Utah Supplemental Proceedings: How to Force a Debtor Examination After a Judgment

You won a judgment in Utah, but you have no idea where the debtor works, which bank they use, or whether they own anything worth collecting against. Without that information, every enforcement tool — garnishment, execution, liens — is useless. Supplemental proceedings exist to solve exactly this problem: you ask the court to order the debtor to show up and answer questions under oath about their finances.

Two Discovery Paths

Utah gives judgment creditors two options under URCP 64(c) and URCP 69:

Written interrogatories. You mail the debtor a questionnaire asking about their employer, bank accounts, income, real estate, vehicles, and other assets. The debtor must answer under oath. If verified answers arrive at least 3 days before a scheduled hearing, you must cancel the hearing. This is the low-cost option, but it depends on the debtor actually cooperating.

Supplemental proceeding (debtor examination). You file an ex parte motion asking the court to order the debtor to appear in person and testify. This is the option with teeth — the debtor can eventually face a bench warrant for not showing up.

Filing the Motion

To schedule a supplemental proceeding, submit an Ex Parte Motion for Hearing to Identify Debtor's Property and a proposed Order for Debtor to Attend Hearing. The court clerk sets a hearing date and the judge signs the order.

Serving the Debtor

The signed order and motion must be personally served on the debtor at least 28 calendar days before the hearing. Personal service means a sheriff, constable, or private process server physically hands the papers to the debtor. Mailing them is not enough — because the order carries potential contempt sanctions, URCP 4 service is required.

This is where many pro se creditors fail. They mail the papers, the debtor ignores them, and the court dismisses the hearing for improper service. Then the creditor has to re-file, pay another fee, and start the 28-day clock over.

What Happens at the Hearing

The debtor testifies under oath about their financial situation. You (or your attorney) can ask about:

• Current employer, job title, and pay frequency
• Bank accounts and approximate balances
• Real property owned (houses, land, rental units)
• Vehicles, equipment, and other personal property
• Other debts and liens
• Sources of income, including side work or self-employment

The proceeding is limited to identifying assets. You cannot relitigate the underlying case, demand immediate cash, or harass the debtor. Debtors can request interpreters or disability accommodations through the court clerk before the hearing.

When the Debtor Doesn't Show Up

If the debtor fails to appear after proper personal service, the court does not issue a warrant automatically. Instead, you file an Ex Parte Verified Motion to Enforce Order and Request for Finding of Contempt or Bench Warrant, along with a new Order to Appear.

The court schedules a second hearing, and you serve the debtor personally again. If the debtor fails to appear at the second hearing with proof of personal service on file, the judge may find them in contempt and issue a bench warrant.

The bench warrant goes to a sheriff or constable for execution. When arrested, the debtor can post bail — which the court deposits in its trust account. Under URCP 64(c), forfeited bail funds can be disbursed to you, the creditor, to partially satisfy the judgment.

Practical Tips

• Schedule the hearing well in advance to give yourself time for personal service plus the 28-day lead time
• Prepare written questions beforehand — the judge will move the hearing along quickly
• Bring copies of all documents (the judgment, your accounting ledger, any prior correspondence)
• If the debtor reveals assets at the hearing, you can file for garnishment or execution the same day

Supplemental proceedings are one of the most underused tools in Utah judgment collection. Our Utah judgment collection guide covers the complete debtor examination process — from the initial motion through bench warrant procedures — with a printable question list and service timeline.

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