- (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