Utah Credit Card Debt: Statute of Limitations (2026)

How Utah’s 6-year statute of limitations works

Utah applies a 6-year statute of limitations to actions on written contracts under Utah Code § 78B-2-309. Credit card debt is treated as a written contract because the cardholder agreement signed at account opening satisfies the writing requirement. Open accounts not evidenced by a written agreement fall under the 4-year period in Utah Code § 78B-2-307, but credit cards generally take the 6-year window.

The clock starts on the date the cause of action accrued. Utah courts have interpreted this to mean the date of last payment or the date the first missed payment was due that led to charge-off, whichever is later. Charge-off typically happens 6 months after the first missed payment. If you stopped paying a Capital One card in January 2026 and never made another payment, the 6-year clock runs through January 2032.

If you are sued in Utah Justice Court, District Court, or Small Claims Court on a credit card debt, the answer deadline is 21 days from service for District Court or 14 days for Justice Court. Failure to file an answer results in a default judgment for the full balance, court costs, attorney’s fees if provided in the cardholder agreement, and post-judgment interest at the federal post-judgment rate plus 2%, currently 5.06% per year under Utah Code § 15-1-4.

Real example timeline

Tara stopped paying a $7,800 Discover card in February 2020 after a medical emergency. The account charged off in August 2020 and was sold to Portfolio Recovery Associates. PRA sued in Salt Lake County District Court in May 2026, 6 years and 3 months after the date of last payment. Tara filed an answer raising the SOL defense under § 78B-2-309. The court granted summary judgment for Tara because the 6-year window expired in February 2026, three months before the complaint was filed.

Revival of time-barred debt in Utah

Utah follows the majority rule that a written acknowledgment of the debt or a partial payment after the limitation period has run can revive the obligation. Utah Code § 78B-2-113 codifies the rule. The acknowledgment must be in writing for written-contract debts. Consumers approaching or past the 6-year window should avoid making partial payments or signed settlement letters that could be construed as acknowledgments.

Settlement math for a typical Utah credit card balance

The pillar payoff calculator models the same balance across three paths: continue minimums, settle for a lump sum, or aggressive payoff. Utah’s relatively low 5.06% post-judgment interest rate makes letting a judgment age less expensive than in states with higher statutory rates, but the 6-year SOL window is the standard balance point.

Typical scenario: $9,600 balance, 25.99% APR, minimum payment of 2% of balance.

• Path 1, minimums only: 30 years to payoff, $17,100 in interest paid.
• Path 2, settle pre-judgment at 40%: $3,840 lump sum, account closed, charge-off remains on credit report 7 years from first delinquency under the Fair Credit Reporting Act § 605.
• Path 3, settle pre-judgment at 50% over 12 months: $4,800 paid in installments, similar credit impact.

Comparison with neighboring states

When you are functionally judgment-proof in Utah

If your only income is Social Security, SSI, Veterans Affairs, public assistance, or unemployment, those funds are exempt under 42 U.S.C. § 407 and Utah-specific exemptions in Utah Code § 78B-5-505. Utah also exempts the first $1,000 in a deposit account from execution, and the federal 2-month rule under 31 CFR Part 212 protects 2 months of federal benefit deposits automatically without filing a claim.

Wage garnishment math follows the federal default

Utah’s wage garnishment rules under Utah Rule of Civil Procedure 64D and Utah Code § 70C-7-103 follow the federal default cap from 15 U.S.C. § 1673: the lesser of:

• 25% of disposable earnings for the workweek, OR
• The amount by which weekly disposable earnings exceed 30 times the federal minimum wage ($217.50/week at $7.25).

For a worker earning $900/week gross in Salt Lake City with $180 in mandatory deductions ($720 disposable), the analysis runs:

• 25% disposable = $180/week cap
• Disposable minus (30 × $7.25 federal min wage) = $720 - $217.50 = $502.50/week

The lesser figure controls: $180/week, or 25% of disposable. Utah does not enhance the federal protection. A continuing writ of garnishment in Utah is valid for up to 1 year and must be renewed under Utah Rule of Civil Procedure 64D(c).

Homestead exemption is one of the smallest in the West

Under Utah Code § 78B-5-503, the Utah homestead exemption is $42,700 per debtor in equity in a primary residence ($5,000 if the property is not the debtor’s primary residence). For a married couple where both spouses own the home, the combined exemption is $85,400. The amount is indexed every 3 years against the consumer price index under Utah Code § 78B-5-503(7).

Utah’s homestead exemption is significantly smaller than neighboring states (Nevada’s $605,000, Idaho’s $175,000, Colorado’s $250,000 to $350,000). A Utah homeowner with substantial equity may face forced sale risk on a credit card judgment, though the practical risk depends on whether sale proceeds after costs and senior liens would exceed the exemption.

Utah Consumer Sales Practices Act remedies

The Utah Consumer Sales Practices Act (Utah Code § 13-11-1 et seq.) prohibits deceptive and unconscionable acts in consumer transactions, including consumer debt collection. Violations give consumers private rights of action with actual damages, statutory penalties of $1,000 per violation, treble damages for willful violations, and attorney’s fees.

The act covers collection agencies, debt buyers, and original creditors collecting their own debts. Specific prohibited practices include misrepresentation of the debt or its character, false threats of legal action, and unconscionable settlement demands. The Utah Division of Consumer Protection administers the act and accepts complaints, parallel to the Utah Attorney General consumer complaint portal.

Collection agency licensing under Utah Code § 12-1-1

Every collection agency operating in Utah must be licensed under Utah Code Title 12 Chapter 1, administered by the Utah Department of Commerce, Division of Corporations and Commercial Code. Licensing requires a surety bond, fingerprinting of principals, financial responsibility, and ongoing compliance with both the federal FDCPA and Utah-specific rules.

Debt management firms operating in Utah register under Utah Code Title 13 Chapter 42. Out-of-state debt-relief firms targeting Utah residents are also subject to the federal Telemarketing Sales Rule (16 CFR § 310.4(a)(5)) banning advance fees before settlements are reached. Verify any firm at the Department of Commerce license search before paying.

Authoritative sources

• Utah Code § 78B-2-309 (6-year SOL)
• Utah Code § 78B-5-503 (homestead exemption)
• Utah Code § 70C-7-103 (wage garnishment)
• Utah Code Title 13 Chapter 11 (Consumer Sales Practices Act)
• Utah Code Title 12 Chapter 1 (Collection Agency Licensing)
• Utah Rule of Civil Procedure 64D (writs of garnishment)
• Utah Attorney General consumer complaint
• Utah Division of Consumer Protection
• CFPB time-barred debt guidance

Neighboring states with different rules

• Idaho credit card debt laws (5-year SOL, community property)
• Nevada credit card debt laws (4-year SOL)
• Colorado credit card debt laws (6-year SOL, 20% garnishment)
• Wyoming credit card debt laws (10-year SOL)
• Arizona credit card debt laws (6-year SOL, community property)

Related tools

• Credit card payoff calculator to compare settlement vs minimums vs aggressive payoff
• Debt management plan calculator
• Can credit card debt garnish your wages?
• Can credit card debt be garnished from Social Security?

Frequently asked questions

What is the statute of limitations on credit card debt in Utah?

Utah has a 6-year statute of limitations for written contracts including credit card debt under Utah Code § 78B-2-309. The clock starts on the date of default, defined as the date the cause of action accrued, generally the date of last payment or the date the first missed payment was due that ultimately led to charge-off. Open accounts not in writing are subject to a 4-year period under § 78B-2-307.

Can Utah creditors garnish my wages for credit card debt?

Yes, after a judgment. Utah Rule of Civil Procedure 64D and Utah Code § 70C-7-103 limit wage garnishment to the federal default: the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage ($217.50). Utah does not impose a stricter cap. Continuing writs of garnishment are valid for up to 1 year and must be renewed.

What is Utah’s homestead exemption for credit card debt?

Under Utah Code § 78B-5-503, the Utah homestead exemption is $42,700 per debtor in equity in a primary residence (or $5,000 in equity in a non-primary residence). For a married couple with both spouses owning the home, the combined exemption is $85,400. The exemption is automatic on the primary residence. The amount is indexed every 3 years based on the consumer price index.

What happens after Utah’s 6-year statute of limitations expires?

The debt becomes time-barred. A creditor can still ask you to pay and can still report the charge-off to credit bureaus for 7 years from first delinquency, but cannot sue you to collect. If you are sued on a time-barred debt in Utah, raise the statute of limitations as an affirmative defense in your answer to the complaint. A partial payment or written acknowledgment can revive a time-barred debt in Utah, so avoid both if the debt is approaching or past SOL.

Does Utah license debt relief companies?

Yes. Utah requires collection agencies to be licensed under Utah Code § 12-1-1 et seq. administered by the Utah Department of Commerce. Debt management firms separately register under Utah Code Title 13 Chapter 42. The Utah Consumer Sales Practices Act (Utah Code § 13-11-1 et seq.) gives consumers private rights of action against deceptive collection practices, with treble damages available for willful violations. Verify any firm at the Department of Commerce license search before paying fees.