Current through 2024 First Special Session
Section 38-16-501 - Liability(a) A person may not make, present, or use a document or other record with: (1) Knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;(2) Intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and(3) Intent to cause another person to suffer: (C) Mental anguish or emotional distress.(b) A person who violates subsection (a) is liable to each injured person for: (1) The greater of: (B) The actual damages caused by the violation;(3) Reasonable attorney's fees; and(4) Exemplary damages in an amount determined by the court.