Utah Code » Title 38, Chapter 9 — Wrongful Lien Act; part 38-9-2 — Recording a Wrongful Lien
Utah Code

Utah Code § 38-9-203 (2026)

Civil liability for recording wrongful lien -- Damages

✓ current as of May 2026
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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.
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.
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:
is a wrongful lien;
is groundless; or
contains a material misstatement or false claim.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2017–2023 · leading case: Lindstrom v. Custom Floor Covering Inc., 2017 UT App 141 (Utah Ct. App. 2017).
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Lindstrom v. Custom Floor Covering Inc., 2017 UT App 141 (Utah Ct. App. 2017). · cites it 5× “Utah Code Ann. § 38-9-203 (1). Subsection (2) provides: 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…”
Fernwood Place v. Layton Partners Holdings, 2023 UT App 43 (Utah Ct. App. 2023). · cites it 7× “But Fernwood’s memorandum opposing the motion to dismiss is unambiguous in asserting that the only cause of action is under that act, going so far as to cite Utah Code section 38-9-203 as the source of the cause of action.”
Dahl v. Christensen, 2020 UT App 151 (Utah Ct. App. 2020). · cites it 2× “(…continued) when it was recorded and that he was therefore liable for statutory damages and attorney fees pursuant to Utah Code section 38-9-203(3)(a)–(b). Because we reverse the district court’s determination that the lien was wrongful and vacate the judgment, we have no need…”
Medesimo Tempo v. Skull Valley Health Care (D. Utah 2022). · cites it 2× “§ 38-9-102 (12) (defining “wrongful lien”), and Utah Code Ann. § 38-9-203 , 205 (statutory mechanism for bringing petition to release a wrongful lien)).”
Utah Code § 38-9-203(1): 1 case
Fernwood Place v. Layton Partners Holdings, 2023 UT App 43 (Utah Ct. App. 2023). “But Fernwood’s memorandum opposing the motion to dismiss is unambiguous in asserting that the only cause of action is under that act, going so far as to cite Utah Code section 38-9-203 as the source of the cause of action.”
Utah Code § 38-9-203(2): 1 case
Lindstrom v. Custom Floor Covering Inc., 2017 UT App 141 (Utah Ct. App. 2017). “Utah Code Ann. § 38-9-203 (1). Subsection (2) provides: 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…”
Utah Code § 38-9-203(3): 1 case
Fernwood Place v. Layton Partners Holdings, 2023 UT App 43 (Utah Ct. App. 2023). “But Fernwood’s memorandum opposing the motion to dismiss is unambiguous in asserting that the only cause of action is under that act, going so far as to cite Utah Code section 38-9-203 as the source of the cause of action.”
Utah Code § 38-9-203(3)(a): 1 case
Dahl v. Christensen, 2020 UT App 151 (Utah Ct. App. 2020). “(…continued) when it was recorded and that he was therefore liable for statutory damages and attorney fees pursuant to Utah Code section 38-9-203(3)(a)–(b). Because we reverse the district court’s determination that the lien was wrongful and vacate the judgment, we have no need…”
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