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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Identifying the Judgment Debtor's Property (Supplemental Proceedings)

Collection Writs

If the judgment debtor does not pay in full, or make satisfactory arrangements for payments over time, there are procedures to seize and sell the debtor's non-exempt property to pay the judgment. Use a Writ of Execution to seize and sell property under the debtor's control. Use a Writ of Garnishment to seize and sell property under the control of someone other than the debtor, such as the debtor's bank (bank account) or the debtor's employer (wages).

There is a filing fee for a Writ of Garnishment or a Writ of Execution. For more information, see our webpage on Fees.


Hearing to Identify the Debtor's Property

Before the court will issue a Writ of Garnishment or a Writ of Execution, the creditor must identify the property to be seized and its location.

The creditor can ask the court to order the debtor to attend a hearing and answer questions about his or her property. This hearing is often called a "supplemental proceeding" and the order scheduling the hearing is often called a "supp order."

The creditor can also send written questions to the debtor. If the debtor serves the answers on the creditor at least 3 days before the hearing and answers the questions to the creditor's satisfaction, the creditor will cancel the hearing. This saves time and money for both parties.


Sanctions for Failing to Appear at the Hearing


Bench Warrant

If the debtor fails to appear at the hearing, and if the order scheduling the hearing was served on the debtor personally, the creditor can ask the court to issue a bench warrant. When the court issues a bench warrant, it will: (1) reschedule the hearing; and (2) set a bail amount. A bench warrant must be served on the debtor by a constable or deputy sheriff.

If the debtor appears at the rescheduled hearing, the creditor can ask the debtor to forfeit the bail toward the judgment. If the debtor posts bail and fails to appear at the rescheduled hearing, the debtor can ask the court to order the bail forfeited to the creditor toward the judgment.

If the debtor fails to appear, the creditor can also ask the court to issue another bench warrant with a new bail amount and a new hearing date.

Order to Appear and Explain Failure to Comply with Order

If the debtor does not appear at the hearing and the order scheduling the hearing was not served on the debtor personally, the creditor can ask the court to issue an Order to Appear and Explain Failure to Comply with Order. If the court issues the order, it will schedule a hearing. The debtor will be ordered to:

  • attend the hearing to explain ("show cause") why they should not be punished for contempt of court and to answer questions about their property, and
  • bring all records about their employment, bank accounts, vehicles, real property, business entities and any other property in which they have an interest.

Forms


For Creditors


To Request a Hearing to Identify the Debtor's Property (Supplemental Proceeding)
  • Ex Parte Motion for Hearing to Identify Judgment Debtor's Property - PDF | Word
  • Order Scheduling Hearing to Identify Judgment Debtor's Property - PDF | Word
  • Answers to Questions about Judgment Debtor's Property - PDF | Word
To ask for an Order to Appear and Explain Failure to Comply with Order
  • Motion for Finding of Contempt or Bench Warrant - PDF | Word
  • Order to Appear and Explain Failure to Comply with Order - PDF | Word
  • Bench Warrant - PDF | Word

For Debtors

  • Answers to Questions about Debtor's Property - PDF | Word
  • Certificate of Service of Answers to Questions About Judgment Debtor's Property - PDF | Word

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 8/8/2018
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