Utah Debt Collection Laws: Know Your Rights When Collectors Call

Debt collection begins when you default on a credit account. Missing credit card payments triggers calls and letters from creditors. When those tactics fail, they may take you to court.

The date you defaulted matters. Utah uses that timeline to determine when collectors can contact you. Understanding Utah debt collection laws helps you manage your debt situation effectively.

Utah Limits How Debt Collectors Can Contact You

Debt collectors can call, email, send letters, or message you on social media. Federal law restricts how they communicate with you, though.

In Utah, collectors can only call between 8:00 am and 9:00 pm. They need your permission to use this method. They cannot contact you multiple times daily for the same debt.

You can tell collectors to stop contacting you. Send them a Cease and Desist Letter or direct them to your attorney. The debt remains pending even when you stop their calls. Creditors will use other collection methods and may call once to inform you.

Debt collectors cannot demean you or scream obscenities. Report harassment to the Consumer Financial Protection Bureau.

Important: Recording debt collection calls is legal in Utah. Record your conversations to gather evidence of harassment. Use these recordings as proof in a debt collection lawsuit.

Protect Yourself When Collectors Call

Never give private information when a collector contacts you. You might be dealing with scammers. Even genuine collectors must identify you correctly as the debt owner.

Use a Debt Validation Letter to protect your rights. Our partner Solo can help you request proper verification. The letter demands proof you owe the money. Collectors get 30 days to verify every account detail.

Collectors must cease all collection attempts until they prove the debt belongs to you. Send your letter via certified mail for proof of delivery.

Written communication with collectors is your best option. You create a paper trail for future reference.

How to Handle a Debt Collection Lawsuit in Utah

Debt collectors can sue you in Utah. Lawsuits legally establish the debt so they can use alternative collection methods.

Respond with an Answer when collectors take you to court. You have 21 days from receiving the Summons. You get 30 days if you received papers out-of-state.

Creating your Answer is straightforward. Follow these steps:

• Read each Complaint carefully to understand the allegations
• State whether you agree or deny each claim
• Respond with “Deny for lack of knowledge” for unclear claims
• Assert your affirmative defenses explaining why you’re not liable
• File the Answer at court and send a copy to the plaintiff’s attorney

Suppose a collector alleges you owe $3,275.50 when the actual debt is $327.50. Add this discrepancy as an affirmative defense. Collectors often withdraw lawsuits when they cannot prove their claims.

Your Answer document must meet legal formatting requirements. Our partner Solo helps you create a proper Answer, even if you’ve never been sued.

What Happens If a Collector Wins Their Lawsuit

A judgment creditor has several options for recovering debt. Understanding these methods helps you prepare.

Wage Garnishment in Utah

Judgment creditors can garnish your wages after obtaining a writ of execution. The court must approve this writ first.

With an execution writ, collectors can ask your employer to withhold up to 25% of your disposable income. The garnishment continues until they recover the full amount you owe.

Most writs remain valid for one year but are renewable. Collectors can renew judgments after they expire in eight years.

You can challenge the garnishment if collectors target your exempt earnings.

Bank Account Levies

A writ of execution allows judgment creditors to take money from your bank account. They cannot take exempt funds, though. File a Request for Hearing to defend exempt amounts.

Judgment creditors can place property liens on your non-exempt real estate in Utah. Responding to lawsuits prevents default judgment and protects your rights.

Collectors often dismiss lawsuits when they receive your Answer. Critical information gets lost when debts change hands. Many collectors cannot prove ownership.

Statute of Limitations Protection

Confirm whether your debt is past the statute of limitations. Utah gives collectors six years from your last account activity to sue you.

Collectors cannot sue for debts older than six years. You must raise the statute of limitations in your affirmative defenses.

Utah law protects you from harassment and abusive debt collectors. Knowing your rights puts you in control of your debt situation.