$0 Utah Small Claims Collection Checklist

Utah Writ of Garnishment: How Wage Garnishment Works After a Judgment

You won a judgment in Utah small claims court, the 28-day appeal window closed, and the debtor still hasn't paid. If you know where they work, a Writ of Continuing Garnishment is usually the fastest path to money. The writ orders the employer to withhold a portion of the debtor's paycheck every pay period and send it to you.

Here is how the process works under URCP 64D.

Verify Employment First

Before filing anything, confirm the debtor actually works where you think they do. Serve a Request for Verification of Employment (Form 1501DC) along with a Response form (1502DC), a Judgment Information Statement (1004DC), and a copy of the judgment. The employer has 10 calendar days to respond.

This step matters. If you garnish another person's property without reasonable diligence to confirm that person is the named judgment debtor, that person may recover up to $1,000 under Utah Code § 78A-2-216.

File the Application

Once employment is verified, file an Application for Writ of Continuing Garnishment (Form 1503DC) with the court and pay the $75 filing fee. The court clerk reviews the application and signs the Writ of Continuing Garnishment (Form 1505DC).

Assemble and Serve the Packets

You need two separate packets:

Garnishee packet (served on the employer by a sheriff, constable, or private process server):

  • Two copies of the signed Writ (1505DC)
  • Garnishee's Answers to Interrogatories — Earnings (1507DC)
  • Notice of Garnishment and Exemptions (1508DC)
  • Two copies of the Reply and Request for Hearing (1509DC)
  • The statutory garnishee fee — $25 for continuing garnishment

Debtor packet (served by first-class mail or hand delivery right after the employer is served):

  • Copies of everything in the garnishee packet
  • Copy of your Application (1503DC)

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The 21-Day Holding Window

The employer starts withholding immediately, but they cannot send the money to you for 21 calendar days after the debtor is served. During that window, the debtor can file a Reply and Request for Hearing (1509DC) to claim exemptions. If no challenge comes in within 21 days, the employer remits the withheld funds to you.

How Much Can Be Garnished

Federal law caps wage garnishment at the lesser of:

  • 25% of disposable earnings (gross pay minus taxes and mandatory deductions), or
  • The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour × 30 = $217.50/week)

If the debtor's weekly disposable earnings are $217.50 or less, nothing can be garnished. Between $217.50 and $290.00, only the amount above $217.50 is available. Above $290.00, the 25% cap applies.

For a debtor earning $1,500 in disposable bi-weekly pay: 25% is $375, and the amount above the floor ($435 for two weeks) is $1,065. The lesser amount — $375 — is what the employer withholds each pay period.

One important priority rule: child support garnishments through the Office of Recovery Services take precedence. Your civil garnishment goes on hold until any domestic support order is fully satisfied.

How Long the Writ Lasts

A Writ of Continuing Garnishment stays effective for one full year from service. If another creditor serves a competing writ during that year, yours shortens to 120 days. The employer files Garnishee's Answers to Interrogatories within 7 business days after each pay period, reporting what was withheld and sent.

The May 2026 Garnishee Fee Change

Before May 6, 2026, creditors had to send a $25 check to the employer alongside the writ papers. Under the updated rule, if you don't send the fee upfront, the employer deducts the $25 directly from the first withheld amount before remitting the rest to you. If the debtor's pay-period yield is $25 or less, the employer holds the funds until the total exceeds $25 before sending anything.

Wage garnishment involves a stack of forms and strict timelines. Our Utah judgment collection guide maps the entire garnishment packet with a step-by-step assembly checklist so nothing gets missed or rejected.

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