Utah Code 38-9a-203. Hearing — Court action
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(1)
Terms Used In Utah Code 38-9a-203
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. 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) A hearing requested by the respondent as allowed under Section 38-9a-202 shall be held within 10 days from the date the request is filed with the court, except as provided under Subsection (3).
(1)(b) If the court finds compelling reasons to continue the hearing date, the hearing shall then be held at the earliest possible time.
(2) At the hearing the court may modify, revoke, or continue the injunction. The burden is on the petitioner to show by a preponderance of the evidence that the respondent has made, uttered, recorded, or filed a wrongful lien against the petitioner or the petitioner’s property.
(3)
(3)(a) If the respondent requests a hearing subsequent to the ten-day period after service, the court shall set a hearing within a reasonable time from the date requested.
(3)(b) At the hearing, the burden is on the respondent to show good cause why the civil wrongful lien injunction should be nullified.