Utah sets two main deadlines for suing on consumer debts. Four years for open accounts and agreements that aren’t based on a written instrument, counted from the last charge or last payment [1]. Six years for contracts founded on a written instrument [2]. A payment, or a written promise to pay, can start the clock over [3].
At a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Contract, obligation or liability not founded on a written instrument | 4 years after the last charge or last payment | Utah Code § 78B-2-307(1)(a) |
| Open store account for goods, wares or merchandise | 4 years after the last charge or last payment | Utah Code § 78B-2-307(1)(b) |
| Open account for labor, services or materials | 4 years after the last charge or last payment | Utah Code § 78B-2-307(1)(c) |
| Contract, obligation or liability founded on a written instrument | 6 years | Utah Code § 78B-2-309 |
| Action on a judgment | 8 years after entry or renewal | Utah Code § 78B-2-311 |
Four years or six?
The difference turns on whether the debt rests on a written instrument. A contract, obligation or liability “founded upon an instrument in writing” has six years [2]. Debts not founded on a written instrument, open store accounts, and open accounts for labor, services or materials have four years [1].
The four-year clock has a detail worth noticing: it runs from the date the last charge was made or the last payment was received [1]. On a revolving account you kept using, that can be much later than when you opened it.
Which category a particular credit card, medical bill or loan falls into isn’t always clear. If you’re sued, that’s a question for a lawyer or legal aid.
What restarts the clock
Utah Code § 78B-2-113 lets a creditor sue within the limitations period measured from the latest of these dates [3]:
- when the debt arose,
- when the debtor made a written acknowledgment of the debt or a written promise to pay it, or
- when the debtor made a payment on the debt.
So a small payment on an old account, or signing a letter that admits the debt, can give the creditor a fresh four or six years.
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Utah’s statute says that when a right of action is barred, it’s unavailable as a cause of action [3]. The federal consumer bureau adds that collectors can’t sue, or threaten to sue, over a time-barred debt [6].
The deadline isn’t automatic in court, though. If you’re sued on an old debt, you have to raise the statute of limitations yourself [6]. Read the summons, file an answer by the deadline, and say the debt is too old. If you don’t respond, the court can enter a default judgment.
Judgments last eight years
Once a creditor wins in court, a longer clock applies. An action on a judgment can be brought within eight years after the judgment is entered, or after it’s renewed [4]. A renewal starts that period over again [4], so a judgment can be enforced for many years.
The credit report clock is separate
How long an old debt appears on your credit report is set by the federal Fair Credit Reporting Act, not Utah’s deadline to sue. Collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [5]. That means a debt can fall off your report while it’s still collectible, or remain on your report after Utah’s deadline to sue has passed.
Accurate information can stay on your report for the full period. Information that’s wrong, or that’s still being reported after the period ends, can be disputed with the credit bureaus at no cost. BestAmerica’s guide to how long negative items stay on a credit report lists the federal timelines.
Getting help with your credit reports
Old collection accounts can show up with mistakes, such as the wrong dates or balance. A credit repair company can review your reports from all three bureaus, flag entries that look inaccurate, outdated or unverifiable, and handle the disputes and follow-up with each bureau for you. That’s a real time saver when several accounts are involved.
Credit repair is regulated by federal law. A credit repair company has to give you a written contract that spells out the services, their total cost and how long they’ll take [8]. You can cancel that contract within three business days of signing [9]. And the company can’t charge you until it has fully performed the services it promised [7]. You can also dispute items yourself. Either way, accurate, current information can’t be removed, and results vary from person to person.
Where to get help
- Utah Legal Services and the Utah Courts Self-Help Center: help for people who are sued on a debt and need to answer.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [6].
- A consumer attorney: worth calling if you’re sued on an old account, or one written under another state’s law.
Sources
- Utah Code § 78B-2-307, Within four years
- Utah Code § 78B-2-309, Within six years: instrument in writing
- Utah Code § 78B-2-113, Effect of payment, acknowledgment, or promise to pay
- Utah Code § 78B-2-311, Within eight years: judgments
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- Consumer Financial Protection Bureau: What is a statute of limitations on a debt?
- 15 U.S.C. § 1679b, Prohibited practices (Cornell LII)
- 15 U.S.C. § 1679d, Credit repair organizations contracts (Cornell LII)
- 15 U.S.C. § 1679e, Right to cancel contract (Cornell LII)
Next steps
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Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
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Bolster is a free app for keeping an eye on your credit and building credit history over time.
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Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Common questions
How long can a creditor sue on a debt in Utah?
It depends on the kind of debt. Open accounts and contracts not based on a written instrument have four years, counted from the last charge or the last payment. Contracts founded on a written instrument have six years.
Does making a payment restart the statute of limitations in Utah?
It can. Utah law lets a creditor sue within the limitations period measured from the latest of when the debt arose, when the debtor made a written acknowledgment or promise to pay, or when the debtor made a payment.
How long does a judgment last in Utah?
An action on a judgment can be brought within eight years after the judgment is entered or renewed.
Does the Utah statute of limitations control how long a debt stays on my credit report?
No. Credit reporting is a federal rule. Most collection and charged-off accounts can be reported for about seven years, counted from 180 days after the delinquency began, whether or not the debt can still be sued on.