View Our Newest Version Here

2011 Utah Code
Title 38 Liens
Chapter 9 Wrongful Liens and Wrongful Judgment Liens
Section 4 Civil liability for recording wrongful lien -- Damages.

38-9-4. Civil liability for recording wrongful lien -- Damages.
(1) A lien claimant who records or causes a wrongful lien as defined in Section 38-9-1 to be recorded in the office of the county recorder against real property is liable to a record interest holder for any actual damages proximately caused by the wrongful lien.
(2) If the person in violation of Subsection (1) refuses to release or correct the wrongful lien within 10 days from the date of written request from a record interest holder of the real property delivered personally or mailed to the last-known address of the lien claimant, the person is liable to that record interest holder for $3,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs.
(3) A person is liable to the record owner of real property for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, who records or causes to be recorded a wrongful lien as defined in Section 38-9-1 in the office of the county recorder against the real property, knowing or having reason to know that the document:
(a) is a wrongful lien;
(b) is groundless; or
(c) contains a material misstatement or false claim.

Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.