(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits wrongful inducement to receive writ of attachment if the actor: (a) is: (i) a party to an action, suit, or proceeding; (ii) an agent of a party to an action, suit, or proceeding; or (iii) an attorney of a party to an action, suit, or proceeding; and (b) advises, induces, or procures the issuance of a writ of attachment in the action, suit or proceeding: (i) before the affidavit is filed; or (ii) in which the affidavit filed does not conform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure. (3) A violation of Subsection (2) is a class B misdemeanor. (4) In addition to the penalty under Subsection (3), an actor is liable to the person whose property, credits, money, or earnings are attached for: (a) double the value of the attached property; (b) all costs paid by the person; and (c) all damages incurred in the attachment proceedings.
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