(a) Availability. A writ of attachment is available to seize property in the possession or under the control of the defendant.
Rule 64C.Writ of attachment
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended April 1, 2006 · Last verified July 13, 2026
In one sentenceRule 64C is the writ that lets a plaintiff seize property in the defendant's own possession before judgment, when the debt arises from a contract, involves an out-of-state defendant, or is otherwise authorized by statute.
Full Text of Rule 64C
(b) Grounds. In addition to the grounds required in Rule 64A, the grounds for a writ of attachment require all of the following:
(1) that the defendant is indebted to the plaintiff;
(2)
(i) that the action is upon a contract or is against a defendant who is not a resident of this state or is against a foreign corporation not qualified to do business in this state; or
(ii) the writ is authorized by statute; and
(3) that payment of the claim has not been secured by a lien upon property in this state.
Amendment History
Repealed and reenacted effected November 1, 2004; amended effective April 1, 2006.
Plain-English Summary
A writ of attachment reaches property the defendant possesses or controls directly — unlike garnishment, which reaches property a third party holds for the defendant. As a prejudgment writ, it has to satisfy Rule 64A's requirements first: the motion, security, affidavit, and the combination of mandatory and alternative grounds laid out there.
Attachment adds its own grounds on top of Rule 64A's. The defendant has to be indebted to the plaintiff, and the claim has to fit one of three categories: the action is on a contract, the defendant is a nonresident of Utah or a foreign corporation not qualified to do business here, or a statute independently authorizes the writ. Finally, the claim can't already be secured by a lien on property in Utah.
Frequently Asked Questions
When can I use a writ of attachment instead of garnishment?
Attachment reaches property the defendant directly possesses or controls. Garnishment reaches property a third party — a bank, an employer, anyone else — is holding for the defendant.
Does a writ of attachment require a contract claim?
Not necessarily. A contract claim is one of three alternative paths — attachment is also available against a nonresident defendant or an unqualified foreign corporation, or whenever a separate statute authorizes it.
Can I attach property that's already secured by a lien?
No. One of the required grounds is that payment of the claim hasn't already been secured by a lien on property in Utah.
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: writ of attachment utah ruleattach nonresident defendant property utahutah attachment before judgment requirementsseize defendant property before judgment