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Rule 69A

Rule 69A. Seizure of property.

Unless otherwise directed by the writ, the officer shallseize property as follows:

(a) Debtor's preference. When there is more property thannecessary to satisfy the amount due, the officer shall seize such part of theproperty as the defendant may indicate. If the defendant does not indicate apreference, the officer shall first seize personal property, and if sufficientpersonal property cannot be found, then the officer shall seize real property.

(b) Real property. Real property shall be seized by filingthe writ and a description of the property with the county recorder and leavingthe writ and description with an occupant of the property. If there is nooccupant of the property, the officer shall post the writ and description in aconspicuous place on the property. If another person claims an interest in thereal property, the officer shall serve the writ and description on the otherperson.

(c) Personal property.

(c)(1) Farm products, as that term is defined in Utah CodeSection 70A-9a-102, may be seized by filing the writ and description of theproperty with the central filing system established by Utah Code Section70A-9a-320.

(c)(2) Securities shall be seized as provided in Utah CodeSection 70A-8-111.

(c)(3) In the discretion of the officer, property ofextraordinary size or bulk, property that would be costly to take into custodyor to store and property not capable of delivery may be seized by serving thewrit and a description of the property on the person holding the property. Theofficer shall request of the person holding the property an affidavitdescribing the nature, location and estimated value of the property.

(c)(4) Otherwise, personal property shall be seized byserving the writ and a description of the property on the person holding theproperty and taking the property into custody.