Rule 69B.Sale of property; delivery of property

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

In one sentenceRule 69B walks the officer through selling property seized under a writ — how much notice to give, how the auction has to run, what happens if the winning bidder won't pay, and how the proceeds and certificates of sale get handed out.

Full Text of Rule 69B

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Sale before judgment. The officer may sell the property before judgment if it is perishable or likely to decline speedily in value. The court may order the officer to sell the property before judgment if the court finds that the interest of the parties will be served by sale. The officer must keep safe the sale proceeds subject to further order of the court.

(b) Notice of sale. The officer must set the date, time, and place for sale and serve notice thereof on the defendant and on any third party named by the plaintiff or garnishee. Service must be not later than the initial publication of notice of the sale. The officer must publish notice of the date, time, and place of sale as follows:

(1) If the property is perishable or likely to decline speedily in value, the officer must post written notice of the date, time, and place of sale and a general description of the property to be sold (A) in the courthouse from which the writ was issued and (B) in at least three other public places in the county or city in which the sale is to take place. The officer must post the notice for such time as the officer determines is reasonable, considering the property’s character and condition.

(2) If the property is personal property, the officer must post written notice of the date, time, and place of sale and a general description of the property to be sold (A) in the courthouse from which the writ was issued and (B) in at least three other public places in the county or city in which the sale is to take place. The officer must post the notice for at least seven days and publish the notice at least one time not less than one day preceding the sale in a newspaper of general circulation, if there is one, in the county in which the sale is to take place.

(3) If the property is real property, the officer must post written notice of the date, time, and place of sale and a particular description of the property to be sold (A) on the property, (B) at the place of sale, (C) at the district courthouse of the county in which the real property is located, and (D) in at least three other public places in the county or city in which the real property is located. The officer must post the notice for at least days and publish the notice at least once a week for three successive weeks immediately preceding the sale in a newspaper of general circulation, if there is one, in the county in which the real property is located.

(c) Postponement. If the officer finds sufficient cause, the officer may postpone the sale. The officer must declare the postponement at the time and place set for the sale. If the postponement is longer than 72 hours, the officer must give notice of the rescheduled sale in the same manner as the original notice of sale.

(d) Conduct of sale. All sales must be at auction to the highest bidder, Monday through Saturday, legal holidays excluded, between the hours of 9:00 a.m. and 8:00 p.m. at a place reasonably convenient to the public. Real property must be sold at the district courthouse of the county in which the property is located. The officer must sell only so much property as is necessary to satisfy the amount due. The officer must not purchase property or be interested in any purchase. Property capable of delivery must be within view of those who attend the sale. The property must be sold in such parcels as are likely to bring the highest price. Severable lots of real property must be sold separately. Real property claimed by a third party must be sold separately if requested by the third party. The defendant may direct the order in which the property is sold.

(e) Accounting. Upon request of the defendant, the plaintiff must deliver an accounting of the sale. The officer is entitled to recover the reasonable and necessary costs of seizing, transporting, storing, and selling the property. The officer must apply the property in the following order up to the amount due or the value of the property, whichever is less:

(1) pay the reasonable and necessary costs of seizing, transporting, storing, and selling the property;

(2) deliver to the plaintiff the remaining proceeds of the sale;

(3) deliver to the defendant the remaining property and proceeds of the sale.

(f) Purchaser refusing to pay. Every bid is an irrevocable offer. If a person refuses to pay the amount bid, the person is liable for the difference between the amount bid and the ultimate sale price. If a person refuses to pay the amount bid, the officer may:

(1) offer the property to the next highest bidder;

(2) renew bidding on the property; and

(3) reject any other bid of such person.

(g) Property capable of delivery. Upon payment of the amount bid, the officer must deliver to the purchaser of property capable of delivery the property and a certificate of sale stating that all right, title, and interest the defendant had in the property is transferred to the purchaser.

(h) Property not capable of delivery. Upon payment of the amount bid, the officer must deliver to the purchaser of property not capable of delivery a certificate of sale describing the property and stating that all right, title, and interest the defendant had in the property is transferred to the purchaser. The officer must serve a duplicate of the certificate on the person controlling the property.

(i) Real property. Upon payment of the amount bid, the officer must deliver to the purchaser of real property a certificate of sale for each parcel containing:

(1) a description of the real property;

(2) the price paid;

(3) a statement that all right, title, and interest of the defendant in the property is conveyed to the purchaser; and

(4) a statement whether the sale is subject to redemption.

The officer must record a duplicate of the certificate in the office of the county recorder.

(j) The officer must deliver the property as directed by the writ.

End

Amendment History

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

Plain-English Summary

Most seized property waits for a judgment before it gets sold, but perishable property or property likely to lose value fast can be sold sooner, either at the officer's discretion or by court order, with the proceeds held safe until the court sorts out where they go. For everything else, Rule 69B sets a notice-and-auction process calibrated to what is being sold. Perishable goods get posted notice for a reasonable time given their condition. Ordinary personal property needs at least seven days of posted notice and a newspaper publication at least one day before the sale. Real property gets the heaviest treatment: notice posted on the property itself, at the sale location, at the courthouse, and in three other public places, plus newspaper publication once a week for three straight weeks. Notice always has to reach the defendant and any third party the plaintiff or garnishee has named, no later than the first publication.

The sale itself runs as a public auction to the highest bidder, Monday through Saturday between 9 a.m. and 8 p.m., with real property sold specifically at the district courthouse. The officer cannot buy the property or have any stake in who does, and only sells as much as necessary to satisfy the debt. Every bid is treated as an irrevocable offer — if the winning bidder refuses to pay, that person is on the hook for the gap between their bid and whatever the property eventually sells for, and the officer can move to the next highest bidder or reopen bidding. Once payment comes in, the officer delivers the property (or a certificate describing it, for property that cannot physically change hands) along with proof that title has passed to the purchaser; for real property, that certificate gets recorded with the county recorder and states whether the sale is subject to a later redemption. Sale proceeds get applied first to the costs of seizing, storing, and selling the property, then to the plaintiff, with anything left over going back to the defendant, and the plaintiff must account for the sale if the defendant asks.

Frequently Asked Questions

Can property be sold before a judgment is even entered?

Yes, but only if it's perishable or likely to decline speedily in value. The officer can sell it on that basis alone, or the court can order a sale before judgment if it finds the sale serves the parties' interests. Either way, the officer holds the proceeds safe until the court orders otherwise.

How much notice does an execution sale require?

It depends on the property. Perishable property just needs posted notice for a reasonable time. Personal property needs at least seven days of posted notice plus one newspaper publication before the sale. Real property needs the most: notice posted in five separate locations and published once a week for three consecutive weeks before the sale.

What happens if the highest bidder refuses to pay?

Every bid is an irrevocable offer, so the bidder is liable for the difference between what they bid and whatever the property ultimately sells for. The officer can then offer the property to the next highest bidder, reopen bidding, or reject any future bid from that same person.

Who gets the money from an execution sale?

The officer pays the reasonable costs of seizing, storing, transporting, and selling the property first, then delivers the remaining proceeds to the plaintiff up to the amount owed, and returns anything left over — along with any unsold property — to the defendant.

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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