Utah debt statute of limitations

Utah limitation periods by type of debt

A credit agreement with a bank or other financial institution, which covers most credit cards, falls in the 6-year written period, and that period restarts on a payment or a written acknowledgment (§ 78B-2-309(2), defined in § 25-5-4(2)). An open store account is 4 years (§ 78B-2-307).

What the Utah statute says

“An action may be brought within six years: (a) for the mesne profits of real property; (b) subject to Subsection (2), upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78B-2-311; or”
Utah Code § 78B-2-309(1)(b)

“An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; (b) on an open store account for any goods, wares, or merchandise; or”
Utah Code § 78B-2-307(1)

“For a credit agreement, as defined in Section 25-5-4, the six-year period described in Subsection (1) begins the later of the day on which: (a) the debt arose; (b) the debtor makes a written acknowledgment of the debt or a promise to pay the debt; or (c) the debtor or a third party makes a payment on the debt.”
Utah Code § 78B-2-309(2)

“"Credit agreement" means an agreement by a financial institution to: (I) lend, delay, or otherwise modify an obligation to repay money, goods, or things in action;”
Utah Code § 25-5-4(2)

Does paying restart the clock in Utah?

For a credit agreement, the 6 years run from the latest of the debt arising, a written acknowledgment or promise, or a payment (Utah Code § 78B-2-309(2)).

“(1) An action for recovery of a debt may be brought within the applicable statute of limitations from the date: (a) the debt arose; (b) a written acknowledgment of the debt or a promise to pay is made by the debtor; or (c) a payment is made on the debt by the debtor.”
Utah Code § 78B-2-113

If a creditor wins a judgment in Utah

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Utah rules take over.

How long a judgment lasts

In Utah, an action on a judgment may be brought within eight years of its entry, or of its renewal under Utah's Renewal of Judgment Act.

“An action may be brought within eight years upon the date of: (1) entry of a judgment or decree of any court of the United States, or of any state or territory within the United States; or (2) renewal of a judgment”
Utah Code § 78B-2-311

Wage garnishment

For judgments arising from a consumer credit agreement, Utah limits garnishment to the lesser of 25% of disposable earnings, the amount above 30 hours per week times the federal minimum hourly wage, or 15% if the judgment relates to an education loan.

“The maximum part of the aggregate disposable earnings of an individual for any pay period that is subjected to garnishment to enforce payment of a judgment arising from a consumer credit agreement may not exceed the lesser of: (a) 25% of the individual's disposable earnings for that pay period;”
Utah Code § 70C-7-103(2)

Small claims court

In Utah, a small claims action for money is limited to $20,000 (including attorney fees but excluding court costs and interest) from January 1, 2025 through December 31, 2029, rising to $25,000 on January 1, 2030.

“on or after January 1, 2025, through December 31, 2029, $20,000 including attorney fees but exclusive of court costs and interest; and (C) on or after January 1, 2030, $25,000 including attorney fees but exclusive of court costs and interest;”
Utah Code § 78A-8-102(1)(a)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Utah treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Utah?

6 years for credit-card debt and 6 years on a written contract, under Utah Code § 78B-2-309; § 78B-2-307. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Utah?

For a credit agreement, the 6 years run from the latest of the debt arising, a written acknowledgment or promise, or a payment (Utah Code § 78B-2-309(2)).

How long does a court judgment last in Utah?

In Utah, an action on a judgment may be brought within eight years of its entry, or of its renewal under Utah's Renewal of Judgment Act. (Utah Code § 78B-2-311).

How much of my pay can be garnished in Utah?

For judgments arising from a consumer credit agreement, Utah limits garnishment to the lesser of 25% of disposable earnings, the amount above 30 hours per week times the federal minimum hourly wage, or 15% if the judgment relates to an education loan. (Utah Code § 70C-7-103(2)).

What if I am sued on an old debt in Utah?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.