76-8-603. Wrongfully issued writ of attachment by a justice court judge.
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/ut/title-76/chapter-8/76-8-603A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-603. Wrongfully issued writ of attachment by a justice court judge.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits wrongfully issued writ of attachment by a justice court judge if the actor:
(a)is a justice court judge; and
(b)issues a writ of attachment in an action, suit, or proceeding:
(i)before the affidavit is filed; or
(ii)in which the affidavit filed does not conform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure.
(3)A violation of Subsection
(2)is a class B misdemeanor.
(4)In addition to the penalty under Subsection (3), an actor is liable to the person whose property, credits, money, or earnings are attached for:
(a)double the value of the attached property;
(b)all costs paid by the person; and
(c)all damages incurred in the attachment proceedings.
Amended by Chapter 96 , 2024 General Session