38-1-25 - Abuse of lien right -- Penalty. - Utah Statutes

38-1-25. Abuse of lien right -- Penalty.
(1) Any person entitled to record or file a lien under Section 38-1-3 is guilty of a class Bmisdemeanor who intentionally causes a claim of lien against any property containing a greaterdemand than the sum due to be recorded or filed:
(a) with the intent to cloud the title;
(b) to exact from the owner or person liable by means of the excessive claim of lien morethan is due; or
(c) to procure any unjustified advantage or benefit.
(2) In addition to any criminal penalties under Subsection (1), a person who violatesSubsection (1) is liable to the owner of the property or an original contractor or subcontractorwho is affected by the lien for the greater of:
(a) twice the amount by which the abusive lien exceeds the amount actually due; or
(b) the actual damages incurred by the owner of the property.

Amended by Chapter 332, 2007 General Session