Current through the 2024 Fourth Special Session
Section 76-8-604 - Wrongful inducement to receive writ of attachment(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.Added by Chapter 96, 2024 General Session ,§ 109, eff. 5/1/2024.