(1) 

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 38-9a-201

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means :Utah Code 68-3-12.5
  • wrongful lien: refers to a lien made in violation of Section 76-6-503. See Utah Code 38-9a-102
(a)  Any person who believes that he or she is the victim of a wrongful lien may file a verified written petition for a civil wrongful lien injunction against the person filing, making, or uttering the lien, notice of interest, or other encumbrance in the district court in the district in which the petitioner or respondent resides or in which any of the events occurred.

(b)  A minor accompanied by his or her parent or guardian may file a petition on his or her own behalf, or a parent, guardian, or custodian may file a petition on the minor’s behalf.

(2) 

(a) 

(i)  The Administrative Office of the Courts shall develop and adopt forms for petitions, ex parte civil wrongful lien injunctions, civil wrongful lien injunctions, service, and any other necessary forms in accordance with the provisions of this chapter on or before May 2, 2005.

(ii)  The office shall provide the forms adopted under Subsection (2)(a)(i) to the clerk of each district court.

(b)  The court clerks shall provide the forms to persons seeking to proceed under this chapter.

(c)  The district courts shall issue all petitions, injunctions, ex parte injunctions, and any other necessary forms in the form prescribed by the Administrative Office of the Courts.

Amended by Chapter 223, 2008 General Session