Statute of Limitations on Debt in Utah: Your Complete Guide
Utah gives creditors six years to sue on written contracts and four years on verbal agreements or credit card debts. After the statute of limitations expires, collectors cannot legally sue you, though they may still contact you. If you're sued on an expired debt, you must raise the statute of limitations as a defense in your Answer.
Answer Your LawsuitYou’re getting calls and letters from debt collectors about old debts. Before you pay anything, you need to know about the statute of limitations.
Utah law protects you from lawsuits on debts that are too old. Creditors can’t sue you forever. The clock eventually runs out.
Sued on an Expired Utah Debt? Respond Today
Collectors sometimes sue even after the statute expires, hoping you won't defend yourself. Draft your Answer in 15 minutes and raise the statute of limitations defense before Utah's deadline passes.
Respond to Your LawsuitWhat Is the Statute of Limitations on Debt?
The statute of limitations sets a deadline for debt collection lawsuits. After this period expires, creditors and collectors cannot sue you to recover the debt.
Every state has different time limits. Utah’s rules differ from neighboring states like Nevada or Colorado.
The type of debt matters too. Written contracts have different deadlines than verbal agreements.
Some credit card agreements include a “choice of law” provision. These clauses can designate which state’s laws apply to disputes.
Utah Statute of Limitations by Debt Type
| Debt Type | Years to Sue |
|---|---|
| Written contracts | 6 years |
| Verbal agreements | 4 years |
| Open accounts (credit cards) | 4 years |
Written contracts include signed loan agreements, mortgages, and car loans. These debts have a six-year statute of limitations in Utah.
Verbal agreements and open accounts expire after four years. Open accounts include credit cards and store charge accounts.
When Does the Clock Start?
The statute of limitations begins when you breach the contract. For credit cards, that’s usually your last payment or last charge date.
Example: You last used your credit card on March 15, 2018. The statute of limitations expires on March 15, 2022 for that debt.
Some contracts have special breach conditions. Auto loans often require you to maintain insurance. The breach date could be when your insurance lapses.
Review your original contract carefully. Hidden conditions can trigger earlier breach dates.
Utah’s Borrowing Statute: A Unique Twist
Utah has an additional law that complicates things. Section 78B-2-103 is called the “borrowing statute.”
Under this law, debts barred in another state are also barred in Utah. Sounds simple, but it gets complex with national creditors.
Many credit card companies are based in Delaware. They process payments in Michigan or other states. Where did the breach actually occur?
A Utah bank loan with local payments is straightforward. But multi-state operations create jurisdictional questions.
The borrowing statute can work in your favor. If another state’s shorter deadline applies, you gain protection sooner.
Debt Collector Tricks on Time-Barred Debts
Collectors know these laws. Many use illegal tactics to collect on expired debts anyway.
Watch out for these common tricks:
- Threatening lawsuits after the statute expires
- Claiming you’ll go to jail for unpaid consumer debts
- Warning about home foreclosure on unsecured debts
- Contacting your friends, family, or employer
- Promising that a small payment will restore your credit score
- Asking you to sign a written acknowledgment of the debt
Never make a payment on an old debt without checking the statute of limitations first. A single payment can restart the entire clock.
Signing any acknowledgment revives the debt. You reset the statute of limitations with your signature.
You cannot go to jail for consumer debt. Debtors’ prisons are illegal in America. Collectors who make this threat violate federal law.
What to Do If You’re Sued on an Expired Debt
Collectors sometimes file lawsuits even after the statute expires. They hope you won’t show up or won’t know your rights.
You must raise the statute of limitations as a defense. Courts won’t automatically dismiss time-barred cases.
File an Answer to the lawsuit within Utah’s deadline. Include the statute of limitations as an affirmative defense.
Our partner Solo helps you respond to debt lawsuits quickly. You can draft and file your Answer without hiring an expensive attorney.
Suing on time-barred debt violates the Fair Debt Collection Practices Act. You can recover damages and attorney fees if you prove the violation.
How to Calculate Your Statute of Limitations
Start with your last payment date or last transaction date. Use whichever date came later.
Add the appropriate number of years based on your debt type. Written contracts get six years. Open accounts and verbal agreements get four years.
Check if the borrowing statute applies. Did your debt originate in another state with different rules?
Document everything. Save old statements, payment receipts, and account records. You’ll need proof of dates if you go to court.
Can Collectors Still Contact You After the Deadline?
Yes, collectors can still call and write after the statute expires. They just can’t sue you.
Time-barred debt collection is legal. Collectors can ask for payment on expired debts.
However, they must be honest. They cannot threaten lawsuits they cannot legally file.
You can tell collectors to stop contacting you. Send a written request under the Fair Debt Collection Practices Act.
Does the Debt Affect Your Credit Report?
Old debts can still appear on your credit report. The statute of limitations and credit reporting have different timelines.
Most negative items stay on your credit report for seven years. The clock starts from your first missed payment.
Paying an expired debt won’t improve your credit score. The negative mark remains for the full seven years regardless.
Making a payment can actually hurt you. It may restart the statute of limitations without helping your credit.
Should You Pay an Expired Debt?
You have no legal obligation to pay after the statute expires. The choice is yours.
Some people pay old debts for moral or ethical reasons. Others need to settle debts before buying a home.
If you choose to pay, negotiate first. Collectors often accept reduced amounts on time-barred debts.
Get any settlement agreement in writing before you pay. Include a clause releasing you from the full debt.
Never restart the statute of limitations accidentally. Avoid payments or acknowledgments unless you intend to settle completely.
Protect Yourself From Debt Lawsuits
Knowledge is your best defense against aggressive collectors. Understand your rights under Utah law.
Keep detailed records of all debts. Note when accounts went delinquent and when you last made payments.
Don’t ignore court papers. Even expired debts require a proper legal response if you’re sued.
Our partner Solo makes it easy to answer debt collection lawsuits. You can respond properly without expensive legal fees.
Report illegal collector behavior to the Consumer Financial Protection Bureau. Document threats, harassment, or misleading statements.
Consider consulting a consumer rights attorney if collectors violate the law. You may be entitled to damages.