38-1-25.   Abuse of lien right -- Penalty.
     (1) Any person entitled to record or file a lien under Section 38-1-3 is guilty of a class B misdemeanor who intentionally causes a claim of lien against any property containing a greater demand than the sum due to be recorded or filed:
     (a) with the intent to cloud the title;
     (b) to exact from the owner or person liable by means of the excessive claim of lien more than is due; or
     (c) to procure any unjustified advantage or benefit.
     (2) In addition to any criminal penalties under Subsection (1), a person who violates Subsection (1) is liable to the owner of the property or an original contractor or subcontractor who is affected by the lien for the greater of:
     (a) twice the amount by which the abusive lien exceeds the amount actually due; or
     (b) the actual damages incurred by the owner of the property.

Amended by Chapter 332, 2007 General Session
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Last revised: Wednesday, July 23, 2008