76-8-604. Wrongful inducement to receive writ of attachment.

189 words·~1 min read·/ut/title-76/chapter-8/76-8-604

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2)An actor commits wrongful inducement to receive writ of attachment if the actor:

(a)is:

(i)a party to an action, suit, or proceeding;

(ii)an agent of a party to an action, suit, or proceeding; or

(iii)an attorney of a party to an action, suit, or proceeding; and

(b)advises, induces, or procures the issuance of a writ of attachment in the 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.

Enacted by Chapter 96 , 2024 General Session