What Debt Collectors Can (and Can't) Do in Utah: Your Legal Rights
Debt collectors in Utah must follow strict rules. You can demand validation, stop contact, and fight back if they violate the law.
Know Your RightsYou missed a payment. Now your phone rings eight times a day, messages pile up, and a lawsuit notice sits on your counter. Debt collectors in Utah operate under both federal law and state-specific rules. Know those rules, and you shift the power back to your side.
When Debt Collectors Can (and Cannot) Contact You in Utah
Federal law sets the baseline: debt collectors can call between 8 a.m. And 9 p.m. In your time zone. Utah follows these hours. They cannot call before sunrise or after you've gone to bed. If they do, document it. That violation matters.
Collectors can also email, text, send letters, or message you on social media. But they must identify themselves as debt collectors in the first message. If they pose as a friend or hide their identity, report them to the Consumer Financial Protection Bureau (CFPB).
They cannot contact you at work if you tell them your employer prohibits personal calls. Once you notify them, they must stop. Same goes for contact with family members or neighbors. Collectors can call them only to get your phone number or address, and they cannot reveal your debt.
Stop the Calls With a Cease and Desist Letter
You can tell a debt collector to stop contacting you. Period. Send a cease and desist letter via certified mail, and they must stop all communication except to confirm receipt or notify you of a specific action, like filing a lawsuit.
The debt does not vanish when you send this letter. The collector can still sue you. But the phone calls and texts end. If they violate the cease and desist, you have grounds to sue them under the Fair Debt Collection Practices Act (FDCPA).
Debt Validation: Make Them Prove You Owe the Money
Debt collectors often buy old accounts in bulk. Sometimes they buy the wrong account, or they inflate the balance with bogus fees. You do not have to take their word for it.
Within five days of first contacting you, the collector must send a written notice that includes the creditor's name, the amount owed, and a statement that you have 30 days to dispute the debt. If they skip this step, report them.
If you dispute the debt in writing within those 30 days, the collector must stop all collection activity until they mail you verification. Verification means documents: a copy of the original contract, an itemized statement of charges, and proof that they own the debt. If they cannot provide this, they cannot collect.
Send your dispute letter via certified mail. Keep a copy. If they sue you later, that letter becomes evidence.
How Long Can Debt Collectors Pursue You in Utah?
Utah sets a statute of limitations on most debts. Once that clock runs out, collectors cannot sue you. They can still ask for payment, but they cannot take you to court.
For most consumer debts in Utah, the statute of limitations is:
- Written contracts (credit cards, personal loans): 6 years
- Oral contracts (verbal agreements): 4 years
- Promissory notes: 6 years
- Open accounts: 4 years
The clock starts on the date of your last payment or the date you defaulted, whichever is later. If a collector contacts you about a seven-year-old credit card debt, you can raise the statute of limitations as a defense if they sue.
But be careful. If you make a payment or even acknowledge the debt in writing, you may reset the clock. If a collector asks you to confirm old debt, do not respond until you verify the date of last activity.
What Happens If a Debt Collector Sues You in Utah
Collectors sue when they believe you will not respond. If they win by default, they get a judgment. That judgment lets them garnish your wages, freeze your bank account, or place a lien on your property.
You have 21 days to respond after being served with a lawsuit in Utah. That response is called an Answer. It is a legal document where you admit, deny, or state you lack knowledge of each claim. You can also raise defenses, like the statute of limitations or incorrect debt amount.
If you ignore the lawsuit, the collector wins automatically. If you respond, you force them to prove their case. Many debt buyers cannot prove it. They lack the original contract, the payment history, or the assignment chain showing they own the debt.
If the thought of drafting an Answer overwhelms you, talk to a consumer rights attorney or bankruptcy lawyer. Many offer free consultations. Some will handle the case for a flat fee or on contingency if the collector violated the law.
Wage Garnishment Limits in Utah
If a collector wins a judgment, they can garnish your wages. But Utah law caps how much they can take.
Federal law limits garnishment to 25% of your disposable earnings or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less. Utah follows these protections.
Certain income is exempt from garnishment altogether, including Social Security benefits, disability payments, unemployment benefits, and workers' compensation. If a collector tries to garnish exempt income, file an objection with the court immediately.
When Bankruptcy Stops Debt Collection in Its Tracks
If your debt load is crushing and collectors are piling on, bankruptcy may be the fastest way to stop it all. The moment you file, an automatic stay goes into effect. Collectors must stop calling, lawsuits freeze, and wage garnishments halt.
Chapter 7 bankruptcy wipes out most unsecured debts in about four months. Chapter 13 lets you repay debts over three to five years at an amount you can afford, often for pennies on the dollar.
Bankruptcy is not right for everyone, but it is a legal tool designed to give you a fresh start. If you are dodging lawsuits and drowning in collection calls, find out if bankruptcy makes sense for your situation.
How to Fight Back Against Abusive Debt Collectors
Debt collectors break the law more often than you think. If they violate the FDCPA, you can sue them. You may recover up to $1,000 in statutory damages, plus actual damages for stress or lost wages, plus attorney fees. Many consumer lawyers take these cases on contingency, meaning you pay nothing unless you win.
Common violations include:
- Calling before 8 a.m. Or after 9 p.m.
- Calling you at work after you told them to stop
- Threatening arrest or legal action they cannot take
- Revealing your debt to third parties
- Continuing to contact you after you sent a cease and desist letter
- Reporting incorrect information to credit bureaus
Keep records. Save voicemails. Screenshot text messages. Write down names, dates, and what was said. Utah is a one-party consent state, which means you can legally record phone calls without telling the other person. If a collector threatens you, record it.
Dealing With Zombie Debt
Zombie debt is old debt that collectors revive after the statute of limitations has expired. They buy these debts for pennies and hope you do not know your rights. If you make a payment or sign anything, you may restart the clock.
If a collector contacts you about a debt older than six years, ask for written verification. Check the date of last activity. If it is past the statute of limitations, send a letter stating the debt is time-barred and you will not pay it. They can still ask, but they cannot sue. If they threaten to sue anyway, report them.
Credit Reporting and Utah Debt Collection
Debt collectors can report your debt to credit bureaus, but they must report it accurately. If they report incorrect amounts, wrong dates, or mark a debt as unpaid after you settled it, dispute the error.
Under the Fair Credit Reporting Act (FCRA), you can dispute inaccurate information directly with the credit bureau. The bureau must investigate within 30 days. If the collector cannot verify the debt, the bureau must remove it.
Most negative items fall off your credit report after seven years from the date of first delinquency. Paid collections and unpaid collections both stay for seven years. The only difference is the status. Paying a collection does not remove it, but it may help your credit score slightly.
The Bottom Line
Debt collectors in Utah must follow rules. You have the right to validation, the right to cease communication, and the right to fight back if they break the law. If they sue you, respond. If they harass you, document it. If your debt load is unmanageable, bankruptcy may be the reset you need.