reglab/statecodes huggingface dataset:
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 2.5 - Failure to notify -- Effect -- Penalty.

38-7-2.5.
Failure to notify -- Effect -- Penalty.
(1)
(a) A person who fails to meet the notice requirements of Subsections 38-7-2(1) and (2) is precluded from receiving an award of costs and attorneys' fees from the person against whom a notice of lien has been filed in an action to enforce the lien if costs and attorneys' fees are authorized by contract or statute.
(b) Subsection (1)(a) does not create a right to costs and attorneys' fees.
(2) In addition to the penalties provided in Subsection (1)(a), a lien claimant who, within 20 days from the date of receiving notice of noncompliance with the notice requirements of Subsection 38-7-2(1) or (2), willfully refuses to release the notice of lien or record the lien in compliance with Section 38-7-2 is liable to the person against whom the notice of lien was filed for $1,000 or for treble damages, whichever is greater.
(3) Failure to meet the notice requirements of Subsections 38-7-2(1) and (2) does not:
(a) invalidate any lien arising at common law or in equity or by any statute of this state; or
(b) affect the rules of priority provided in Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions.
Amended by Chapter 252, 2000 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 3 - Parties or insurance carrier making payment liable for satisfaction of lien -- Enforcement of lien.

38-7-3.
Parties or insurance carrier making payment liable for satisfaction of lien -- Enforcement of lien.
(1) Any person, firm or corporation, including an insurance carrier, making any payment to a patient or to his attorney, heirs or legal representative as compensation for the injuries and/or damages sustained, after the filing and, if applicable, receipt of written notice of the lien, as aforesaid, and without paying the hospital asserting the lien the amount of its lien or that portion of the lien which can be satisfied out of the money due under any final judgment or contract of compromise or settlement, less payment of the amount of any prior liens, shall be liable to the hospital for the amount that the hospital was entitled to receive.
(2) Liability of the person, firm or corporation for the satisfaction of the hospital lien shall continue for a period of one year from and after the date of any payment of any money to the patient, his heirs or legal representatives as damages or under a contract of compromise or settlement. Any hospital may enforce its lien by a suit at law against the person, firm or corporation making the payment. In the event of a suit to enforce a lien the hospital may recover a reasonable attorney's fee and the costs of filing and recording the lien.
Enacted by Chapter 75, 1965 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 4 - Hospital lien docket provided by district court -- Contents.

38-7-4.
Hospital lien docket provided by district court -- Contents.
Every district court shall, at the expense of the county, provide and maintain a suitable bound book to be called the hospital lien docket, and in which shall be entered any hospital lien claim filed. The district court shall enter the name of the injured person, the name of the person, firm, or corporation alleged to be liable for the injuries and damages, the date and place of the accident, and the name of the hospital or other institution making the claim. The district court shall also maintain a proper index of the hospital lien docket under the name of the injured person.
Amended by Chapter 167, 1996 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 5 - Release of lien by hospital -- Execution and filing -- Notification to injured patient.

Effective 5/14/2019
38-7-5.
Release of lien by hospital -- Execution and filing -- Notification to injured patient.
The hospital shall, upon receipt of payment of the lien or the portion recoverable under the lien:
(1) execute and file, at the expense of the hospital, a release of lien; and
(2) mail, at the expense of the hospital, notice of the release of lien described in Subsection (1) to the injured patient, the patient's heirs, or the patient's personal representative.
Amended by Chapter 328, 2019 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 7 - Interest of hospital in claim settlement limited.

38-7-7.
Interest of hospital in claim settlement limited.
Nothing in this act shall be construed to permit any hospital to be a party to or to have any interest in the amount or manner of any settlement of any claim on which a lien has been filed other than the lien rights as provided in this act.
Enacted by Chapter 75, 1965 General Session
2023 Utah Code › Title 38 - Liens › Chapter 8 - Self-Service Storage Facilities › Section 1 - Definitions.

Effective 5/12/2015
38-8-1.
Definitions.
As used in this chapter:
(1) "Certified mail" means:
(a) a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or
(b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed.
(2) "Default" means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement.
(3) "Email" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals, including electronic messages that are transmitted within or between computer networks.
(4) "Last known address" means the postal address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the postal address provided in the written notice of a change of address.
(5) "Last known email address" means the email address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the email address provided in the written notice of a change of address.
(6) "Occupant" means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(7) "Owner" means:
(a) the owner, operator, lessor, or sublessor of a self-service storage facility;
(b) an agent of a person described in Subsection (7)(a); or
(c) any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement.
(8) "Personal property" means movable property not affixed to land and includes goods, merchandise, and household items.
(9) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions relating to the use and occupancy of a unit or space at a self-service storage facility.
(10)
(a) "Self-service storage facility" means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property.
(b) "Self-service storage facility" does not include:
(i) a warehouse described in Section 70A-7a-102;
(ii) real property used for residential purposes; or
(iii) a facility that issues a warehouse receipt, bill of lading, or other document of title for the personal property stored at the facility.
(11) "Vehicle" means personal property required to be registered with the Motor Vehicle Division pursuant to Title 41, Chapter 1a, Part 2, Registration, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 38 - Liens › Chapter 8 - Self-Service Storage Facilities › Section 2 - Lien against stored property -- Attachment and duration -- Search for financing statement prerequisite to enforcement of lien.

38-8-2.
Lien against stored property -- Attachment and duration -- Search for financing statement prerequisite to enforcement of lien.
(1) When an owner and an occupant enter into a rental agreement, the owner and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale under this chapter.
(2) The lien described in Subsection (1) attaches on the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until any default is corrected or a sale pursuant to a default is conducted to satisfy the lien.
(3) A rental agreement shall state that:
(a) an owner is entitled to sell all personal property stored at the self-service storage facility pursuant to the rental agreement if the occupant is in default for a continuous 30-day period; and
(b) the occupant shall disclose to the owner any lienholders that have an interest in the property that will be stored at the self-service storage facility.
(4) If a rental agreement states a maximum, aggregate value of the personal property that may be stored at the occupant's storage space, the occupant may not assert that the value of the personal property actually stored at the occupant's storage space exceeds the maximum amount stated in the rental agreement.
(5)
(a) Before an owner takes enforcement action under Section 38-8-3, the owner shall determine if a financing statement filed in accordance with Title 70A, Chapter 9a, Part 5, Filing, has been filed with the Division of Corporations and Commercial Code concerning the property to be sold.
(b) A security interest evidenced by a financing statement filed in accordance with Title 70A, Chapter 9a, Part 5, Filing, has priority over the lien provided by this section.
Amended by Chapter 163, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 8 - Self-Service Storage Facilities › Section 3.5 - Right to tow certain vehicles subject to lien.

Effective 5/13/2014
38-8-3.5.
Right to tow certain vehicles subject to lien.
(1) If the property subject to a lien described in Section 38-3-2 is a vehicle, the occupant is in default for a continuous 60-day period, and the owner chose not to sell the vehicle under Section 38-8-3, the owner may have the vehicle towed from the self-service storage facility by an independent towing carrier that is certified by the Department of Transportation as described in Section 72-9-602.
(2) Within one day after the day on which a vehicle is towed under Subsection (1), the owner shall send written notice by certified mail, postage prepaid, to the occupant's last known address that states:
(a) the date the vehicle was towed; and
(b) the address and telephone number of the person that towed the vehicle.
(3) An owner that has a vehicle towed under Subsection (1) is not liable for any damage that occurs to the vehicle after the independent towing carrier takes possession of the vehicle.
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 8 - Self-Service Storage Facilities › Section 4 - Posting of notice.

38-8-4.
Posting of notice.
Each owner acting under this chapter shall keep posted in a prominent place in the owner's office at all times a notice that reads as follows:
"All articles stored under a rental agreement, for which charges have not been paid for 30 days, will be sold to pay charges. If this business does not sell a vehicle stored under a rental agreement, it will be towed from the self-storage facility after 60 days of nonpayment."
Amended by Chapter 163, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 8 - Self-Service Storage Facilities › Section 5 - Other liens unaffected.

38-8-5.
Other liens unaffected.
Nothing in this section shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute of this state.
Enacted by Chapter 171, 1981 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/13/2014
38-9-101.
Title.
(1) This chapter is known as the "Wrongful Lien Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 1 - General Provisions › Section 103 - Scope.

Effective 5/13/2014
38-9-103.
Scope.
(1) This chapter does not apply to a notice of interest filed before May 5, 2008.
(2) This chapter does not apply to a lis pendens recorded in accordance with Section 78B-6-1303 and does not prevent a person from seeking any other relief permitted by law.
(3) This chapter does not apply to a person entitled to a preconstruction or construction lien under Section 38-1a-301 who files a lien pursuant to Title 38, Chapter 1a, Preconstruction and Construction Liens.
Renumbered and Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 2 - Recording a Wrongful Lien › Section 202 - County recorder may reject wrongful lien within scope of employment -- Good faith requirement.

Effective 5/13/2014
38-9-202.
County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
(1)
(a) A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien.
(b) If the county recorder refuses to record a lien in accordance with Subsection (1)(a), the county recorder shall immediately return the original document together with a notice that the document was rejected pursuant to this section to the person attempting to record the document or to the address provided on the document.
(2) A county recorder who, within the scope of the county recorder's employment, rejects or accepts a document for recording in good faith under this section is not liable for damages.
(3) If a document that a county recorder refuses to record under this section is later found not to be a wrongful lien pursuant to a court order, it shall have no retroactive recording priority.
(4) Nothing in this chapter precludes a person from pursuing any remedy pursuant to Utah Rules of Civil Procedure, Rule 65A, Injunctions.
Renumbered and Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 2 - Recording a Wrongful Lien › Section 203 - Civil liability for recording wrongful lien -- Damages.

Effective 5/13/2014
38-9-203.
Civil liability for recording wrongful lien -- Damages.
(1) A lien claimant who records or causes a wrongful lien 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 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.
Renumbered and Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 2 - Recording a Wrongful Lien › Section 204 - Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.

Effective 5/13/2014
38-9-204.
Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.
(1) A lien claimant whose document is rejected pursuant to Section 38-9-202 may petition the district court for an expedited determination that the lien may be recorded.
(2) A petition under Subsection (1) shall:
(a) be filed:
(i) with the district court in the county of the county recorder who refused to record the document; and
(ii) within 10 days after the day on which the person who files the petition receives the notice under Subsection 38-9-202(1)(b) of the county recorder's refusal to record the document;
(b) state with specificity the grounds why the document should lawfully be recorded; and
(c) be supported by a sworn affidavit of the lien claimant.
(3) If the court finds the petition is insufficient, it may dismiss the petition without a hearing.
(4)
(a) If the court grants a hearing, the petitioner shall, by certified or registered mail, serve a copy of the petition, notice of hearing, and a copy of the court's order granting an expedited hearing on all record interest holders of the property sufficiently in advance of the hearing to enable any record interest holder to attend the hearing.
(b) Any record interest holder of the property has the right to attend and contest the petition.
(5)
(a) If, following a hearing, the court finds that the document may lawfully be recorded, the court shall issue an order directing the county recorder to accept the document for recording.
(b) If the petition is contested, the court may award costs and reasonable attorney fees to the prevailing party.
(6)
(a) A summary proceeding under this section:
(i) may only determine whether a contested document, on its face, shall be recorded by the county recorder; and
(ii) may not determine the truth of the content of the document or the property or legal rights of the parties beyond the necessary determination of whether the document shall be recorded.
(b) A court's grant or denial of a petition under this section may not restrict any other legal remedies of any party, including any right to injunctive relief pursuant to Rules of Civil Procedure, Rule 65A, Injunctions.
(7) If a petition under this section contains a claim for damages, the proceedings related to the claim for damages may not be expedited under this section.
Renumbered and Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 2 - Recording a Wrongful Lien › Section 205 - Petition to nullify lien -- Notice to lien claimant -- Summary relief -- Finding of wrongful lien -- Wrongful lien is void.

Effective 5/13/2014
38-9-205.
Petition to nullify lien -- Notice to lien claimant -- Summary relief -- Finding of wrongful lien -- Wrongful lien is void.
(1) A record interest holder of real property against which a wrongful lien is recorded may petition the district court in the county in which the document is recorded for summary relief to nullify the wrongful lien.
(2) The petition described in Subsection (1) shall state with specificity the claim that the lien is a wrongful lien and shall be supported by a sworn affidavit of the record interest holder.
(3)
(a) If the court finds the petition insufficient, the court may dismiss the petition without a hearing.
(b) If the court finds the petition is sufficient, the court shall schedule a hearing within 10 days to determine whether the document is a wrongful lien.
(c) The record interest holder shall serve a copy of the petition on the lien claimant and a copy of a notice of the hearing pursuant to Rules of Civil Procedure, Rule 4, Process.
(d) The lien claimant is entitled to attend and contest the petition.
(4) A summary proceeding under this section:
(a) may only determine whether a document is a wrongful lien; and
(b) may not determine any other property or legal rights of the parties or restrict other legal remedies of any party.
(5)
(a) If, following a hearing, the court determines that the recorded document is a wrongful lien, the court shall issue an order declaring the wrongful lien void ab initio, releasing the property from the lien, and awarding costs and reasonable attorney fees to the petitioner.
(b)
(i) The record interest holder may submit a certified copy of the order to the county recorder for recording.
(ii) The order shall contain a legal description of the real property.
(c) If the court determines that the claim of lien is valid, the court shall dismiss the petition and may award costs and reasonable attorney's fees to the lien claimant. The dismissal order shall contain a legal description of the real property. The prevailing lien claimant may record a certified copy of the dismissal order.
(6) If the court determines that the recorded document is a wrongful lien, the wrongful lien is void ab initio and provides no notice of claim or interest.
(7) If a petition under this section contains a claim for damages, the proceedings related to the claim for damages may not be expedited under this section.
Renumbered and Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 3 - Recording a Nonconsensual Common Law Document › Section 301 - Title.

Effective 5/13/2014
38-9-301.
Title.
This part is known as "Recording a Nonconsensual Common Law Document."
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 3 - Recording a Nonconsensual Common Law Document › Section 302 - Recording a nonconsensual common law document -- Procedure.

Effective 5/13/2014
38-9-302.
Recording a nonconsensual common law document -- Procedure.
(1) For a nonconsensual common law document recorded on or after May 13, 2014, within five business days after the day on which an individual submits a nonconsensual common law document to a county recorder for recording, the individual shall cause the sheriff to serve written notice of the recording of the nonconsensual common law document upon each affected person.
(2) A written notice described in Subsection (1) shall include:
(a) the name, address, and telephone number of the document sponsor;
(b) the date the nonconsensual common law document was recorded; and
(c) a copy of the nonconsensual common law document.
(3)
(a) No later than three business days after the day on which the sheriff serves the written notice described in Subsection (1), the sheriff shall submit proof of service to the county recorder for recording.
(b) The county recorder may not charge a fee for recording a proof of service under Subsection (3)(a).
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 3 - Recording a Nonconsensual Common Law Document › Section 303 - Enforcement proceeding required.

Effective 5/13/2014
38-9-303.
Enforcement proceeding required.
(1) For a nonconsensual common law document recorded on or after May 13, 2014, within 10 business days after the day on which a document sponsor submits a nonconsensual common law document to the county recorder for recording, the document sponsor shall file a complaint in district court in the county of the county recorder where the nonconsensual common law document was recorded for a proceeding to obtain an order that the nonconsensual common law document is valid and enforceable.
(2) A complaint to initiate a judicial proceeding described in Subsection (1) shall:
(a) state with specificity the grounds that make the nonconsensual common law document valid and enforceable;
(b) be supported by the document sponsor's sworn affidavit; and
(c) name each affected person as an opposing party.
(3) If the court finds that a complaint filed under Subsection (1) does not meet the requirements described in Subsection (2), the court may dismiss the complaint without a hearing.
(4) If a complaint filed under Subsection (1) meets the requirements described in Subsection (2), the court:
(a) shall hold a hearing;
(b) following the hearing, shall issue an order that:
(i) states whether the nonconsensual common law document is valid and enforceable; and
(ii) includes a legal description of the real property that is the subject of the complaint; and
(c) may award costs and reasonable attorney fees to the prevailing party.
(5) Within three business days after the day on which the court issues a final order in a proceeding under this section, the prevailing party shall submit a copy of the court's final order to the county recorder for recording.
(6) A nonconsensual common law document is presumed invalid and unenforceable.
(7) A person's lack of belief in the jurisdiction or authority of the state or of the government of the United States is not a defense to liability under this section.
(8) A court's order in a proceeding under this section does not restrict any other legal remedies available to any party, including any right to injunctive relief under Rules of Civil Procedure, Rule 65A, Injunctions.
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 3 - Recording a Nonconsensual Common Law Document › Section 304 - Civil liability -- Damages.

Effective 5/13/2014
38-9-304.
Civil liability -- Damages.
(1) If, under Section 38-9-303, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused by recording the nonconsensual common law document, costs, and reasonable attorney fees.
(2) A person who is liable under Subsection (1) for a nonconsensual common law document is jointly and severally liable with each other person who is liable for the nonconsensual common law document.
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9 - Wrongful Lien Act › Part 3 - Recording a Nonconsensual Common Law Document › Section 305 - Failure to comply -- Nonconsensual common law document void.

Effective 5/13/2014
38-9-305.
Failure to comply -- Nonconsensual common law document void.
A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not:
(1) comply with the notice requirements described in Section 38-9-302;
(2) comply with the judicial enforcement requirements described in Section 38-9-303; and
(3) prevail in a judicial enforcement proceeding under Section 38-9-303.
Enacted by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/13/2014
38-9a-102.
Definitions.
As used in this chapter, "wrongful lien" refers to a lien made in violation of Section 76-6-503.5, and includes:
(1) a wrongful lien as defined in Section 38-9-102; and
(2) a nonconsensual common law document as defined in Section 38-9-102.
Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 2 - Petition, Notice, Injunction, Hearings › Section 201 - Wrongful lien injunction -- Forms.

38-9a-201.
Wrongful lien injunction -- Forms.
(1)
(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
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 2 - Petition, Notice, Injunction, Hearings › Section 202 - Petition for wrongful lien injunction -- Ex parte injunction.

38-9a-202.
Petition for wrongful lien injunction -- Ex parte injunction.
(1) The petition for a civil wrongful lien injunction shall include:
(a) the name of the petitioner, except that at the petitioner's request his or her address shall be disclosed to the court for purposes of service, but may not be listed on the petition, and shall be maintained in a separate document or automated database, not subject to release, disclosure, or any form of public access except as ordered by the court for good cause shown;
(b) the name and address, if known, of the respondent;
(c) specific actions and dates of the actions constituting the alleged wrongful lien;
(d) if there is a prior court order concerning the same conduct, the name of the court in which the order was rendered; and
(e) corroborating evidence of a wrongful lien, which may be in the form of a police report, affidavit, record, statement, item, letter, copy of the lien, or any other evidence which tends to prove the allegation of wrongful lien.
(2) If the court determines there is reason to believe that a wrongful lien has been made, uttered, recorded, or filed, the court may issue an ex parte civil wrongful lien injunction that includes any of the following:
(a) enjoining the respondent from making, uttering, recording, or filing any further liens without specific permission of the court;
(b) ordering that the lien be nullified; and
(c) any other relief necessary or convenient for the protection of the petitioner and other specifically designated persons under the circumstances.
(3) An ex parte civil wrongful lien injunction issued under this section shall state on its face:
(a) that the respondent is entitled to a hearing, upon written request filed with the court within 10 days of the service of the injunction;
(b) the name and address of the district court where the request may be filed;
(c) that if the respondent fails to request a hearing within 10 days of service, the ex parte civil wrongful lien injunction is automatically modified to a civil wrongful lien injunction without further notice to the respondent and that the civil wrongful lien injunction expires three years after service on the respondent;
(d) the following statement: "Attention. This is an official court order. If you disobey this order, the court may find you in contempt. You may also be arrested and prosecuted for the crime of making a wrongful lien and any other crime you may have committed in disobeying this order."; and
(e) that if the respondent requests, in writing, a hearing after the ten-day period specified in Subsection (3)(a) the court shall set a hearing within a reasonable time from the date the hearing is requested.
(4) The ex parte civil wrongful lien injunction shall be served on the respondent within 90 days after the date it is signed, and is effective upon service.
Enacted by Chapter 93, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 2 - Petition, Notice, Injunction, Hearings › Section 203 - Hearing -- Court action.

38-9a-203.
Hearing -- Court action.
(1)
(a) A hearing requested by the respondent as allowed under Section 38-9a-202 shall be held within 10 days from the date the request is filed with the court, except as provided under Subsection (3).
(b) If the court finds compelling reasons to continue the hearing date, the hearing shall then be held at the earliest possible time.
(2) At the hearing the court may modify, revoke, or continue the injunction. The burden is on the petitioner to show by a preponderance of the evidence that the respondent has made, uttered, recorded, or filed a wrongful lien against the petitioner or the petitioner's property.
(3)
(a) If the respondent requests a hearing subsequent to the ten-day period after service, the court shall set a hearing within a reasonable time from the date requested.
(b) At the hearing, the burden is on the respondent to show good cause why the civil wrongful lien injunction should be nullified.
Enacted by Chapter 93, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 2 - Petition, Notice, Injunction, Hearings › Section 204 - Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction.

38-9a-204.
Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction.
(1) If the respondent does not request a hearing in writing within 10 days of service of the ex parte civil wrongful lien injunction under Section 38-9a-203, the injunction automatically becomes a civil wrongful lien injunction without further notice to the respondent and expires three years from the date of service.
(2) The civil wrongful lien injunction issued by the court shall include the following statement: "Attention. This is an official court order. If you disobey this order, the court may find you in contempt. You may also be arrested and prosecuted for the crime of making a wrongful 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 lien injunction is presumed to be a valid existing order of the court for a period of three years from the 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 are effective upon service on the respondent. The original ex parte civil wrongful lien injunction continues in effect until service of the changed or modified civil wrongful lien injunction on the respondent.
(b) The validity of the injunction under this Subsection (4) is determined in the same manner as prescribed in Subsection (3).
(5) The ex parte civil wrongful lien injunction or civil wrongful lien injunction may be dissolved 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 copy of the injunction issued by the court and one certified copy of the proof of service of the injunction on the respondent.
(b) Charges may be imposed by the clerk's office for any additional copies, whether or not certified, under the Utah Code of Judicial Administration, Rule 4-202.08.
Enacted by Chapter 93, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 9a - Wrongful Lien Injunctions › Part 2 - Petition, Notice, Injunction, Hearings › Section 205 - Remedies -- Actions arising from injunctions -- Attorney fees.

38-9a-205.
Remedies -- Actions arising from injunctions -- Attorney fees.
(1) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available.
(2) The district court shall hear and decide all matters arising pursuant to this chapter.
(3) After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney's fees.
Enacted by Chapter 93, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 101 - Definitions.

38-10-101.
Definitions.
As used in this chapter:
(1) "Contractor" means any person who, under contract with the owner or an operator designated by an owner, performs work upon or furnishes materials or equipment for any production unit.
(2) "Lien claimant" means contractors and subcontractors who claim a lien under this chapter.
(3) "Mine" means a mining claim, mineral deposit, ore deposit, quarry, or mining lease and any related shaft, tunnel, incline, drift, or excavation.
(4) "Owner" means a person holding any operating right, working interest, or interest in the legal or equitable title, to any real property, mine, oil lease, gas lease, well, or any combination of these, unless otherwise provided in this chapter.
(5) "Production unit" means:
(a) the drilling unit for a well established by lawful order or rule of the Board of Oil, Gas, and Mining in which the well is located; or if not applicable, 40 acres comprising the quarter-quarter section, or equivalent legal subdivision, in which the well is located; or
(b) a mine, and if work is performed upon or materials or equipment furnished to any part of the mine from which two or more mines are worked, the production unit shall extend to the owner's interest in the mines so worked.
(6) "Subcontractor" means any person, other than the contractor, who, under contract with a contractor or another subcontractor, performs work upon or furnishes materials or equipment for any production unit.
Amended by Chapter 203, 1990 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 102 - Those entitled to lien -- What may be attached -- Qualifying work, materials, equipment, and costs -- Liability of nonoperating owners.

38-10-102.
Those entitled to lien -- What may be attached -- Qualifying work, materials, equipment, and costs -- Liability of nonoperating owners.
(1) Contractors and subcontractors shall have a lien upon the interest of the owner in:
(a) the production unit and access rights appurtenant thereto;
(b) pipelines, including rights of way, buildings, wells, oil tanks, and appurtenances located on the land or leasehold within the production unit; and
(c) the ore, minerals, oil, gas, or associated substances in the ground, or while the same remain in storage on the production unit, which are attributable to the interest subject to the lien as the interest existed on the date work was first performed or materials or equipment were first furnished.
(2) The lien upon the interest of the owner in property described in Subsections (1)(a) through (c) shall be for the value of the work performed or materials or equipment furnished for:
(a) open pit work, field processing, construction, alteration, digging, drilling, driving, boring, operating, perforating, fracturing, testing, logging, acidizing, cementing, completion, repair, maintenance, prospecting, sampling, exploration, development, preservation, performing geophysical, geochemical, location, or assessment work, or related activities;
(b) work performed or materials or equipment furnished in accordance with a pooling order, or pursuant to an operating agreement, or other agreement governing joint mining, or oil, and gas operations;
(c) title services, designs, plats, plans, maps, specifications, drawings, estimates of cost, surveys, permitting, or regulatory compliance;
(d) foreclosure costs including publication, costs of sale, sheriff's fees, attorney's fees, and other costs of collection; and
(e) transportation and related mileage charges, for any work performed or materials or equipment furnished pursuant to Subsections (2)(a) through (d).
(3) For purposes of this section, the operator under a joint operating agreement, unit operating agreement, or other agreement granting one owner control of operations on the production unit shall not be considered to be the agent or contractor of the nonconsenting, nonoperating owners. The operator shall, however, have the lien granted under Subsection (1) upon the interest of all nonoperating owners for work performed, or materials or equipment furnished by the operator; and the nonoperating owners shall have the lien granted under Subsection (1) upon the interest of the operator for work performed, or materials or equipment furnished by third persons to the extent the nonoperating owners have paid or advanced funds to the operator for such work, materials, or equipment.
Amended by Chapter 203, 1990 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 102.1 - Perfection of lien -- Notice of subcontractor's claim -- Information required to be provided -- Payments to be held in trust.

38-10-102.1.
Perfection of lien -- Notice of subcontractor's claim -- Information required to be provided -- Payments to be held in trust.
(1)
(a) To perfect a lien a subcontractor must comply with the requirements of this section and Section 38-10-105.
(b) This section shall apply only to a subcontractor's claim or a portion of a claim for amounts more than $5,000, for work performed upon or materials or equipment furnished for each production unit.
(2) A subcontractor shall provide notice of a subcontractor's claim to the owner and operator designated by the owner within 20 days after the commencement of work or the furnishing of materials or equipment.
(3) The notice shall:
(a) be delivered, or mailed by certified mail, return receipt requested, to the:
(i) owner; and
(ii) operator designated by the owner;
(b) be considered delivered when deposited in the mail; and
(c) contain a statement setting forth the following information:
(i) identification of the lien claimant by full name, address, and telephone number;
(ii) the name of the person by whom he was employed or to whom he furnished material or equipment; and
(iii) a description of the property comprising the production unit.
(4) Failure to deliver or mail the notice shall discharge and satisfy the lien attaching to the interest of the owner to the extent the owner pays a contractor or operator his share of all, or part, of the lien claimant's agreed contract price.
(5)
(a) Any contractor or subcontractor shall provide, in writing, to each person with whom he contracts:
(i) the full name and address of the:
(A) owner of the production unit; and
(B) the operator designated by the owner; and
(ii) a description of the property comprising the production unit.
(b) Failure to provide the information required under this section within three days after the work is commenced or the materials and equipment are furnished shall entitle the claimant to an award of costs and attorneys' fees in an action against the person to enforce the contract.
(6) Any contractor, operator, or subcontractor who receives payment for work performed upon, or material or equipment furnished for any production unit, shall hold all payments in trust for the person with whom he contracts for work upon, or the furnishing of materials or equipment for the production unit, for any amount remaining unpaid under the contract.
Enacted by Chapter 203, 1990 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 103 - Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.

38-10-103.
Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
If a lien attaches to an interest in land:
(1) which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in the land does not impair any lien which attaches prior to termination as to the owner's continuing interest, if any, in appurtenances and fixtures previously located on the land; or
(2) which interest is contingent upon the happening of a condition subsequent, failure of the interest to ripen into legal title, or failure of the occurrence of the condition subsequent does not impair any lien as to the owner's continuing interest, if any, in appurtenances and fixtures located on the land to which the lien attached prior to the failure.
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 104 - Limitation of interests covered by lien.

38-10-104.
Limitation of interests covered by lien.
(1) If work is performed or materials or equipment are furnished to the owner of less than a fee interest, the lien granted by this chapter does not extend to the underlying fee interest, royalty interest, overriding royalty, net profits interest, production payment, or other nonpossessory interest, unless expressly provided for by contract with the owner of the nonpossessory interest.
(2) If work is performed for or materials or equipment furnished to an owner or part owner of only a portion of the acreage within the production unit, the lien granted by this chapter is limited to that portion of acreage.
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 105 - Notice of lien -- Recording -- Service on owner of interest -- Failure to serve notice -- Time of filing.

38-10-105.
Notice of lien -- Recording -- Service on owner of interest -- Failure to serve notice -- Time of filing.
(1) To perfect the lien provided by this chapter, a notice of lien as required by Subsection 38-1a-502(2) shall be filed with the county recorder in any county where any part of the land to which the lien may attach is situated. The notice of lien shall be filed within 180 days after the last day work was performed or materials or equipment were furnished by the lien claimant, except as provided in Subsection (3).
(2) Within 30 days after filing the notice of lien, the lien claimant shall deliver or mail a copy of the notice by certified mail, return receipt requested, to the owner of the interest liened. If the owner's current address is not readily available, a copy of the notice may be mailed to the last-known address of the owner, as shown by the records of the county recorder in any county where the land is situated. Failure to deliver or mail the notice of lien to the owner shall not cause the lien to be void but precludes the lien claimant from an award of costs and attorney fees against the owner in an action to enforce the lien.
(3) The notice of lien by a nonoperating owner pursuant to Subsection 38-10-102(3) shall be filed within 60 days after receipt by such owner of a notice of lien claim filed by a lien claimant with respect to work performed or materials or equipment furnished by the lien claimant for which such owner has paid or advanced funds to a contractor or operator.
Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 106 - Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.

38-10-106.
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.
(1) Actions to enforce the liens created by this chapter shall be commenced within 180 days after the filing of the notice of lien required by Section 38-10-105. The lien claimant shall, within 10 working days after commencement of the action, file a notice of the pendency of the action with the county recorder of each county in which the lien is recorded or the lien shall be void, except as to persons who have been served and made parties to the action. Nothing in this chapter shall be construed to impair or affect the right of any person to whom a debt may be due for any work performed or materials or equipment furnished to maintain an action to recover the debt.
(2) In any action to enforce a lien under this chapter, the provisions of Sections 38-1a-702 and 38-1a-705 apply.
(3) Upon the entry of a judgment foreclosing the lien, execution on an interest shall be governed as follows:
(a) upon real property by Section 38-1a-704; and
(b) upon personalty by the Utah Rules of Civil Procedure.
Amended by Chapter 278, 2012 General Session