What Property Is Exempt From Creditors in Utah?

In Utah, the property and income a judgment creditor cannot take is governed by the Utah Exemptions Act, Utah Code Sections 78B-5-501 through 78B-5-513. Two features make Utah specific. First, Utah has "opted out" of the federal bankruptcy exemption list (Utah Code Section 78B-5-513), so Utah residents must use the state exemptions rather than the federal bankruptcy schedule. Second, and most important for anyone facing a writ of garnishment or a bank levy, exemptions are not self-executing: when a creditor garnishes your wages or freezes your account, you generally must file a written reply claiming the exemption within the short deadline printed on the garnishment papers, or you can lose money that the law would otherwise protect.

The Homestead Exemption: Equity in Your Home

Utah Code Section 78B-5-503 protects equity in real property you use as your primary personal residence. The statute sets a fixed dollar amount of equity that creditors cannot reach, and that amount is doubled when more than one owner (such as a married couple) holds the property and uses it as a home. A lower, smaller amount applies to property that is not your primary residence. Because the Utah Legislature has revised these figures over time, you should confirm the current dollar amount directly in Section 78B-5-503 before relying on a specific number.

Two points often surprise people. The homestead protects equity, not the full value of the house, so a mortgage or a properly recorded consensual lien is unaffected. And the homestead does not stop a creditor who has a security interest in the home, nor does it block tax liens or a judgment for unpaid child support. To claim the homestead against a forced sale, an owner files a homestead declaration as provided by statute; many homeowners qualify even without a recorded declaration, but recording one removes doubt.

Wages: Utah Follows the Federal 25% Cap

For wage garnishment, Utah applies the same ceiling as the federal Consumer Credit Protection Act. A creditor may take only the lesser of (1) 25% of your disposable earnings for that pay period, or (2) the amount by which your disposable earnings exceed 30 times the federal minimum hourly wage. "Disposable earnings" means what is left after legally required deductions such as taxes and Social Security. As of 2026 the federal minimum wage is $7.25 per hour, which makes the weekly protected floor 30 x $7.25 = $217.50; confirm the current federal figure, because the floor moves whenever the minimum wage changes.

Utah's minimum wage currently mirrors the federal $7.25 rate, but you should verify the current Utah figure with the Utah Labor Commission, since state rates can change. Garnishment in Utah is carried out under Utah Rule of Civil Procedure 64D, which is the continuing wage-garnishment procedure; child-support and certain tax debts can reach a larger share of wages than ordinary judgment creditors.

Retirement Accounts and Pensions

Utah broadly protects retirement savings. The Exemptions Act shields money or assets held in plans that qualify under the Internal Revenue Code, including employer pensions, 401(k) and 403(b) plans, and IRAs. Federal law adds a separate layer of protection for ERISA-governed plans. The practical effect is that a typical judgment creditor cannot reach funds sitting inside a qualified retirement account. Money loses this protection once it is withdrawn and deposited into an ordinary checking or savings account, where it can be mixed with other funds, so timing and account choice matter.

Public Benefits: Social Security, Unemployment, and More

Utah Code Section 78B-5-505 exempts a long list of public benefits and support payments, including unemployment compensation, workers' compensation, public assistance, veterans' benefits, and disability or illness benefits. Social Security receives especially strong protection: federal law (42 U.S.C. Section 407) makes Social Security benefits exempt from garnishment by most creditors regardless of state law, with narrow exceptions for federal debts, certain taxes, and child or spousal support.

For bank accounts, a federal rule requires banks that receive a garnishment order to automatically protect up to two months of Social Security and certain other federal benefits that were paid by direct deposit, even before you file anything. This automatic protection does not cover every benefit type, so you may still need to assert an exemption claim for funds the bank does not shield.

Vehicle, Household Goods, and Tools of the Trade

Utah Code Section 78B-5-506 covers many everyday possessions. It protects equity in a motor vehicle up to a set dollar amount, and it protects tools, books, and implements of your trade up to a separate dollar limit. Confirm the current vehicle and trade-tool amounts in Section 78B-5-506, as the Legislature has adjusted them.

Section 78B-5-505 and Section 78B-5-506 also protect a range of household furnishings and personal items. Certain necessities are protected without a dollar cap, including a refrigerator, freezer, stove, microwave, washer, dryer, sewing machine, beds and bedding, and carpets in use. Other categories, such as sofas, chairs, and related furnishings, dining and kitchen tables and chairs, and items like family heirlooms, books, animals, and musical instruments, are protected up to aggregate dollar limits set by statute. Also protected are necessary clothing (excluding furs and jewelry), prescribed health aids, a burial plot, and certain proceeds such as child support, alimony, and money traceable to exempt property like insurance benefits.

How to Claim Your Exemptions Against a Garnishment or Levy

This is the step that protects you in practice. When a creditor garnishes wages or levies a bank account in Utah, you are served with garnishment documents that include a notice of exemptions and a reply form (often called a Reply to Writ of Garnishment or a Request for Hearing). To keep protected money, you must:

• Read the deadline on the papers and act fast. Utah's garnishment rules give you only a short window after service to file your reply requesting a hearing. Missing it can mean the funds are released to the creditor.
• Identify each exemption you are claiming - for example, Social Security or unemployment funds in the account, wages above the 25% cap, or vehicle and household-goods value under Section 78B-5-506.
• File the reply with the court and serve the creditor as the form directs, then attend the hearing if one is set. Bring proof, such as bank statements showing direct-deposited benefits, to trace the exempt funds.
• Keep exempt funds traceable. Mixing Social Security or other protected deposits with non-exempt money makes it harder to prove what is exempt; a dedicated benefits account helps.

A judgment creditor must still follow the rules of fair collection. The federal Fair Debt Collection Practices Act (FDCPA) bars third-party debt collectors from harassment, threats, and false statements, and the federal Fair Credit Reporting Act (FCRA) governs how the debt is reported. These are floors that apply on top of Utah's exemption protections.

Where to Verify Utah's Rules

Because dollar amounts and deadlines change, confirm the current figures before you rely on them. The authoritative text is the Utah Exemptions Act in the Utah Code (Title 78B, Chapter 5), available through the Utah Legislature's official website. For collection abuses and consumer questions, contact the Office of the Utah Attorney General and the Utah Division of Consumer Protection within the Utah Department of Commerce; the Attorney General's consumer-protection function and the Division handle complaints about unfair or deceptive collection conduct. The Utah State Courts self-help resources explain garnishment and how to file a reply. For wage and minimum-wage questions, the Utah Labor Commission is the official source. If a large amount is at stake, a Utah-licensed consumer or bankruptcy attorney can confirm which exemptions apply to your situation.

Official Utah Sources

This page is based on Utah law. Limits and deadlines change — verify the current details directly with the official Utah sources below. This is general legal information, not legal advice.

• Utah Division of Consumer Protection (Utah Department of Commerce) — official Utah agency.
• File a Complaint - Utah Division of Consumer Protection
• Utah Consumer Sales Practices Act (Utah Code Title 13, Chapter 11)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Utah’s own rules.