76-8-603 - Wrongful attachment by justice court judge -- Liability. - Utah Statutes

76-8-603. Wrongful attachment by justice court judge -- Liability.
It is unlawful for any justice court judge to issue any writ of attachment, and for anyparty, agent, or attorney of the party, to advise, induce, or procure the issuance thereof, in anyaction, suit, or proceeding before the affidavit is filed, or where the affidavit filed does notconform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure. Any person violating any of the provisions of this section is guilty of a class B misdemeanor andshall be liable to the person whose property, credits, money, or earnings are attached for doublethe value of the attached property, together with all costs paid by him, and all damages incurredin the attachment proceedings.

Amended by Chapter 59, 1990 General Session