Application For Writ Of Execution Page 5
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11UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
NOTICE OF EXECUTION, EXEMPTIONS, AND
RIGHT TO A HEARING
PLEASE READ THIS NOTICE CAREFULLY
YOUR PROPERTY, BENEFITS, OR INCOME MAY BE TAKEN
TO PAY A CREDITOR
The attached Writ of Execution has been issued by this Court at the request of a judgment
creditor (the Plaintiff) who sued you and got a judgment against you. This means that land or
personal property owned by you may be taken by the Plaintiff to pay the judgment against you.
The law provides that certain property cannot be taken to pay judgments. Such property
is said to be exempt. The following is a partial list of property that is or may be exempt.
1.
A homestead whose value does not exceed the amount allowed under the law. (See
Section 78-23-4 of the Utah Code, Annotated regarding the proper procedure to declare
and file a homestead)
2.
A motor vehicle used in trade or business up to the amount allowed by law
3.
Tools of the trade up to the amount allowed by law
4.
Social Security Benefits
5.
Supplemental Security Income Benefits (SSI)
6.
Veteran's Benefits
7.
Unemployment Benefits
8.
Worker's Compensation Benefits
7.
Public Assistance (Welfare)
8.
Alimony and/or Child Support
11.
Certain Pensions
12.
Part or all of the wages or other earnings from personal services
13.
Certain household furnishings and appliances,
14.
Certain musical instruments
15.
Certain heirlooms
This is a partial list and other various property exemptions may be available under
federal law or the Utah Exemption Statute (Section 78-23 of the Utah Code) for other possible
exemptions.
There is no exemption solely because you are having difficulty paying your debts.
The above exemptions may not apply to judgments for alimony, support, or maintenance
or to state or local taxes or to allowable claims listed in Utah Code Ann. Section 78-23-10.
If there is a co-owner of the property taken, you or the co-owner should request a
hearing.
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