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

2. (2) An actor commits wrongfully issued writ of attachment by a justice court judge if the actor:

   1. (a) is a justice court judge; and

   2. (b) issues a writ of attachment in an action, suit, or proceeding:

      1. (i) before the affidavit is filed; or
      2. (ii) in which the affidavit filed does not conform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure.
3. (3) A violation of Subsection (2) is a class B misdemeanor.

4. (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:

   1. (a) double the value of the attached property;
   2. (b) all costs paid by the person; and
   3. (c) all damages incurred in the attachment proceedings.

Amended by Chapter 96, 2024 General Session