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Utah · Through 2026 General Session

Utah Code § 76-8-603: Wrongfully issued writ of attachment by a justice court judge.

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Where this section sits in the code
  1. Title 76 Criminal Offenses
  2. Chapter 76-8 Offenses Against the Administration of Government
  3. 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 wrongfully issued writ of attachment by a justice court judge if the actor:

(a) is a justice court judge; and

(b) issues a writ of attachment in an action, suit, or proceeding:

(i) before the affidavit is filed; or

(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:

(a) double the value of the attached property;

(b) all costs paid by the person; and

(c) all damages incurred in the attachment proceedings.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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