Rule 64A.Prejudgment writs in general
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended May 1, 2014 · Last verified July 13, 2026
Full Text of Rule 64A
Amendment History
Repealed and reenacted effective November 1, 2004; amended effective November 1, 2008; May 1, 2014.
Plain-English Summary
Before judgment, a writ of replevin, attachment, or garnishment is available only after the claim has been filed and only by written court order. To get one, the plaintiff has to file a motion, post whatever security the court orders, and submit an affidavit stating the facts supporting the writ in simple, concise, direct terms — not conclusory assertions. If the plaintiff can't pin down every fact through due diligence, the affidavit has to explain what steps were taken and why more couldn't be learned.
The grounds combine three mandatory elements with a menu of alternatives. The plaintiff always has to show the property isn't earnings and isn't exempt from execution, that the writ isn't sought to hinder, delay, or defraud a creditor, and that there's a substantial likelihood the plaintiff will prevail on the underlying claim. On top of that, at least one of several additional circumstances must exist: the defendant is avoiding service, has hidden or is about to hide assets to defraud creditors, is fleeing the state to defraud creditors, incurred the debt through fraud, the property is likely to lose significant value, the plaintiff has an ownership or special interest in the property, or there's probable cause the remedy will be lost without the writ.
Notice and a hearing are the default. The defendant, once served, can file a reply at least 24 hours before the hearing challenging the writ's issuance, disputing the security or sureties, seeking return of the property, claiming an exemption, or asserting a setoff. The burden of proving every element rests on the plaintiff throughout.
An ex parte writ — issued before the defendant is heard — is the exception, available only when the plaintiff's affidavit shows irreparable injury would occur before the defendant could be heard, or some other reason justifies skipping notice. Even then, the order has to state the grounds for bypassing notice, set the dates of issuance and expiration and the date of the hearing, be filed and served promptly, and it automatically expires 14 days after issuance unless the court sets an earlier date, the defendant agrees to an extension, or the court extends it after a hearing.
Frequently Asked Questions
Can I get a writ of attachment or garnishment before judgment in Utah?
Yes, but only after the claim has been filed and only by written court order — it requires a motion, security, and a supporting affidavit.
What do I have to prove to get a prejudgment writ?
Three baseline facts always apply: the property isn't earnings and isn't exempt, the writ isn't meant to hinder, delay, or defraud a creditor, and there's a substantial likelihood you'll prevail on the underlying claim. You also need at least one additional ground, such as the defendant avoiding service, hiding assets, or the property being likely to lose value.
Can I get a prejudgment writ without notifying the defendant first?
Only through the ex parte route, and only by showing irreparable injury would occur before the defendant could be heard. Even then, the order automatically expires 14 days after issuance unless the court sets an earlier expiration, the defendant consents to an extension, or the court extends it after a hearing.
How does a defendant fight a prejudgment writ?
By filing a reply at least 24 hours before the hearing that challenges the writ's issuance, disputes the sufficiency of the security or sureties, seeks return of the property, claims an exemption, or asserts a setoff.
Who has the burden of proof for a prejudgment writ?
The plaintiff, for every fact necessary to support the writ.