Bank Account Garnishment vs. Wage Garnishment in Utah
Short answer: Utah judgment creditors can pursue two main types of garnishment — wage garnishment (a percentage of ongoing paychecks, capped by law) and bank account garnishment (potentially all available funds in an account at the time the writ is served, unless the money is exempt). If exempt money is at risk, you generally have only 10 days from when the notice was mailed or delivered to formally claim the exemption.
Who this guide is for
Anyone dealing with a Utah judgment against them, trying to understand the difference between these two garnishment types and how to protect money that shouldn't be taken.
Wage garnishment
Wage garnishment targets a portion of your ongoing paycheck, generally capped at the lesser of 25% of disposable earnings or the amount your weekly earnings exceed 30 times the federal minimum wage (50% for past-due child support). See Utah Wage Garnishment: How It Works for the full breakdown. Because it's capped by law and spread across pay periods, it's generally more predictable — for both sides — than bank account garnishment.
Bank account garnishment
This is a different mechanism entirely: a writ of garnishment directed at your bank, which can freeze and turn over the available funds in the account at the moment the writ is served — potentially all of it, up to the judgment amount, unless the funds are legally exempt. Unlike wage garnishment's ongoing percentage cap, this is a one-time (or repeatable) snapshot of whatever happens to be in the account.
What's generally protected either way
Federal law protects certain funds regardless of which garnishment type is used — commonly including Social Security, SSI, most VA benefits, federal retirement benefits, and child support payments you receive. Utah law adds further protections, including a portion of wages, some household goods, and certain tools of the trade.
The critical part: exempt funds in a bank account can still get frozen first
Here's the practical trap: a bank doesn't necessarily know that the money sitting in your account is exempt Social Security or child support — it may freeze the funds when served with the writ regardless, leaving you to prove the exemption afterward. This is why acting fast matters.
How to claim an exemption
If money that should be protected is at risk of garnishment, you generally have to:
- Act within 10 days of the date the notice was mailed or delivered to you — this is a tight window, so don't wait.
- File a Reply and Request for Hearing with the court, claiming the specific exemption that applies.
- Attend the hearing, generally set within about 10 days of the court receiving your claim, where you'll need to show the funds are actually exempt (for example, bank statements showing the deposits were Social Security or child support).
Missing the 10-day window can mean losing the opportunity to get exempt funds back through this process — this is one of the tightest deadlines described anywhere on this site, and worth acting on immediately if you receive a garnishment notice involving money you believe is protected.
Frequently asked questions
Can both wage and bank account garnishment happen to me at the same time? Multiple garnishment actions can potentially proceed against the same debtor — this can get complicated, and is worth a consultation if it's happening to you.
What if my exempt funds are mixed with non-exempt money in the same account? Proving which specific funds are exempt can be more complicated when they're commingled with other money — keeping exempt deposits (like Social Security) traceable, ideally in a separate account, makes this much easier to demonstrate if it's ever an issue.
Does the 10-day deadline apply to both wage and bank garnishment? The general framework for claiming an exemption applies to garnishment notices broadly, but confirm the specific deadline stated on your actual notice rather than assuming — these details matter and can vary by case.