Utah Statutes
§ 38-9-304 — Civil liability -- Damages.
Utah § 38-9-304
JurisdictionUtah
Title 38Liens
Ch. 38-9Wrongful Lien Act
Part 38-9-3Recording a Nonconsensual Common Law Document
This text of Utah § 38-9-304 (Civil liability -- Damages.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Utah Code Ann. § 38-9-304 (2026).
Text
(1)If, under Section 38-9-303, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused by recording the nonconsensual common law document, costs, and reasonable attorney fees.
(2)A person who is liable under Subsection (1) for a nonconsensual common law document is jointly and severally liable with each other person who is liable for the nonconsensual common law document.
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Legislative History
Enacted by Chapter 114, 2014 General Session
Nearby Sections
15
§ 38-10-101
Definitions.§ 38-10-103
Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.§ 38-10-104
Limitation of interests covered by lien.§ 38-10-106
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.§ 38-10-108
Limitation upon owner's liability.§ 38-10-110
Cancellation of lien.§ 38-10-111
Abuse of lien right -- Penalty.§ 38-10-112
Assignment of lien.§ 38-10-114
Attorney fees.Cite This Page — Counsel Stack
Bluebook (online)
Utah § 38-9-304, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/38-9-304.