38-9-6 - Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-38 > Chapter-09 > 38-9-6

38-9-6. Petition to file lien -- Notice to record interest holders -- Summary relief --Contested petition.
(1) A lien claimant whose document is rejected pursuant to Section 38-9-3 may petitionthe district court in the county in which the document was rejected for an expediteddetermination that the lien may be recorded or filed.
(2) (a) The petition shall be filed with the district court within 10 days of the date noticeis received of the rejection and shall state with specificity the grounds why the document shouldlawfully be recorded or filed.
(b) The petition shall be supported by a sworn affidavit of the lien claimant.
(c) If the court finds the petition is insufficient, it may dismiss the petition without ahearing.
(d) If the court grants a hearing, the petitioner shall serve a copy of the petition, notice ofhearing, and a copy of the court's order granting an expedited hearing on all record interestholders of the property sufficiently in advance of the hearing to enable any record interest holderto attend the hearing and service shall be accomplished by certified or registered mail.
(e) Any record interest holder of the property has the right to attend and contest thepetition.
(3) Following a hearing on the matter, if the court finds that the document may lawfullybe recorded, it shall issue an order directing the county recorder to accept the document forrecording. If the petition is contested, the court may award costs and reasonable attorney's fees tothe prevailing party.
(4) A summary proceeding under this section is only to determine whether or not acontested document, on its face, shall be recorded by the county recorder. The proceeding maynot determine the truth of the content of the document nor the property or legal rights of theparties beyond the necessary determination of whether or not the document shall be recorded. The court's grant or denial of the petition under this section may not restrict any other legalremedies of any party, including any right to injunctive relief pursuant to Rules of CivilProcedure, Rule 65A, Injunctions.
(5) If the petition contains a claim for damages, the damage proceedings may not beexpedited under this section.

Enacted by Chapter 125, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-38 > Chapter-09 > 38-9-6

38-9-6. Petition to file lien -- Notice to record interest holders -- Summary relief --Contested petition.
(1) A lien claimant whose document is rejected pursuant to Section 38-9-3 may petitionthe district court in the county in which the document was rejected for an expediteddetermination that the lien may be recorded or filed.
(2) (a) The petition shall be filed with the district court within 10 days of the date noticeis received of the rejection and shall state with specificity the grounds why the document shouldlawfully be recorded or filed.
(b) The petition shall be supported by a sworn affidavit of the lien claimant.
(c) If the court finds the petition is insufficient, it may dismiss the petition without ahearing.
(d) If the court grants a hearing, the petitioner shall serve a copy of the petition, notice ofhearing, and a copy of the court's order granting an expedited hearing on all record interestholders of the property sufficiently in advance of the hearing to enable any record interest holderto attend the hearing and service shall be accomplished by certified or registered mail.
(e) Any record interest holder of the property has the right to attend and contest thepetition.
(3) Following a hearing on the matter, if the court finds that the document may lawfullybe recorded, it shall issue an order directing the county recorder to accept the document forrecording. If the petition is contested, the court may award costs and reasonable attorney's fees tothe prevailing party.
(4) A summary proceeding under this section is only to determine whether or not acontested document, on its face, shall be recorded by the county recorder. The proceeding maynot determine the truth of the content of the document nor the property or legal rights of theparties beyond the necessary determination of whether or not the document shall be recorded. The court's grant or denial of the petition under this section may not restrict any other legalremedies of any party, including any right to injunctive relief pursuant to Rules of CivilProcedure, Rule 65A, Injunctions.
(5) If the petition contains a claim for damages, the damage proceedings may not beexpedited under this section.

Enacted by Chapter 125, 1997 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-38 > Chapter-09 > 38-9-6

38-9-6. Petition to file lien -- Notice to record interest holders -- Summary relief --Contested petition.
(1) A lien claimant whose document is rejected pursuant to Section 38-9-3 may petitionthe district court in the county in which the document was rejected for an expediteddetermination that the lien may be recorded or filed.
(2) (a) The petition shall be filed with the district court within 10 days of the date noticeis received of the rejection and shall state with specificity the grounds why the document shouldlawfully be recorded or filed.
(b) The petition shall be supported by a sworn affidavit of the lien claimant.
(c) If the court finds the petition is insufficient, it may dismiss the petition without ahearing.
(d) If the court grants a hearing, the petitioner shall serve a copy of the petition, notice ofhearing, and a copy of the court's order granting an expedited hearing on all record interestholders of the property sufficiently in advance of the hearing to enable any record interest holderto attend the hearing and service shall be accomplished by certified or registered mail.
(e) Any record interest holder of the property has the right to attend and contest thepetition.
(3) Following a hearing on the matter, if the court finds that the document may lawfullybe recorded, it shall issue an order directing the county recorder to accept the document forrecording. If the petition is contested, the court may award costs and reasonable attorney's fees tothe prevailing party.
(4) A summary proceeding under this section is only to determine whether or not acontested document, on its face, shall be recorded by the county recorder. The proceeding maynot determine the truth of the content of the document nor the property or legal rights of theparties beyond the necessary determination of whether or not the document shall be recorded. The court's grant or denial of the petition under this section may not restrict any other legalremedies of any party, including any right to injunctive relief pursuant to Rules of CivilProcedure, Rule 65A, Injunctions.
(5) If the petition contains a claim for damages, the damage proceedings may not beexpedited under this section.

Enacted by Chapter 125, 1997 General Session