38-9a-204 - Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction. - Utah Statutes

38-9a-204. Civil wrongful lien injunction -- Validity of injunctions -- Changes toinjunctions -- Dissolution of injunction.
(1) If the respondent does not request a hearing in writing within 10 days of service ofthe ex parte civil wrongful lien injunction under Section 38-9a-203, the injunction automaticallybecomes a civil wrongful lien injunction without further notice to the respondent and expiresthree years from the date of service.
(2) The civil wrongful lien injunction issued by the court shall include the followingstatement: "Attention. This is an official court order. If you disobey this order, the court mayfind you in contempt. You may also be arrested and prosecuted for the crime of making awrongful lien and any other crime you may have committed in disobeying this order."
(3) A certified copy of an ex parte civil wrongful lien injunction or civil wrongful lieninjunction is presumed to be a valid existing order of the court for a period of three years fromthe date of service of the ex parte civil wrongful lien injunction on the respondent.
(4) (a) Any changes or modifications of the ex parte civil wrongful lien injunction areeffective upon service on the respondent. The original ex parte civil wrongful lien injunctioncontinues in effect until service of the changed or modified civil wrongful lien injunction on therespondent.
(b) The validity of the injunction under this Subsection (4) is determined in the samemanner as prescribed in Subsection (3).
(5) The ex parte civil wrongful lien injunction or civil wrongful lien injunction may bedissolved at any time upon written application by the petitioner to the issuing court.
(6) (a) The court clerk shall provide, without charge, to the petitioner one certified copyof the injunction issued by the court and one certified copy of the proof of service of theinjunction on the respondent.
(b) Charges may be imposed by the clerk's office for any additional copies, whether ornot certified, under the Utah Code of Judicial Administration, Rule 4-202.08.

Enacted by Chapter 93, 2005 General Session