Rule 69A.Seizure of property

Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended May 1, 2024 · Last verified July 13, 2026

In one sentenceRule 69A tells the officer carrying out a writ how to seize a defendant's property, letting the defendant choose which assets go first and setting separate procedures for real estate, farm products, securities, bulky property, and ordinary personal property.

Full Text of Rule 69A

Text sizeJump to: (a) (b) (c)

Unless otherwise directed by the writ, the officer must seize property as follows:

(a) Debtor’s preference. When there is more property than necessary to satisfy the amount due, the officer must seize such part of the property as the defendant may indicate. If the defendant does not indicate a preference, the officer must first seize personal property, and if sufficient personal property cannot be found, then the officer must seize real property.

(b) Real property. Real property must be seized by recording the writ and a description of the property with the county recorder and leaving the writ and description with an occupant of the property. If there is no occupant of the property, the officer must post the writ and description in a conspicuous place on the property. If another person claims an interest in the real property, the officer must serve the writ and description on the other person.

(1) Farm products, as that term is defined in Utah Code Section 70A-9a-102, may be seized by filing the writ and description of the property with the central filing system established by Utah Code Section 70A-9a-320.

(2) Securities shall be seized as provided in Utah Code Section 70A-8-111.

(3) In the discretion of the officer, property of extraordinary size or bulk, property that would be costly to take into custody or to store, and property not capable of delivery may be seized by serving the writ and a description of the property on the person holding the property. The officer must request of the person holding the property an affidavit describing the nature, location, and estimated value of the property.

(4) Otherwise, personal property must be seized by serving the writ and a description of the property on the person holding the property and taking the property into custody.

Amendment History

Added effective November 1, 2004; May 1, 2024.

Plain-English Summary

Once a writ authorizes seizing a defendant's property, Rule 69A gives the officer a script to follow. The defendant gets first say: if there is more property on hand than needed to satisfy the amount due, the defendant can point to which part gets taken. If the defendant says nothing, the officer defaults to personal property first, moving to real property only if there is not enough personal property to cover the debt. That order matters because seizing someone's house is a heavier blow than seizing a bank account, and the rule pushes the officer toward the less disruptive option unless the defendant prefers otherwise.

The mechanics differ by what is being seized. Real property is seized on paper, not by padlock — the officer records the writ and a property description with the county recorder, then leaves a copy with whoever occupies the property, posts it conspicuously if no one is there, or serves it on anyone else claiming an interest. Personal property splits into four tracks: farm products get seized by filing with the state's central filing system for agricultural liens; securities follow a separate statutory seizure method; property that is bulky, costly to move, or otherwise impractical to haul away can be seized by serving the writ on whoever is holding it and requesting an affidavit describing the property's nature, location, and value; and everything else gets seized the traditional way, by serving the writ and taking physical custody.

Frequently Asked Questions

What happens if the defendant doesn't say which property should be seized first?

The officer seizes personal property first, and only moves to real property if there isn't enough personal property available to cover the amount due. The defendant can override that default by indicating a preference for which property gets seized.

How does an officer seize real property under a writ?

By recording the writ and a description of the property with the county recorder and leaving a copy with an occupant of the property. If no one occupies it, the officer posts the writ and description in a conspicuous place. If someone else claims an interest in the property, the officer serves them too.

Are farm products or securities seized differently from other personal property?

Yes. Farm products are seized by filing the writ and a property description with the state's central filing system for agricultural liens under Utah Code Section 70A-9a-320. Securities are seized under the separate procedure in Utah Code Section 70A-8-111, rather than by physical seizure.

What happens to property that's too big or expensive to move?

The officer can, at their discretion, seize property of extraordinary size or bulk, or property that's costly to store or incapable of delivery, by serving the writ and a description on whoever is holding it, and requesting an affidavit describing the property's nature, location, and estimated value — rather than physically taking custody of it.

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

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