Utah § 38-9-204 - Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.
Full text of Utah Utah Code § 38-9-204 — Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition., with citation guidance and answers to common questions.
§ 38-9-204. Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.
Effective 7/1/2024 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 a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an expedited determination that the lien may be recorded.
(2)
A petition under Subsection (1) shall:
(a)
be filed:
(i)
notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, in the county of the county recorder who refused to record the document if the petition is filed in the district court; 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.
Section 38-9-204 ("Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 38-9-204?
A common citation format is "Utah Code § 38-9-204" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 38-9-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
