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  1. #1

    Default Garnishment in Utah State of Both Wages 100% and Bank Account 100% Can They Do This?

    My question involves judgment recovery in the State of:UT

    I am really concerned how I am suppose to pay my debt to all my other creditors. The banks has frozen my account due to a garnishment that has been served to them from a landlord I had a month-to-month contract with. and my wages are now being garnished 100% becuase of this same action. I don't know what the law is but I have four small children I need to take care of and I am not sure how to get my paychecks back . I work for a company that belives they need to follow this garnishment to the tee and will not give me a paycheck until this garnishment is payed in full. Now my bank will not release my money either. This was all done pro sea by my old land lord and I was wondering who is keeping track of how much i have actually paied between both the bank and wages so they don't get to much.? I have not been served a writ of garnishment for either and I am not sure what to do now.

  2. #2
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    Default Re: Garnishment in Utah State of Both Wages 100% and Bank Account 100% Can They Do Th

    In Utah, the bank can seize all of your accounts, but your employer can only withhold 25% of your net wages.

    Wage Garnishments
    Wage Garnishments require an employer to hold 25% of a debtor's net wages (after taxes and deductions), for each pay period, for a period of 120 days. The Employer served with a writ is required to fill out and sign an affidavit describing the debtors wages for each pay period and is required to remit the 25% to the creditor's attorney at the end of each pay period. Rule 64D of the Utah R. of Civ. Proc. Wage Garnishments required a payment of $25.00 to the Employer. Utah Code § 78-7-44

    Bank Garnishments
    In Utah , the Court's issue post judgment writs of garnishment which require a financial institution to seize all of the debtor's checking accounts, savings accounts, and other similar payment on demand accounts and deliver the seized money to the creditor's attorney, after a period of twenty (20) days. Rule 64D of the Utah R. of Civ. Proc. Bank Garnishments required a payment of $10.00 to the Financial Institution. Utah Code § 78-7-44.

    http://www.constantinolaw.com/collections.htm
    The writ of garnishment would be served to your employer and your bank.

    I would strongly suggest that you consult an attorney to force your employer to comply with the law.

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