The Utah Garnishment Packet -Personal Service is a set of documents used by businesses and individuals to garnish wages from an employee's paycheck. It includes forms and instructions to initiate a garnishment and to process payments. The packet includes two types of garnishment: Administrative Wage Garnishment (AWG) and Traditional Wage Garnishment (TWO). The AWG is used to garnish wages from a federal source, such as student loans or delinquent taxes. The TWO is used to garnish wages from a non-federal source, such as a court order. Both types of garnishment require employers to file paperwork with the Utah Department of Workforce Services. The packet includes forms for both types of garnishment, and instructions for filing and processing payments. In addition, the packet includes forms for employers to report garnishment payments to the Utah Department of Workforce Services and to provide notice to the employee.
Utah Garnishment Packet -Personal Service
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FAQ
Rule 64D - Writ of Garnishment (a) Availability. A writ of garnishment is available to seize property of the defendant in the possession or under the control of a person other than the defendant. A writ of garnishment is available after final judgment or after the claim has been filed and prior to judgment.
Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.
How much can they garnish? A Writ of Continuing Garnishment lets a creditor take 25% of your disposable earnings.
Up to $1000 in fines and serve up to 30 days in jail (district court); up to $500 in fines and serve up to 5 days in jail (justice court); the full amount of the judgment, court costs, and attorney's fees.
Writs of Garnishment are governed by Utah Rule of Civil Procedure 64D. If someone owes you money under a judgment you are a creditor or judgment creditor. The How to apply for a Writ of Garnishment web page has information about the process for asking for a writ of garnishment, and forms.
Pay the filing fee and file these documents with the court: Application for Writ of Garnishment.Writ of Garnishment.Garnishee's Answers.Notice of Garnishment and Exemptions form. Reply and Request for Hearing form - 2 copies. A check payable to the garnishee for their fee.