Utah Exemptions: What Property a Debtor Can Protect From Judgment Collection

Not everything a debtor owns is available for collection. The Utah Exemptions Act (Utah Code Title 78B, Chapter 5, Part 5) shields specific categories of income and property from garnishment, execution, and liens. Understanding these limits before you file a writ saves you the $75 filing fee and the frustration of a court order that yields nothing.

The Major Exemption Categories (2026 Figures)

Exemption amounts are adjusted periodically by the Utah Office of the State Auditor. These are the current ceilings:

Primary homestead: $53,700 in equity for a single debtor, $107,500 for joint owners. Covers the primary personal residence and up to 1 acre of land. For most small claims judgments, the homestead exemption may leave no non-exempt equity for a forced sale. A recorded lien can cloud a title transfer, but it does not make exempt equity available for collection.

Motor vehicle: $3,000 in equity in one vehicle used for daily transportation. If the debtor drives a car worth $10,000 with a $8,000 auto loan, their equity is $2,000 — fully exempt. Recreational vehicles don't qualify.

Tools of trade: $5,000 in implements, professional books, and business vehicles necessary for the debtor's livelihood.

Household furnishings: $1,000 per household. Covers sofas, chairs, kitchen and dining furniture.

Animals, books, instruments: $1,000 per household, for items held strictly for personal use.

Non-primary real estate: $6,400 for a single debtor. Vacant land, rental property, and vacation homes get a much lower exemption than the primary homestead.

Fully Protected Assets

Some assets are 100% exempt regardless of value:

• Retirement accounts — ERISA-qualified plans, IRAs, 401(k)s (federal cap of $1,711,975 for IRAs in bankruptcy)
• Government benefits — Social Security, SSI, VA benefits, public assistance, child support
• Federal direct deposits — Banks must automatically protect two months of federal benefit deposits in a garnished account under 31 C.F.R. Part 212

Wage Garnishment Limits

Disposable earnings (gross pay minus taxes and mandatory deductions) are subject to the federal Consumer Credit Protection Act cap. The garnishable amount is the lesser of:

• 25% of disposable earnings, or
• The amount by which disposable earnings exceed 30 times the federal minimum wage ($217.50/week)

If weekly disposable earnings are $217.50 or less, wages are fully exempt. Child support garnishments take priority over your civil judgment.

How the Debtor Claims an Exemption

When you serve a writ of garnishment or execution, the debtor receives a Notice of Garnishment and Exemptions (Form 1508DC or 1404DC) along with a Reply and Request for Hearing (Form 1509DC). The debtor has 21 calendar days from service to file the Reply, claiming specific exemptions and providing evidence — bank statements showing federal benefit deposits, a vehicle title showing the loan balance, or a tax return showing household income.

If the debtor files the Reply, the court holds a hearing. The judge or commissioner reviews the evidence and either releases the exempt funds or confirms that the garnishment may proceed against non-exempt assets.

If the debtor does not file within 21 days, the garnishee remits the withheld funds to you. The exemption window closes.

Strategic Implications for Creditors

Before filing a writ, estimate whether the target asset exceeds the exemption ceiling. A home with $40,000 in equity is within the $53,700 homestead exemption; a Writ of Execution cannot reach that exempt equity, and recording a judgment lien does not guarantee collection from it at sale.

Similarly, garnishing the wages of someone earning minimum wage will yield $0, because their entire paycheck falls within the federal floor protection.

For a detailed exemption table with 2026 figures and a pre-writ equity calculator, see our Utah judgment collection guide.

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