Legal Question in Real Estate Law in Utah
Finding assets needed for garnishment
If I know my tenants have a business and have provided me with a business name and I know they used my property to conduct business and they have business equipment, but they do not have a bank account or a new place of business, what would be necessary to garnish their business? Would I need to know where their equipment is? If I don't know where their equipment is or if they have current business receipts how do I go about collecting the damages from the back rent owed to me? How can I find a business license in the state of Utah with a business name?
2 Answers from Attorneys
Re: Finding assets needed for garnishment
I can help you with the collection process. It can be complicated. Please call for a free consultation.
Re: Finding assets needed for garnishment
The judgment and the garnishment must be against the same name(s). You must know what the assets are to identify them on a court order to get them held for you.
You can get a form from the clerk called Order in Supplementary Proceedings to serve on the defendant(s). That requires them to appear in court and testify as to what and where their assets are. After that you then get a writ of attachment against those assets; then an order of sale of those assets.
Business licenses are issued by the city, not the state.
Again, the clerk of the court can lead you through this.
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