Continuing vs. Non-Continuing Writs of Garnishment in Utah (URCP Rule 64D)
Once a creditor obtains a money judgment in a Utah District or Justice Court, the most effective collection tool is a Writ of Garnishment issued under Utah Rule of Civil Procedure 64D. Utah recognizes two distinct types of garnishments:
1. Writ of Continuing Garnishment (Wage Garnishment, URCP Rule 64D(b)): Directed to the judgment debtor's employer to attach disposable earnings (typically up to 25% of disposable earnings under Utah Code § 70C-7-103). A Utah continuing wage garnishment remains in effect for one full year from the date of service—or until the judgment is paid in full or 120 days pass without an earnings payment.
2. Writ of Non-Continuing Garnishment (Bank Account / Property Levy): Directed to a bank, credit union, or third party holding money or property belonging to the judgment debtor at the moment the writ is served.
Who Can Serve a Writ of Garnishment vs. a Writ of Execution in Utah?
Under Utah Code § 78B-8-302(1), private process servers are fully authorized to serve Writs of Garnishment across Utah because a garnishment commands a third-party garnishee (a bank or payroll department) to withhold funds rather than requiring the process server to physically seize tangible chattels.
By contrast, a Writ of Execution under URCP Rule 64E—which directs an officer to physically seize a debtor's vehicles, equipment, business inventory, or real estate and sell it at auction—must be directed to and executed by a County Sheriff or appointed Constable.
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The Complete Garnishment Packet & Mandatory Garnishee Fee (Rule 64D(d))
Serving a Writ of Garnishment in Utah requires strict compliance with URCP Rule 64D(d) and (e). If any required attachment or fee check is missing, the bank or employer can legally reject the garnishment:
• Mandatory Garnishee Administrative Fee: At the time of service on the garnishee, the process server MUST tender the statutory garnishee fee made payable to the employer or financial institution: $10.00 for a single/non-continuing garnishment (bank levy) OR $25.00 for a continuing wage garnishment.
• Required Packet Contents for the Garnishee: (1) The issued Writ of Garnishment, (2) Garnishee's Answers to Interrogatories form, (3) Notice of Garnishment and Exemptions form, and (4) two copies of the Reply and Request for Hearing form.
• Garnishee's 7-Business-Day Deadline (Rule 64D(g)): Within 7 business days after being served with the Writ of Garnishment, the garnishee must complete the Answers to Interrogatories, file them with the court, and serve copies on the creditor and judgment debtor.
Serving Major Utah Banks, Credit Unions & Registered Agents
Where you serve a Utah Writ of Garnishment determines how quickly funds are frozen:
• Utah Credit Unions & Regional Banks: Major Utah institutions—including America First Credit Union, Mountain America Credit Union, Goldenwest Credit Union, and Zions Bancorporation—accept writs through designated legal/levy intake departments or their registered agent.
• National Banks & Multi-State Employers: National banks (Chase, Wells Fargo, Bank of America, U.S. Bank) and national employers registered in Utah are routinely served through their Utah commercial registered agent (such as C T Corporation System at 1108 E South Union Ave in Midvale or CSC at 15 W South Temple Ste 600 in Salt Lake City), or at a local Utah branch manager's desk.