Utah § 38-9-203 - Civil liability for recording wrongful lien -- Damages.

Full text of Utah Utah Code § 38-9-203 — Civil liability for recording wrongful lien -- Damages., with citation guidance and answers to common questions.

§ 38-9-203. 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

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 38-9-203

What does Utah Code § 38-9-203 cover?

Section 38-9-203 ("Civil liability for recording wrongful lien -- Damages.") 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 § 38-9-203?

A common citation format is "Utah Code § 38-9-203" (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 § 38-9-203 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.