Utah Code 76-8-604. Wrongful inducement to receive writ of attachment
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-8-604
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of:(47)(a) the state;(47)(b) a court; or(47)(c) a judicial officer. See Utah Code 68-3-12.5(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.