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Utah Code Title 76. Utah Criminal Code § 76-8-603. Wrongfully issued writ of attachment by a justice court judge

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-603. Wrongfully issued writ of attachment by a justice court judge - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-603/

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