(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits wrongfully issued writ of attachment by a justice court judge if the actor:
(a) is a justice court judge; and
(b) issues a writ of attachment in an action, suit, or proceeding:
(i) before the affidavit is filed; or
(ii) in which the affidavit filed does not conform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) In addition to the penalty under Subsection (3), an actor is liable to the person whose property, credits, money, or earnings are attached for:
(a) double the value of the attached property;
(b) all costs paid by the person; and
(c) all damages incurred in the attachment proceedings.