living needs, as well as a homestead exemption for the debtor’s primary residence. These exemptions are set forth in Utah Code § 78B-5-503 and § 78B-5-505.
Collecting a judgment in Utah can be a complicated process, but it is made easier by understanding the legal procedures involved. By consulting with an experienced attorney and understanding the relevant legal procedures, a judgment creditor can increase their chances of successfully collecting on their judgment.
Hastings Law 