Utah § 76-8-604 Wrongful inducement to receive writ of attachment.

Utah Statutes

§ 76-8-604 — Wrongful inducement to receive writ of attachment.

Utah·Title 76 Utah Criminal Code·Ch. 76-8 Offenses Against the Administration of Government·Part 76-8-6 Abuse of Process

(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:

(2)(a) is:

(2)(a)(i) a party to an action, suit, or proceeding;

(2)(a)(ii) an agent of a party to an action, suit, or proceeding; or

(2)(a)(iii) an attorney of a party to an action, suit, or proceeding; and

(2)(b) advises, induces, or procures the issuance of a writ of attachment in the action, suit or proceeding:

(2)(b)(i) before the affidavit is filed; or

(2)(b)(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

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(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:
(2)(a) is:
(2)(a)(i) a party to an action, suit, or proceeding;
(2)(a)(ii) an agent of a party to an action, suit, or proceeding; or
(2)(a)(iii) an attorney of a party to an action, suit, or proceeding; and
(2)(b) advises, induces, or procures the issuance of a writ of attachment in the action, suit or proceeding:
(2)(b)(i) before the affidavit is filed; or
(2)(b)(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:
(4)(a) double the value of the attached property;
(4)(b) all costs paid by the person; and
(4)(c) all damages incurred in the attachment proceedings.

Utah § 76-8-604 (Wrongful inducement to receive writ of attachment.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.