Property Disputes
Property disputes, like the repossession of a vehicle and a disagreement over a contract, is also a civil matter. Law Enforcement will only maintain order and keep the peace at incidents of this type.
Salt Lake County Sheriff's Law Enforcement Bureau Operation Manual outlines the directions a deputy should take. This policy is titled repossessions and primarily deals with the repossession of vehicles but includes how to deal with the repossession of any other property. (Repossession #474)
Repossession or retaking of property without a Court Order:
A person attempting to repossess or retake property, without a court order, will be advised if the owner refuses to surrender the property peaceably, the person attempting the repossession must retreat and secure the appropriate court order.
Repossession or retaking of property with a Court Order:
A person attempting to repossess or retake property, with a court order, will be advised to contact the Civil Division of the Salt Lake County Sheriff's Office at (801) 743-5779. The court order cannot be served until it is processed and the service fees are paid. This includes, but is not limited to, such orders as: Writ of Replevin, Writ of Execution, Writ of Attachment, and/or Writ of Assistance.
The dispute over property may also be resolved in Small Claims Court.
Small Claims Court:
A small claims department of the District Court is designated to settle legal issues and problems arising from contractual or service disputes or other claims which do not exceed the sum of $5,000. A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing. Small claims are also handled in city and county Justice Courts where the same rules apply.
The Utah State online court assistant program gives detailed information that answers frequently asked questions, has an index of small claims resources, and links to the appropriate forms needed to file a small claims.
See www.utcourts.gov/howto/smallclaims/