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. […]
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 […]
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), […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]