How to Respond to a Utah Summons for Debt (2025 Guide)

Getting sued for debt feels overwhelming. If the debt collector wins, they can garnish your wages or access your bank account. You can avoid this by responding before the deadline runs out.

This guide makes the process easier. You’ll learn what you need to respond to a debt lawsuit in Utah.

You Have 21 Days to File Your Answer in Utah

You’re being sued when you receive court documents in the mail. These documents are called the Summons and Complaint. A process server may also deliver them to you.

The Summons notifies you of the lawsuit and identifies all parties involved. The Complaint lists the specific claims made against you.

Rule 12(a) of Utah Rules of Civil Procedure sets your deadline. You have 21 days after receiving the Summons and Complaint to file your Answer. Thirty days if you were served outside Utah.

Responding with an Answer is usually your best first step.

Follow These Three Steps to Respond

With the 21-day deadline in mind, take action now. Follow these three steps:

1. Answer each claim listed in the Complaint document.
2. Assert your affirmative defenses.
3. File the Answer with the court and serve the plaintiff.

Step 1: Answer Each Claim From the Complaint

Answering a Complaint is simpler than you think. Read the Complaint carefully and decide how to respond to each numbered claim.

You can respond with one of three options:

• Admit – This means “This is true.”
• Deny – This means “Prove it.”
• Deny due to lack of knowledge – This means “I don’t know.”

Most attorneys suggest you deny as many claims as possible. The burden of proof is on the plaintiff in debt lawsuits. When you deny a claim, the plaintiff must submit evidence proving their case.

If they can’t prove their claims, they’ll likely dismiss the case.

Step 2: Assert Your Affirmative Defenses

After responding to each claim, assert your affirmative defenses. An affirmative defense is any reason the plaintiff should lose, even if their claims are true.

Common affirmative defenses for debt collection cases include:

• The account with the debt isn’t yours.
• The contract was already canceled.
• The statute of limitations has expired (six years in Utah).
• The debt was paid or excused.
• The debt was partially paid.
• You were a co-signer but weren’t informed of your rights.

These are examples of defenses courts accept. Being unable to pay the debt is not a legal defense.

Step 3: File the Answer and Serve the Plaintiff

After drafting your Answer, file it with the court. If you don’t have an attorney, Utah courts require filing by mail or in person.

Here’s what to do:

• Print two copies of your Answer.
• Mail one copy to the court.
• Mail the other copy to the plaintiff’s attorney.

Find the addresses in your Summons and Complaint. The attorney’s address appears on the top left of the first page. The court’s address appears in the first two paragraphs.

No Filing Fees Required in Utah

Utah doesn’t charge fees to file an Answer to a debt lawsuit. You’re fortunate in this regard.

However, other filing fees may apply if you file additional documents. For example, filing a counterclaim against the debt collector requires a fee.

Use These Forms to Draft Your Answer

The easiest way to draft an Answer is through our partner Solo, which takes minutes to complete online. You answer questions about your Utah debt lawsuit, and the software generates a personalized Answer document ready to file.

Utah’s judicial branch website also provides Answer forms. These are harder to fill out because they’re not automated. You must manually add responses and ensure proper legal language. Solo’s Answer form includes proper legal language and formatting automatically.

Watch Out for Debt Collector Tricks

Debt collectors sometimes use questionable tactics to ensure you lose.

Legalese: Lawyers use complicated words like defendant, plaintiff, hereby, and herein to confuse you. They mostly use this language as intimidation. It isn’t legally required to communicate this way.

Search difficult legal terms on Google. Most words you don’t recognize will show a “Law” or “Archaic” tag.

Serving you before filing: Some debt collectors serve you first, then file the case 10 days later. Your Summons won’t have a case number yet, making it harder to find details.

According to Utah’s Rules of Civil Procedure, Rule 3(a), this isn’t illegal. But it makes the process trickier when you don’t know the legal system.

Wait 10 days after receiving the Summons to ask for your case number. Call the court or visit the courthouse. Once you have your case number, file your Answer quickly.

Utah Debt Collection Laws Protect Your Rights

Utah debt collection laws protect you from harassment and abuse. These laws govern all aspects of debt collection.

• Limits excessive communication: Debt collectors can call, email, send letters, and contact you via social media. But limits exist under 15 U.S. Code § 1692c. They can’t contact you multiple times daily about the same debt. They must stop contacting you directly if you send a Cease and Desist letter. You can legally record debt collection calls in Utah to gather harassment evidence.
• Handling lawsuits: Debt collection lawsuits give creditors alternative collection means. You have 21 days to respond to a lawsuit. That provision allows you reasonable time to defend yourself under Utah Rule of Civil Procedure 12a.
• Wage garnishment: A judgment creditor can garnish wages to recover money. Utah Code Section 78B-2-311 allows collection on a judgment for eight years. Some of your earnings are exempt from garnishment.
• Statutes of limitations: Once the statute of limitations passes, creditors can’t sue you. They have up to six years since you last made payments on most debts.

Understanding these laws can relieve pressure and help you get out of debt.

Utah’s Statute of Limitations on Debt Explained

You may not have to pay that old debt after all. The statute of limitations limits how long creditors can pursue legal solutions. The point is that evidence gets lost or obscured with time. Allowing such lawsuits would be unfair.

How Long Is the Statute in Utah?

The Utah statute of limitations on debt is typically six years. Different deadlines apply to different contract types:

Statute of Limitations on Debt in Utah

Some contracts may allow different laws to apply. Many credit card agreements include a “choice of law” provision that designates a particular state law for disputes.

When Does the Clock Start?

In most instances, the clock starts when a contract is breached. For unpaid credit card debt, the breach date can be the last payment date or latest charge date, whichever is later.

Certain contract conditions may trigger a breach. For example, if an auto loan requires maintaining insurance, a breach happens when insurance lapses.

Warning: You can unwittingly reset the clock on old debts. Creditors know this and may ask you to make a small payment or sign written acknowledgment. Your acknowledgment revives the debt and resets the statute of limitations clock.

Utah’s Borrowing Statute

Utah has two applicable laws: a general statute of limitations and a statute based on Utah’s “borrowing statute” in Section 78B-2-103.

According to this statute, any “cause of action which arises in another jurisdiction” that is time-barred by that state’s statute is also time-barred in Utah.

What If You’re Sued After the Statute Expires?

Don’t ignore the lawsuit if sued for an old debt. File a response and list the passed statute of limitations as a defense.

Filing a time-barred debt collection lawsuit violates the Fair Debt Collection Practices Act (FDCPA). You may seek actual or statutory compensation for each breach.

How to Settle Your Debt in Utah

You can settle a debt for less at any point during collection. Settling becomes crucial when dealing with a lawsuit. Resolving out of court saves you court hearings, time, and money.

First, Respond by Filing an Answer

For every lawsuit filed against you, you’ll receive a Summons and Complaint. You should file a response acknowledging receipt and asserting your defenses.

Responding is necessary even if you hope to settle. The plaintiff receives a copy of your response and may agree to settlement if they see they can’t break your defense. Additionally, it protects you if negotiations fail.

If served within Utah, you have 21 days to respond. Beat the deadline to ensure your response is admissible.

Next, Make an Offer to Start Negotiations

Settling debt works best if you can make a lump sum payment. Raise a considerable percentage of the balance before approaching creditors. Determine how much you’ve saved and if you can increase that amount.

Creditors take your offer seriously if you start around 60%. Most accept 71% settlement, but they may take slightly less if you prove it’s a good deal.

Expect several rounds of negotiations. Only accept what you can afford to pay by the set date. Missed payments destroy creditors’ trust and they’ll likely prefer legal solutions.

Third, Get a Written Settlement Agreement

Before paying, ensure you have the agreement in writing. A debt settlement agreement is legally binding, so creditors must respect it. Without a written document, they can go back on their word.

The agreement should capture all essential facts. Our partner Solo can help you draft proper settlement agreements.

Stop Wage Garnishment in Utah

A court might order wage garnishment if you’re late on debt repayment. UT Code § 70C-7-103 permits creditors to garnish up to 25% of your disposable earnings.

Disposable income is what you have left after taxes and mandatory deductions. Wage garnishment may apply if you don’t pay child support, taxes, or consumer debt.

How to Stop Garnishment

Even after garnishment starts, you have ways to stop it:

• Talk to the creditor. Negotiation is always possible. Your creditor may allow you to pay the debt in full to stop garnishing your paycheck.
• Request a hearing. You can file a request with the court within ten days of receiving notice to contest garnishment.
• File a claim for exemptions. Some income is exempt from garnishment. You may file for exemptions if someone takes money from supplemental security income, public assistance benefits, Worker’s Compensation, veterans benefits, Social Security benefits, or unemployment compensation.
• File for bankruptcy. Bankruptcy triggers an automatic stay on wage garnishment and other collection actions.

You can prevent wage garnishment with debt settlement. Our partner Solo helps you negotiate and respond to lawsuits before garnishment begins.

Avoid Default Judgment by Responding

In Utah, over 50 percent of all cases are for debt collection. About 54,000 cases annually. So if you’re being sued, you aren’t alone.

In about 90% of these cases, debtors automatically lose because they never filed an Answer. Losing by default judgment happens when you don’t respond.

Consumers don’t file answers because they believe they need an attorney and can’t afford one. They believe courts are difficult to navigate without legal experience.

These assumptions are incorrect. You can represent yourself without hiring a lawyer or navigating courts alone. Our partner Solo has served over 250,000 consumers who represented themselves successfully.

Utah collection agencies expect to win automatically because consumers don’t understand the legal process. Don’t let them win that easily. Fight back by filing your Answer on time.

File a Motion to Satisfy Judgment

If you lose a debt collection lawsuit, the judgment creditor will find ways to collect. They may garnish your wages or place liens on your bank accounts.

Satisfaction of judgment means the debtor has paid or resolved all debts. The court no longer has obligations over the parties.

Once you complete the repayment plan, you need a certificate of satisfaction. Filing a Motion to Satisfy Judgment obtains this certificate.

The creditor should file acknowledgment telling the court you’ve satisfied your obligations. If they don’t, you file the Motion to Satisfy Judgment.

You’ll need to file three separate documents:

• Debtor’s Motion to Declare the Judgment Satisfied
• Request to Submit for Decision
• Findings of Fact, Conclusions of Law, and Order on Debtor’s Motion

Present the certificate in the appropriate court. If a judgment has been filed in any other court, file proof of satisfaction there as well.

Resolving a judgment debt feels great. File certification with the court to end its involvement in the case.

Find Debt Relief in Utah

Missing credit payments can take your account to collections. The collection agent will use every means to recover what you owe.

Debt collection is unsettling. Missed payments go on your report and damage your credit score. Unscheduled collection calls and constant reminders bombard your life.

Seeking debt relief in Utah helps you achieve one or more of the following:

• Catch up on repayment
• Reduce the amount of debt
• Get rid of the debt
• Get lower interest rates
• Access financial assistance for daily needs
• Get debts discharged in bankruptcy

Utah Debt Relief Programs

Utah provides financial assistance for consumers in serious financial difficulties. Check whether you qualify for these programs:

• Homeless Prevention Program
• Family Employment Program
• General Assistance
• Kids In Care
• Supplemental Nutrition Assistance Program (SNAP)
• ABLE Program
• Private Student Loan Relief

Debt Relief Options

If you don’t qualify for financial assistance programs, consider other debt relief options. Your short-term goal is making your situation more manageable.

• Pay minimum amounts: If you’re servicing several accounts, review how much money you’ve assigned to each debt. Make minimum repayments to each account to avoid delinquency.
• Debt settlement: Debt settlement can reduce the principal amount and lower interest. Creditors generally accept 71% to settle an account. You may negotiate yourself or hire a debt settlement company.
• Credit counseling: Utah residents have access to free credit management programs. Our partner Cambridge Credit Counseling can help you create a payment plan and negotiate lower interest rates.
• Debt consolidation: Consolidation works for consumers with steady income. The new loan must have lower interest rates to save you money.
• File for bankruptcy: Declaring bankruptcy halts collections. Once approved, it can relieve consumers of some or all unsecured consumer debts.

Gyms Can Sue You for Unpaid Memberships

Can gyms send you to collections? Can they sue you for not paying? Yes, absolutely.

Example: Scott owes a year’s worth of gym membership payments. The gym tries collecting for another year without success. The gym sells the debt to a Utah collection agency. The debt collector sues Scott for the amount owed plus court costs and attorney fees, equaling about $500. If Scott doesn’t respond in 21 days, he may owe up to $1,500 plus interest.

Gyms can sue you for not paying. You may end up like Scott if you don’t respond to the lawsuit with a written Answer.

Frequently Asked Questions

Can I sue my debt collector?

Yes. You can sue your debt collector or another party involved. Suing the creditor after they sue you is called a counterclaim. If you believe the creditor violated the Fair Debt Collection Practices Act, state this in your counterclaim.

Can you settle a debt after being served?

Yes. Most people settle their debt after being sued. They’ll have a pre-trial settlement conference or use mediation to discuss the debt and reach an arrangement. Usually, debtors can negotiate down the debt after filing an Answer. The two parties will decide on a stipulated payment plan, a legally enforceable document laying out a payment schedule.

What do you do if a debt collector sues you?

If a debt collector sues you, respond by filing an answer within 21 days of receiving the Summons and Complaint in Utah. Our partner Solo can help you draft and file your Answer.

How long can a creditor collect on a debt in Utah?

The statute of limitations on Utah debt varies depending on case type. Generally:

• 4 years for credit card debt and oral contracts
• 6 years for written contracts
• 8 years for federal and state judgments

What percentage do creditors usually settle for?

After filing an answer, people negotiate their debt down to around 40%-80% of the original debt. If you want to wrap up the case fast, lead with your best offer, maybe starting with 51%. In negotiation, start low around 15% and adjust upwards. For instance, if you owe $1,000, you can start with an offer of $510.

Can Utah collections take you to court?

Yes, debt collectors can take you to court for a debt. Many consumers don’t realize this until it’s too late. Creditors have the right to sue you for debt as long as it’s within the statute of limitations.

What happens when you get a Summons for debt?

When you receive a Summons for debt, it means you’re being sued. Along with the Summons, you should receive a Complaint document. You need to respond to the Complaint by filing an Answer with the courts and serving an Answer to the plaintiff.

How do you respond to a debt lawsuit without a lawyer?

You can respond to a debt lawsuit without an attorney using your state court’s website to find resources and templates. Or you can use a drafted Answer and customize it to your case situation. Many people are sued for debts less than $1,000. Many attorneys require a $3,000 retainer to get involved. You can save money and stress by representing yourself with help from our partner Solo.

What happens when someone sues you and you have no money?

If you’re being sued for debt and have no money, you aren’t totally off the hook. If you lose the lawsuit, the debt will increase because the creditor’s attorney fees will be added. The creditor can collect the debt for another 8 years. If you get income in those 8 years, the creditor can garnish it. The creditor can put a lien on your assets like a house or car.

How many days do you have to respond to a lawsuit?

If you’re being sued in Utah and receive the lawsuit in the mail, you have 21 calendar days to respond if served in Utah. You have 30 days if served outside the state. Weekends and holidays count. If you don’t file a response within the deadline, you’ll most likely lose automatically.

What happens if you ignore a lawsuit?

Ignoring a debt lawsuit doesn’t make it go away. It makes it worse. Here’s what happens:

• Automatically lose your case: Called default judgment, this occurs if you don’t file within 21–30 days in Utah.
• Owe attorneys fees: Even if you don’t hire an attorney, you must pay opposing party attorney fees when you lose.
• Garnished wages: When you lose, the opposing party can garnish 25% of your paycheck automatically.
• Liens: The opposing party can put a lien on your property. You have to pay them first after selling property or assets.

Find Your Local Utah Court

Ready to file your Answer? Find your local Utah court below to get started.

• Third Judicial District Court, Salt Lake County
• Sanpete County District Court
• Emery County Justice Court
• Sevier County Justice Court
• Eighth District Court Roosevelt
• San Juan County Justice Court
• Manti Justice Court
• Park City District Court
• Duchesne County Court
• Second District Court, Davis County, Farmington Department
• West Jordan District Court, Salt Lake County
• Murray City Justice Court
• Fourth District Court, Provo Department, Utah County
• Juab County Court
• Alta Justice Court
• Washington City Justice Court
• Carbon County District Court
• Grand County Seventh District Court
• Cache County Court
• Wasatch County Court
• Wasatch County Justice Court
• Rich County Court
• St. George District Court
• Sandy Justice Court
• South Salt Lake Justice Court
• Beaver County Court
• Centerville Justice Court
• Ogden District Court, Weber County
• Taylorsville Municipal Justice Court
• Seventh District Court Monticello
• Ogden Justice Court
• Salt Lake City Justice Courts
• West Valley Justice Court
• South Ogden Justice Court
• Fifth District Court
• Iron County Court
• Layton District Court, Davis County
• Box Elder County Court
• Payson City Court
• Logan Justice Court
• Holladay Justice Court
• Morgan County Court
• North Ogden Court
• Garfield County Court
• Piute County Court
• Summit County Court
• Murray Municipal Justice Court
• Tooele County Court
• Kane County Court
• Millard County Court
• Spanish Fork District Court, Utah County
• Davis County Justice Court
• Farmington District Court, Davis County
• Bountiful District Court, Davis County
• Third District Court, West Jordan
• West Jordan Justice Court
• Washington County Justice Court
• Uintah County Court
• Daggett County Court
• Orem City Justice Court
• Hildale Justice Court
• Millard County Justice Court
• Springville City Justice Court
• Wayne County Court
• Utah County Justice Court
• Salem District Court, Utah County
• American Fork District Court, Utah County
• Pleasant Grove Justice Court
• Riverton City Justice Court
• First Judicial District Court, Cache County, Logan Department
• Fifth Judicial District Court, Beaver County, Beaver Department
• Eighth Judicial District Court, Uintah County, Vernal
• Third District Court, Tooele County, Tooele Department