(a) Availability. A writ of replevin, attachment or garnishment is available after the claim has been filed and before judgment only upon written order of the court.
Rule 64A.Prejudgment writs in general
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended May 1, 2014 · Last verified July 13, 2026
In one sentenceRule 64A sets the shared requirements for getting any prejudgment writ — replevin, attachment, or garnishment — issued before a judgment has been entered.
Full Text of Rule 64A
(b) Motion; affidavit. To obtain a writ of replevin, attachment or garnishment before judgment, plaintiff shall file a motion, security as ordered by the court and an affidavit stating facts showing the grounds for relief and other information required by these rules. If the plaintiff cannot by due diligence determine the facts necessary to support the affidavit, the plaintiff shall explain in the affidavit the steps taken to determine the facts and why the facts could not be determined. The affidavit supporting the motion shall state facts in simple, concise and direct terms that are not conclusory.
(c) Grounds for prejudgment writ. Grounds for a prejudgment writ include, in addition to the grounds for the specific writ, all of the requirements listed in subsections (c)(1) through (c)(3) and at least one of the requirements listed in subsections (c)(4) through (c)(10):
(1) that the property is not earnings and not exempt from execution; and
(2) that the writ is not sought to hinder, delay or defraud a creditor of the defendant; and
(3) a substantial likelihood that the plaintiff will prevail on the merits of the underlying claim; and
(4) that the defendant is avoiding service of process; or
(5) that the defendant has assigned, disposed of or concealed, or is about to assign, dispose of or conceal, the property with intent to defraud creditors; or
(6) that the defendant has left or is about to leave the state with intent to defraud creditors; or
(7) that the defendant has fraudulently incurred the obligation that is the subject of the action; or
(8) that the property will materially decline in value; or
(9) that the plaintiff has an ownership or special interest in the property; or
(10) probable cause of losing the remedy unless the court issues the writ.
(d) Statement. The affidavit supporting the motion shall state facts sufficient to show the following information:
(1) if known, the nature, location, account number and estimated value of the property and the name, address and phone number of the person holding the property;
(2) that the property has not been taken for a tax, assessment or fine;
(3) that the property has not been seized under a writ against the property of the plaintiff or that it is exempt from seizure;
(4) the name and address of any person known to the plaintiff to claim an interest in the property; and, if the motion is for a writ of garnishment,
(5) the name and address of the garnishee; and
(6) that the plaintiff has attached the garnishee fee established by Utah Code Section 78A-2-216.
(e) Notice, hearing. The court may order that a writ of replevin, attachment or garnishment be issued before judgment after notice to the defendant and opportunity to be heard.
(f) Method of service. The affidavit for the prejudgment writ shall be served on the defendant and any person named by the plaintiff as claiming an interest in the property. The affidavit shall be served in a manner directed by the court that is reasonably calculated to expeditiously give actual notice of the hearing.
(g) Reply. The defendant may file a reply to the affidavit for a prejudgment writ at least 24 hours before the hearing. The reply may:
(1) challenge the issuance of the writ;
(2) object to the sufficiency of the security or the sufficiency of the sureties;
(3) request return of the property;
(4) claim the property is exempt; or
(5) claim a set off.
(h) Burden of proof. The burden is on the plaintiff to prove the facts necessary to support the writ.
(i) Ex parte writ before judgment. If the plaintiff seeks a prejudgment writ prior to a hearing, the plaintiff shall file an affidavit stating facts showing irreparable injury to the plaintiff before the defendant can be heard or other reason notice should not be given. If a writ is issued without notice to the defendant and opportunity to be heard, the court shall set a hearing for the earliest reasonable time, and the writ and the order authorizing the writ shall:
(1) state the grounds for issuance without notice;
(2) designate the date and time of issuance and the date and time of expiration;
(3) designate the date, time and place of the hearing;
(4) forthwith be filed in the clerk’s office and entered of record;
(5) expire 14 days after issuance unless the court establishes an earlier expiration date, the defendant consents that the order and writ be extended or the court extends the order and writ after hearing;
(6) be served on the defendant and any person named by the plaintiff as claiming an interest in the property in a manner directed by the court that is reasonably calculated to expeditiously give actual notice of the hearing.
Amendment History
Repealed and reenacted effective November 1, 2004; amended effective November 1, 2008; May 1, 2014.
Plain-English Summary
Before judgment, a writ of replevin, attachment, or garnishment is available only after the claim has been filed and only by written court order. To get one, the plaintiff has to file a motion, post whatever security the court orders, and submit an affidavit stating the facts supporting the writ in simple, concise, direct terms — not conclusory assertions. If the plaintiff can't pin down every fact through due diligence, the affidavit has to explain what steps were taken and why more couldn't be learned.
The grounds combine three mandatory elements with a menu of alternatives. The plaintiff always has to show the property isn't earnings and isn't exempt from execution, that the writ isn't sought to hinder, delay, or defraud a creditor, and that there's a substantial likelihood the plaintiff will prevail on the underlying claim. On top of that, at least one of several additional circumstances must exist: the defendant is avoiding service, has hidden or is about to hide assets to defraud creditors, is fleeing the state to defraud creditors, incurred the debt through fraud, the property is likely to lose significant value, the plaintiff has an ownership or special interest in the property, or there's probable cause the remedy will be lost without the writ.
Notice and a hearing are the default. The defendant, once served, can file a reply at least 24 hours before the hearing challenging the writ's issuance, disputing the security or sureties, seeking return of the property, claiming an exemption, or asserting a setoff. The burden of proving every element rests on the plaintiff throughout.
An ex parte writ — issued before the defendant is heard — is the exception, available only when the plaintiff's affidavit shows irreparable injury would occur before the defendant could be heard, or some other reason justifies skipping notice. Even then, the order has to state the grounds for bypassing notice, set the dates of issuance and expiration and the date of the hearing, be filed and served promptly, and it automatically expires 14 days after issuance unless the court sets an earlier date, the defendant agrees to an extension, or the court extends it after a hearing.
Frequently Asked Questions
Can I get a writ of attachment or garnishment before judgment in Utah?
Yes, but only after the claim has been filed and only by written court order — it requires a motion, security, and a supporting affidavit.
What do I have to prove to get a prejudgment writ?
Three baseline facts always apply: the property isn't earnings and isn't exempt, the writ isn't meant to hinder, delay, or defraud a creditor, and there's a substantial likelihood you'll prevail on the underlying claim. You also need at least one additional ground, such as the defendant avoiding service, hiding assets, or the property being likely to lose value.
Can I get a prejudgment writ without notifying the defendant first?
Only through the ex parte route, and only by showing irreparable injury would occur before the defendant could be heard. Even then, the order automatically expires 14 days after issuance unless the court sets an earlier expiration, the defendant consents to an extension, or the court extends it after a hearing.
How does a defendant fight a prejudgment writ?
By filing a reply at least 24 hours before the hearing that challenges the writ's issuance, disputes the sufficiency of the security or sureties, seeks return of the property, claims an exemption, or asserts a setoff.
Who has the burden of proof for a prejudgment writ?
The plaintiff, for every fact necessary to support the writ.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: prejudgment writ of attachment utahex parte writ before judgment utahgrounds for prejudgment writ utahwrit affidavit requirements utahemergency writ before judgment utahutah writ hearing reply