Sued by a debt collector in Utah

A debt lawsuit in Utah usually gives you about 21 days to answer. What a default means, old debts as a defense and what to do.

Short answer

Mark your deadline the day you are served. 21 days after you are served in Utah (30 days if you were served outside Utah), in district or justice court (Utah R. Civ. P. 12(a)(1)); the summons states the deadline. If you are properly served and do not answer in time, the plaintiff can ask for a default judgment and gets what it asked for without hearing your side (Utah Courts). If the debt is older than Utah's time limit (6 years for written contracts), that can be a defense.

Time to answer
21 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

How long you have to answer in Utah

Time to answer
21 days after you are served in Utah (30 days if you were served outside Utah), in district or justice court (Utah R. Civ. P. 12(a)(1)); the summons states the deadline. In small claims court, you go to the trial on the date set.
Court self-help
Utah court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Utah's 21 is about the same as most.

In nearby states

What a default means in Utah

If you are properly served and do not answer in time, the plaintiff can ask for a default judgment and gets what it asked for without hearing your side (Utah Courts).

After a judgment in Utah

  • Wage limit: Same as federal for consumer credit judgments: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.
  • Property: Utah protects equity in your primary home and a smaller amount in other real property.

Utah's garnishment rules

Old debts as a defense in Utah

Utah's time limit to sue is 6 years for written contracts and 4 years for open accounts (Utah Code § 78B-2-309 (6 years: written contract; restart rule for credit agreements); § 78B-2-307(1) (4 years after the last charge or last payment: unwritten contract, open store account, open account for services)). Be careful before you pay on an old debt in Utah: For a credit agreement: the 6 years start again on the later of when the debt arose, when you acknowledge it or promise to pay in writing, or when you or someone else makes a payment (Utah Code § 78B-2-309(2)). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Check Utah's statute of limitations

If the collector broke the law in Utah

Utah's fee law does not spell out a private lawsuit right. You can sue third-party collectors under the federal FDCPA. Utah's Consumer Sales Practices Act may also apply.

Responding to a debt lawsuit in Utah

  1. Confirm the case with the court

    Find the case through the court's own website or clerk.

  2. Note the answer date

    In Utah: 21 days after you are served in Utah (30 days if you were served outside Utah), in district or justice court (Utah R. Civ. P. 12(a)(1)); the summons states the deadline.

  3. Answer in writing

    File it with the court clerk and send a copy to the collector's lawyer. Start with Utah court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Utah's 6 years for written contracts?

  5. Go to every hearing

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in Utah

Questions about debt lawsuits in Utah

What is the deadline to respond to a collection lawsuit in Utah?

21 days after you are served in Utah (30 days if you were served outside Utah), in district or justice court (Utah R. Civ. P. 12(a)(1)); the summons states the deadline. In small claims court, you go to the trial on the date set.

What happens if I don't answer a debt lawsuit in Utah?

If you are properly served and do not answer in time, the plaintiff can ask for a default judgment and gets what it asked for without hearing your side (Utah Courts).

Can I use the statute of limitations as a defense in Utah?

Utah's time limit to sue is 6 years for written contracts and 4 years for open accounts (Utah Code § 78B-2-309 (6 years: written contract; restart rule for credit agreements); § 78B-2-307(1) (4 years after the last charge or last payment: unwritten contract, open store account, open account for services)). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

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