Every state has its own rules about collecting money judgments. Utah is no exception. Here, creditors have a variety of tools at their disposal. Two in particular, judgment liens and writs of execution, can be very persuasive in the effort to convince debtors to pay.
We would never say that judgment liens and writs of execution are appropriate to every case. They aren’t. Each case needs to be looked at based on its own merits. Judgment creditors need to realistically assess their situations to determine how to proceed with collection efforts. But let us say judgment liens and writs of execution are on the table. What does that mean for both creditor and debtor?
As you read the brief explanation of judgment liens and writs of execution below, we hope you will bear in mind that Judgment Collectors specializes in collecting money judgments in Utah. It is what we do. We would be more than happy to take a look at your case to see if we can help. And if we can, we will lay it all out for you.
More About Judgment Liens
In Utah, a judgment lien is very similar to other types of liens that might be placed on a property. For example, a remodeling contractor might be hired to redo a family’s kitchen. If the homeowner does not pay his bill, the contractor can place a lien on their personal property. This prevents the owner from selling or otherwise transferring the property without paying their bill.
A judgment lien works nearly the same way. But there are rules in Utah. For example, judgment liens in Utah can only be attached to real estate. They cannot be attached to personal property. In addition, creditors must go through the county in order to file the lien. A lien application must be filed with a copy of the original court judgment in the county where the property is located. For example:
- In the Same County – If the debtor’s property is in the same county in which the original the lawsuit was filed, obtaining a judgment lien his very easy. It is the same court, the same court clerk, etc.
- In a Different County – If the debtor’s property is located in a separate county, the creditor must get a copy of the original court order and file it with the lien application in this county.
Filing the actual paperwork isn’t difficult, but it does have to be done. Remember that a judgment lien is a legal order that must be approved and recorded by the court. Also know that while judgment liens in Utah can remain attached to a property for up to 8 years, a creditor’s ability to collect through a lien could be impacted by things like bankruptcy and homestead exemptions.
More About Writs of Execution
Where a judgment lien does not impact ownership of the attached property, a writ of execution does. In the simplest possible terms, a writ of execution is a court order allowing the local sheriff to seize and sell the attached property. Proceeds from the sale go toward paying off the money judgment. If there is any left over, it is forwarded to the debtor. But if sale of the property doesn’t generate enough, the debtor is still responsible for paying the balance.
Are judgment liens and writs of execution appropriate in your case? That depends on the circumstances. If you have a money judgment you are struggling to collect, the Judgment Collectors can take a look at it. If we can help, we would be more than happy to do so.
