78A-2-216 - Fees for writ of garnishment -- Single or continuing. - Utah Statutes

78A-2-216. Fees for writ of garnishment -- Single or continuing.
(1) Any creditor who serves or causes to be served a writ of garnishment upon thegarnishee shall pay to the garnishee:
(a) $10 for a single garnishment; and
(b) $25 for a continuing garnishment.
(2) The creditor shall pay the fee directly to the garnishee.
(3) If a plaintiff attempts to garnish the property of a person other than the defendant byserving a garnishment on a garnishee, that person may recover from the plaintiff an amount notto exceed $1,000 if the person demonstrates to the court that the plaintiff failed to exercisereasonable diligence in determining that the person and defendant were the same individual.
(4) The following factors may be taken into consideration by the court in determiningwhether the plaintiff exercised reasonable diligence in determining whether the person garnishedand the defendant were the same individual:
(a) similarities between the person and the actual judgment debtor, including:
(i) the spelling of each person's name;
(ii) addresses;
(iii) physical descriptions;
(iv) identifying information, including Social Security number or driver license number;and
(v) family status;
(b) whether previous contact was made to determine whether the person was thejudgment debtor;
(c) how the determination of who the judgment debtor was, was made; and
(d) what information the plaintiff had access to or was provided with regarding the actualjudgment debtor from all available sources.
(5) An employer who receives a written request for verification of employment, whichincludes a copy of the judgment and judgment information statement, shall provide verificationwithin 10 days. The response shall indicate whether or not the defendant identified in thedocumentation is a current employee.
(6) A plaintiff is not liable for a violation of Subsection (3) regarding a wagegarnishment if the plaintiff transmitted a written request for verification of employment,including a copy of the judgment and judgment information statement, to an employer and theemployer did not respond.

Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 149, 2008 General Session