Legal Question in Credit and Debt Law in Utah

I am a sole propietor and I owe money for a phone book ad. They are threatening to take my personal property ie. guns, cars, house furnishings to settle the debt. Is this legal? What if all of my property is owned or registered to my spouse? Can they still take it?


Asked on 11/25/09, 1:58 pm

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

The only way they can take your personal property is if they sue you and obtain a judgment against you for the amounts owed. With the entry of the judgment, they can garnish your wages and bank accounts and execute on your personal and real property by having them seized and sold to satisfy the debt. So, in short, it is legal. If items of property such as your home and motor vehicles are titled in the name of just your spouse, then those items would be protected. However, most other items of personal property such as guns and home furnishings are not items in which ownership is held by a title and so if they are in your possession, they would be subject to being seized. Keep in mind, however, that many of your home furnishings are exempt from execution.

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Answered on 12/03/09, 10:54 am


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