Sued for Debt in Utah? Your 21-Day Response Playbook

A debt collector just sued you in Utah. You have 21 days from the date you were served to file a written response. Not 22. Not "about three weeks." Exactly 21 days. Miss that deadline and the court enters a default judgment against you—no hearing, no defense, just an automatic loss that lets the collector garnish your wages or freeze your bank account.

The stakes are high. But the response itself is less complicated than you think. You need to file a document called an Answer. In it, you admit or deny each claim the collector makes and list any defenses you have. That's it. Do that before day 21 and you stay in the fight.

This guide walks you through the exact steps to respond to a debt lawsuit in Utah, including what to write, where to file, and how to protect your paycheck while the case plays out.

Your 21-Day Clock Starts When You're Served

Under Utah Rule of Civil Procedure 12(a), you have 21 days to respond if you were served inside Utah. If you were served outside the state, you get 30 days. The clock starts the day you receive the Summons and Complaint, not the day the collector filed the lawsuit.

Service usually happens one of three ways:

• Personal service: Someone hands you the papers directly.
• Substituted service: Papers are left with someone at your home or workplace, then mailed to you.
• Certified mail: The documents arrive via USPS with a signature required.

If you're not sure when your 21 days started, count from the date on the signed receipt or the date someone handed you the papers. When in doubt, file early. Courts don't give extensions because you miscounted.

What Happens If You Ignore the Lawsuit

About 70% of people sued for debt never respond. The result is a default judgment,the collector wins without having to prove anything. Once they have a judgment, they can:

• Garnish up to 25% of your disposable wages (or more if you owe child support or taxes).
• Levy your bank account, freezing funds until the debt is paid.
• Place a lien on real property you own in Utah.

Default judgments are avoidable. Even if you owe the debt, filing an Answer forces the collector to prove their case. That often leads to settlement offers below the original amount, because trials are expensive and debt buyers frequently lack the documentation to win.

Step 1: Read the Complaint and Decide Your Response

The Complaint is the numbered list of allegations the collector is making. It might say things like "Defendant opened a credit card account with Capital One in March 2018" or "Defendant owes $7,432 plus interest."

Your job is to respond to each numbered paragraph with one of three answers:

• Admit: You agree the statement is true.
• Deny: You dispute the statement or don't have enough information to confirm it.
• Deny due to lack of knowledge: You genuinely don't know if the statement is accurate (this counts as a denial).

If you're unsure about something, deny it. The burden is on the collector to prove their claims, not on you to disprove them. Only admit what you're absolutely certain is true.

Example Answers

If the Complaint says "Defendant owes $5,000 on account number ending in 1234," you might respond:

• Admit if you recognize the account and the amount.
• Deny if the amount is wrong, the account isn't yours, or you already paid it.
• Deny due to lack of knowledge if you don't remember the account or can't verify the balance.

Step 2: Assert Your Affirmative Defenses

After responding to each paragraph, you list your affirmative defenses. These are legal reasons the collector should lose even if some of their facts are correct. Common defenses in Utah debt cases include:

• Statute of limitations: The debt is too old to sue over. In Utah, collectors have six years for written contracts (like credit cards) and four years for oral agreements.
• Lack of standing: The collector doesn't own the debt or can't prove they do.
• Payment or settlement: You already paid the debt or settled it for less.
• Identity theft or fraud: The account was opened in your name without your consent.
• Improper service: You weren't served correctly under Utah law.
• Violation of the Fair Debt Collection Practices Act (FDCPA): The collector broke federal rules during collection.

You don't need proof to assert a defense in your Answer. You just need a good-faith belief it applies. If the collector can't overcome your defenses at trial, you win.

The Statute of Limitations Defense

This is the most powerful defense in debt cases. Utah Code § 78B-2-309 sets a six-year limit on written contracts. If your last payment was more than six years ago, the debt is "time-barred." The collector can't win if you raise this defense.

To calculate the deadline, start with the "date of last activity",usually your last payment or the last time you used the account. Add six years. If that date has passed, the statute of limitations has expired.

Collectors sometimes sue on time-barred debts hoping you won't notice. Always check the dates in the Complaint against Utah's statute of limitations.

Step 3: File Your Answer and Serve the Plaintiff

Once you've drafted your Answer, you need to do two things:

1. File it with the court. Submit your Answer to the same Utah district court listed on the Summons. You can file in person, by mail, or online if the court allows e-filing. Expect a filing fee of $50 to $150, though you can request a fee waiver if you can't afford it.
2. Serve the plaintiff. Send a copy of your Answer to the collector's attorney by mail or email. Include a Certificate of Service stating you sent it on a specific date.

Both steps must happen before your 21-day deadline. If you file with the court but forget to serve the plaintiff, your Answer may not count.

How to File a Fee Waiver in Utah

If the filing fee is a hardship, Utah courts allow you to request a waiver. File a Motion to Waive Fees along with a Financial Affidavit showing your income, expenses, and assets. If the judge grants it, you pay nothing to file your Answer.

Fee waivers take a few days to process, so file early if you need one. You can find the forms on the Utah Courts website under "Fee Waiver Packet."

What Happens After You File Your Answer

Filing an Answer doesn't make the lawsuit disappear. It moves the case to the next phase. Here's what typically happens:

• Discovery: Both sides exchange information. The collector might send you written questions (interrogatories) or request documents. You do the same if you want proof they own the debt.
• Settlement negotiations: Many debt buyers offer to settle once you respond, because trials are expensive and they may lack records. You might settle for 40-60% of the claimed balance.
• Trial: If you don't settle, the case goes to court. The collector must prove you owe the debt. If they can't, you win.

About 90% of debt lawsuits settle before trial. Filing an Answer puts you in control of those negotiations. If you're interested in exploring bankruptcy as an alternative, you can file for bankruptcy to discharge unsecured debts like credit cards and medical bills.

How to Stop Wage Garnishment in Utah

If the collector already has a judgment and is garnishing your wages, you can challenge it. Utah law exempts certain income from garnishment, including:

• Social Security benefits
• SSI and disability payments
• Unemployment compensation
• Workers' compensation
• Child support you receive

If your income is entirely from exempt sources, you can file a Claim of Exemption with the court. The garnishment stops while the judge reviews your claim. Even if your income isn't fully exempt, Utah limits garnishment to 25% of your disposable earnings (the amount left after taxes and mandatory deductions).

To file a Claim of Exemption, you'll need proof of your income sources,pay stubs, award letters, or bank statements. Submit it to the court that issued the garnishment order and send a copy to the collector's attorney.

Settling Debt Before or After You Respond

You can settle a debt lawsuit at any stage. Before you file an Answer, the collector might accept 50-70% of the balance. After you file, they may offer less, especially if you've raised strong defenses like the statute of limitations.

When negotiating, get everything in writing before you pay. The agreement should state:

• The exact amount you'll pay
• That the payment settles the debt in full
• That the collector will dismiss the lawsuit
• That no remaining balance will be reported to credit bureaus

Once you pay, the collector files a Satisfaction of Judgment with the court, officially closing the case. If they don't dismiss the suit after you've paid, file a Motion to Dismiss with proof of payment attached.

Vacating a Default Judgment in Utah

If you already missed the 21-day deadline and the collector got a default judgment, you can ask the court to vacate (cancel) it. Under Utah Rule of Civil Procedure 60(b), you need to show:

• You have a valid excuse for missing the deadline (illness, military deployment, incorrect address on the Summons)
• You have a meritorious defense (a real argument against the debt)
• You acted quickly once you discovered the judgment

File a Motion to Set Aside Default Judgment along with your proposed Answer. If the judge grants it, the case reopens and you get another chance to defend yourself. Judges are more likely to grant these motions early,within weeks or months of the judgment, not years later.

Utah Debt Collection Laws You Should Know

Utah law adds protections beyond federal rules. Under the Utah Consumer Sales Practices Act (Utah Code § 13-11), collectors can't:

• Threaten you with arrest or criminal prosecution
• Contact you before 8 a.m. Or after 9 p.m.
• Call you at work if you've told them not to
• Harass, abuse, or use profane language
• Falsely claim to be an attorney or government official

If a collector violates these rules, you can sue them for damages. You can also report them to the Utah Division of Consumer Protection. Violations strengthen your defense in court and may give you leverage in settlement talks.

When to Consider Bankruptcy Instead

If you're facing multiple lawsuits or the debt is more than you can realistically pay, bankruptcy might be a better option than fighting each case individually. Chapter 7 bankruptcy wipes out credit card debt, medical bills, and personal loans in about four months. Chapter 13 lets you repay debts over three to five years at reduced amounts.

Filing bankruptcy triggers an automatic stay, which immediately stops all lawsuits, garnishments, and collection calls. If a judgment already exists, bankruptcy can discharge the underlying debt, though it won't remove liens on property.

You can check if you qualify for bankruptcy in under two minutes. If your debts exceed your income and you have few assets, Chapter 7 is likely an option.

The Bottom Line

You have 21 days to respond to a debt lawsuit in Utah. File an Answer admitting or denying each claim, assert your affirmative defenses, and serve the collector's attorney. Do that and you avoid default judgment and gain negotiating power. Ignore it and the collector wins automatically.