62A-11-312.5 - Liens by operation of law and writs of garnishment.
62A-11-312.5. Liens by operation of law and writs of garnishment.
(1) Each payment or installment of child support is, on and after the date it is due, ajudgment with the same attributes and effect of any judgment of a district court in accordancewith Section 78B-12-112 and for purposes of Section 78B-5-202.
(2) (a) A judgment under Subsection (1) or final administrative order shall constitute alien against the real property of the obligor upon the filing of a notice of judgment-lien in thedistrict court where the obligor's real property is located if the notice:
(i) specifies the amount of past-due support; and
(ii) complies with the procedural requirements of Section 78B-5-202.
(b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute ajudgment or final administrative order under this section against real or personal property in theobligor's possession.
(3) (a) The office may issue a writ of garnishment against the obligor's personal propertyin the possession of a third party for a judgment under Subsection (1) or a final administrativeorder in the same manner and with the same effect as if the writ were issued on a judgment of adistrict court if:
(i) the judgment or final administrative order is recorded on the office's automated caseregistry; and
(ii) the writ is signed by the director or the director's designee and served by certifiedmail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
(b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures anddue process protections provided by Rule 64D, Utah Rules of Civil Procedure, except asprovided by Section 62A-11-316.
Amended by Chapter 3, 2008 General Session