Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Utah
How long a creditor or debt collector has to sue you over a debt in Utah, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
This one is genuinely contested in Utah. Read straight, a credit card looks like an open account under §78B-2-307, which is 4 years. But Utah courts have often applied the 6-year written-contract period from §78B-2-309, treating the cardholder agreement as an instrument in writing. The Utah Supreme Court has not settled the split. If you are being sued, plan for the possibility that a court applies 6 years, and get advice on your specific account.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Utah restarts the clock in more than one way. A written acknowledgment of the debt or a written promise to pay restarts it, and so does a payment on the debt (§78B-2-113; §78B-2-309). Even a small partial payment can revive an old account, which is why collectors ask for a token payment. Do not pay or sign anything about an old debt before you know whether the period has already run.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Utah classifies each debt type.
| Debt type | Limit in Utah | How it's classified |
|---|---|---|
| Credit card | 4 years | Open account (but 6 is often applied) |
| Written contract | 6 years | Contracts founded on an instrument in writing (Utah Code §78B-2-309). |
| Oral contract | 4 years | Contracts not founded on a written instrument (Utah Code §78B-2-307). |
| Open account | 4 years | Open store accounts and accounts for work, labor, or services (Utah Code §78B-2-307). |
| Promissory note | 6 years | A promissory note is a written instrument, so it takes the 6-year period. |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Utah debtors get wrong
Utah runs two different debt clocks, and which one applies decides whether an old account is still collectible. A contract founded on a written instrument gets 6 years under Utah Code §78B-2-309, while an oral contract or an open account gets 4 years under §78B-2-307. Credit cards sit right on that line: read plainly they look like open accounts (4 years), but Utah courts have often applied the 6-year written-contract period, and the state Supreme Court has never settled the split. Because of that gap, the cautious view for anyone being sued is to plan for 6 years on a card. Utah is also a restart state: a written acknowledgment, a written promise to pay, or even a small payment can revive an old debt. This page explains the numbers and the traps, but it is a reference, not legal advice.
Common questions
What is the statute of limitations on credit-card debt in Utah?
It is contested. A credit card reads like an open account under §78B-2-307 (4 years), but Utah courts have often applied the 6-year written-contract period under §78B-2-309, and the Utah Supreme Court has not resolved the split. If you are being sued, plan for the chance that a court applies 6 years.
Why do some sources say 4 years and others say 6 years for Utah cards?
Both are defensible. The 4-year figure follows the open-account statute (§78B-2-307). The 6-year figure follows the written-contract statute (§78B-2-309), treating the cardholder agreement as an instrument in writing. Utah has not clarified which controls, so you will see both quoted.
Can a small payment restart a Utah debt?
Yes. Under §78B-2-113 and §78B-2-309, a payment on the debt can restart the clock, and even a tiny payment can revive an old account. A written acknowledgment or a written promise to pay does the same. Get advice before paying or signing anything on an old debt.
When does the Utah debt clock start?
For an oral contract or open account, the 4-year clock runs from your last charge or last payment (§78B-2-307). For a written credit agreement, the 6-year clock under §78B-2-309 starts on the latest of the day the debt arose, a written acknowledgment or promise to pay, or a payment.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.