Utah Code 38-9a-201. Wrongful lien injunction — Forms
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(1)
Terms Used In Utah Code 38-9a-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- wrongful lien: refers to a lien made in violation of Section Utah Code 38-9a-102
(1)(a) Any person who believes that the person is the victim of a wrongful lien may file a verified written petition for a civil wrongful lien injunction against the person filing, making, or uttering the lien, notice of interest, or other encumbrance in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration .
(1)(b) A minor accompanied by the minor’s parent or guardian may file a petition on the minor’s own behalf, or a parent, guardian, or custodian may file a petition on the minor’s behalf.
(2)
(2)(a)
(2)(a)(i) The Administrative Office of the Courts shall develop and adopt forms for petitions, ex parte civil wrongful lien injunctions, civil wrongful lien injunctions, service, and any other necessary forms in accordance with the provisions of this chapter on or before May 2, 2005.
(2)(a)(ii) The office shall provide the forms adopted under Subsection (2)(a)(i) to the clerk of each district court.
(2)(b) The court clerks shall provide the forms to persons seeking to proceed under this chapter.
(2)(c) The courts shall issue all petitions, injunctions, ex parte injunctions, and any other necessary forms in the form prescribed by the Administrative Office of the Courts.