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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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In Utah property must be in the possession or under the

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In Utah property must be in the possession or under the control of the debtor in order for a judgment creditor to obtain a writ of execution and execute on the property. If the property is real property that the debtor has previously sold to an unrelated third party for fair value and the transaction was not recorded, but the third party owner has had possession and control over the property (in this case for several years), is a writ of execution appropriate, or does the creditor need to file for a garnishment, since the property is not in the possession or under the control of the debtor?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Writ of execution is not appropriate here, the person who owns it is not the person you have judgment against.You can garnish debtors bank account or writ any other assets but the land here is off limits if fair value was paid no way to seek that here with a writ in this case.You will have to find bank accounts or other assets.

You may want to check for boats, jet skis, rvs, business equipment would be fair game here.

I appreciate the chance to help you tonight.Thanks again let me know if you have more.

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