Rule 64E.Writ of execution

Once a Utah court enters a final judgment or order requiring someone to pay money or hand over property, winning the case is only half the battle — the plaintiff still has to collect. Rule 64E supplies the mechanism: a writ of execution directs a court officer to seize property in the defendant's possession or control so it can be sold or delivered to satisfy the judgment. To get one, the plaintiff files an application spelling out the amount still owed, the nature, location, and estimated value of the property to be seized, and the name and address of anyone else who might claim an interest in it. If the plaintiff dies before execution issues, an executor, administrator, or successor in interest can pick up where the plaintiff left off by filing an affidavit.

The rule builds in a check for the defendant. After the writ and papers are served, the defendant has 14 days to file a reply and request a hearing. If a reply comes in, the court must set an evidentiary hearing within 14 days and cannot let a sale go forward until it rules on the issues raised. A judge who finds the writ was wrongfully obtained, or that the property is exempt from seizure, orders the officer to release the property; a judge who finds the writ was properly issued orders the sale or delivery to proceed, with fresh notice if the original sale date has already passed. If the defendant lets the 14 days run without replying, the officer moves forward with the sale or delivery. One category of collection gets carved out entirely: mortgage foreclosures follow the separate procedure in Utah Code Title 78B, Chapter 6, Part 9, regardless of anything else in the civil rules.