Utah Code § 38-3 § 38-3-5
When attachment will issue -- Determination of priorities.
Operative Text
When attachment will issue -- Determination of priorities. Upon the filing of such complaint, affidavit and bond it shall be the duty of the court wherein the same are filed to issue a writ of attachment to the proper officer, commanding the officer to seize the property of the defendant subject to such lien, or so much thereof as will satisfy the demand, and to make a determination of the priorities of the claims, liens, and security interests in such property.
Utah Code Ann. § 38-3-5 governs the court's role once a landlord or other lienholder files the required complaint, affidavit, and bond in a lien-enforcement action. At that point, the court is obligated to issue a writ of attachment directing an officer to seize enough of the defendant's property to satisfy the claimed debt. The court must also sort out the order of priority among any competing claims, liens, and security interests attached to that property.
Plain English — not legal advice.
Under Utah Code Ann. § 38-3-5, a landlord pursuing a lien claim must first properly file the complaint, affidavit, and bond before the court's attachment obligation is triggered. Operators who maintain thorough documentation of the debt owed and any existing encumbrances on the tenant's property are generally better positioned when the court undertakes its priority determination. Consulting a licensed Utah attorney familiar with lien-enforcement procedures is a common step for landlords navigating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 38-3-5 means that once a landlord or lienholder completes the required filings, a court can order the seizure of property you own that is subject to the lien. Tenants facing such an action have the right to appear in the proceeding and may raise defenses regarding the validity of the lien or the priority of competing interests in the property. Reaching out to a tenant-rights organization or legal aid office in Utah can help you understand the options generally available to defendants in attachment proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation