Debt collectors in Utah

Credit cards: Utah Code 78B-2-309(1)(b) gives 6 years for a contract 'founded upon an instrument in writing'. 309(2) expressly covers a 'credit agreement' (as defined in 25-5-4) and starts that 6-year period at the latest of when the debt arose, a written acknowledgment or promise, or a payment. That indicates the legislature treats credit card agreements as 6-year written contracts. The 4-year period in 78B-2-307(1) (unwritten contracts, open store accounts for goods, open accounts for services and materials) is the shorter alternative if a court found no written instrument.

Payments and acknowledgments: Utah Code 78B-2-113(1) lets an action for recovery of a debt be brought within the applicable period from the latest of when the debt arose, a written acknowledgment or promise to pay by the debtor, or a payment on the debt by the debtor. 78B-2-309(2) repeats this for credit agreements and also counts a payment by a third party. The statute does not distinguish payments made before or after expiry, so on its face a post-expiry payment or written acknowledgment also starts a new period (revival). No debt-buyer-specific rule was found.

Judgments: Actions on judgments have 8 years (78B-2-311; the Utah courts self-help page states 'The statute of limitations for renewing a judgment is 8 years from the date of the judgment'). Under the Renewal of Judgment Act, a motion to renew must be filed in the original case before the 8 years run, with an affidavit accounting for payments (78B-6-1802). The renewal order renews the judgment 'for the same amount of time as the original judgment' (78B-6-1804), so another 8 years. The statute does not say how many renewals are allowed. Judgment liens on real property are governed by 78B-5-201/-202 (not read).

Other rules: The official le.utah.gov site refused connections throughout, so statute text comes from FindLaw (current as of 2025-01-01) and the judgment period also from the official Utah courts self-help page. No Utah appellate credit-card SOL case was confirmed (web search budget ran out), so credit card is marked not ambiguous on the strength of the 309(2) credit-agreement language; a court could still apply 4 years if the creditor cannot show a written agreement. No Utah statute barring suit or revival on time-barred consumer debt was found, but the Utah Code could not be fully checked. Unwritten contracts get 4 years.

• open account: Utah Code 78B-2-309(1)(b), (2); alt. 78B-2-307(1)
• written contract: Utah Code 78B-2-309(1)(b)
• oral contract: Utah Code 78B-2-307(1)(a)
• promissory note: Utah Code 70A-3-118(1); also 78B-2-309(1)(b)
• judgment: Utah Code 78B-2-311; 78B-6-1802; 78B-6-1804
• payment restarts: Utah Code 78B-2-113; 78B-2-309(2)
• other: 78B-2-307(1): 4-year claims accrue from the last charge or last payment

Sources: codes.findlaw.com · codes.findlaw.com · utcourts.gov