Utah Code § 38-3 § 38-3-7

Release of attachment -- Bond.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026UtahLease Requirements

Operative Text

Utah Code § 38-3 § 38-3-7
Release of attachment -- Bond.

A bond for the release of the attached property may be given, and motion to discharge the attachment may be made, as provided in the Code of Civil Procedure in cases of attachment.
Source: Legislative text reproduced verbatim
Plain English

Utah Code Ann. § 38-3-7 establishes a mechanism by which property that has been attached under a landlord's lien claim can be released before the underlying dispute is resolved. Under this provision, the party whose property was attached may post a bond as a substitute security, and may also bring a formal motion to discharge the attachment, following the procedures set out in Utah's Code of Civil Procedure for attachment cases. The attachment is not necessarily permanent once it is placed; the civil procedure rules govern how and when it can be lifted.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Utah Code Ann. § 38-3-7, landlords who have obtained an attachment on a tenant's property as part of a lien enforcement action should be aware that the tenant has a procedural right to seek release of that attachment. A compliant operator understands that the attachment may be discharged if the tenant posts an adequate bond or successfully moves to discharge it under the Code of Civil Procedure. Landlords generally maintain documentation supporting the validity of the underlying lien claim in anticipation of any such challenge.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Utah Code Ann. § 38-3-7 gives tenants whose property has been attached a recognized path to seek its release without waiting for the full dispute to conclude. A tenant may post a bond as substitute security for the attached property, or may file a motion to discharge the attachment, both of which follow the procedures outlined in Utah's Code of Civil Procedure for attachment proceedings. Tenants facing an attachment may wish to consult a tenant-rights organization or legal aid provider to understand which procedural options are available under the civil procedure rules.

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

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Utah Code § 38-3
Utah Code § 38-3
Utah Code § 38-3-2

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 16, 2026, 09:55 AM UTC