Application For Writ Of Execution Page 2
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11United States District Court
District of Utah
Writ of Execution Procedures
A writ of execution is a post-judgment remedy to enforce a judgment for the payment of
money in a civil case. Under the Federal Rules of Procedure (FRCP Rule 69) the process for
obtaining a writ of execution is governed by the practices and procedures of the state in which
the district court is located. Rule 64E of the Utah Rules of Civil Procedure outlines the
procedure for obtaining this writ. There is no filing fee for a writ of execution.
In order for a writ of execution to be issued, certain requirements must be met. The
conditions for this writ are: (1) the judgment finalized the case as it related to all parties, (2) 10
business days have lapsed since the entry of the judgment, (3) no stay or satisfaction of judgment
has been filed. (If the judgment creditor has died, the writ of execution may be issued upon the
affidavit of an authorized administrator, executor or a successor in interest.)
An application for writ of execution must be completed and filed with the clerk's office if
these conditions have been met and the judgment creditor wishes to enforce the judgment with
this writ. The application must contain (1) the amount of the judgment and the amount due on
the judgment or order, (2) the nature, location, and estimated value of the property to be sold or
delivered, (3) the name and address of any person known to the plaintiff to claim an interest in
the property. (Form attached)
The writ must be completed and submitted to the clerk's office for issuance. Reference to
the writ being issued out of the United States District Court, District of Utah must be on the writ.
The clerk will issue the original writ and maintain a copy for the court's records. The United
States Marshal's office will not serve writs of this kind. Service will need to be carried out by a
constable.
The writ must be served with a Notice of Execution, Exemptions and Right to a Hearing
form, and two (2) Requests for Hearing, each enclosed within this packet. This is to notify the
judgment debtor that he/she must reply to the writ within 10 days of service and request a
hearing on the execution. An officer may proceed with the sale or delivery of property if no
reply is filed.
If the debtor does request a hearing the court will hold an evidentiary hearing to
determine the appropriateness of the writ and if the property subject to the writ is exempt from
seizure. If the court decides the writ was incorrectly obtained then it will order the seizing
officer to release the property. But if the writ is found to be properly issued and the property is
not exempt, then the court can enter an order instructing the officer to sell or deliver the
property. No sale of property may take place until the court has ruled on the issues before it at
the hearing. A notice of a rescheduled sale must be given if the date of the sale has passed. The
remaining amounts for post-judgment costs, interest and cost of service for the writ are to be
taxed as costs when the amounts on the writ of execution have been paid.
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