58-37e-12 - Prejudgment attachment and execution on judgments. - Utah Statutes

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Statutes > Utah > Title-58 > Chapter-37e > 58-37e-12

58-37e-12. Prejudgment attachment and execution on judgments.
(1) A plaintiff under this chapter, subject to Subsection (3), may request an ex parteprejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule64A against all assets of a defendant sufficient to satisfy a potential award. If attachment isinstituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if thedefendant demonstrates that the assets will be available for a potential award or if the defendantposts a bond sufficient to cover a potential award.
(2) A person against whom a judgment has been rendered under this chapter is noteligible to exempt any property, of whatever kind, from process to levy or process to execute onthe judgment, unless the property is exempt by operation of law.
(3) Any assets sought to satisfy a judgment under this chapter that are named in aforfeiture action or have been seized for forfeiture by any state or federal agency may not be usedto satisfy a judgment unless and until the assets have been released following the conclusion ofthe forfeiture action or released by the agency that seized the assets.

Enacted by Chapter 349, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37e > 58-37e-12

58-37e-12. Prejudgment attachment and execution on judgments.
(1) A plaintiff under this chapter, subject to Subsection (3), may request an ex parteprejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule64A against all assets of a defendant sufficient to satisfy a potential award. If attachment isinstituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if thedefendant demonstrates that the assets will be available for a potential award or if the defendantposts a bond sufficient to cover a potential award.
(2) A person against whom a judgment has been rendered under this chapter is noteligible to exempt any property, of whatever kind, from process to levy or process to execute onthe judgment, unless the property is exempt by operation of law.
(3) Any assets sought to satisfy a judgment under this chapter that are named in aforfeiture action or have been seized for forfeiture by any state or federal agency may not be usedto satisfy a judgment unless and until the assets have been released following the conclusion ofthe forfeiture action or released by the agency that seized the assets.

Enacted by Chapter 349, 1997 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37e > 58-37e-12

58-37e-12. Prejudgment attachment and execution on judgments.
(1) A plaintiff under this chapter, subject to Subsection (3), may request an ex parteprejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule64A against all assets of a defendant sufficient to satisfy a potential award. If attachment isinstituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if thedefendant demonstrates that the assets will be available for a potential award or if the defendantposts a bond sufficient to cover a potential award.
(2) A person against whom a judgment has been rendered under this chapter is noteligible to exempt any property, of whatever kind, from process to levy or process to execute onthe judgment, unless the property is exempt by operation of law.
(3) Any assets sought to satisfy a judgment under this chapter that are named in aforfeiture action or have been seized for forfeiture by any state or federal agency may not be usedto satisfy a judgment unless and until the assets have been released following the conclusion ofthe forfeiture action or released by the agency that seized the assets.

Enacted by Chapter 349, 1997 General Session