Current through the 2024 Fourth Special Session
Section 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 ,§ 108, eff. 5/1/2024.Amended by Chapter 59, 1990 General Session