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

Utah § 76-8-604

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

Text

(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.

Legislative History

Enacted by Chapter 96, 2024 General Session