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Utah Debt Collection Laws

Dena Standley | December 19, 2023

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Even though you have a past-due account, it doesn’t mean creditors and debt collectors should harass you. Utah residents have rights when dealing with debt collectors. These rights include asking for validation, disputing errors, and stopping calls with a Cease and Desist Letter. Learn about Utah debt collection laws and how they protect you.

Debt collection starts when a consumer defaults on a credit account. For example, if you miss your regular credit card payments, the creditor finds other ways to recover what you owe. You may start receiving phone calls and letters reminding you to pay. When all else fails, they may sue you.

Take note of the date you defaulted because Utah uses that timeline to determine when a debt collector can contact you and how long they have to sue you. Regardless of the debt collection stage your account is in, understanding Utah debt collection laws can help you manage your debt situation.

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Utah debt collection laws prevent excessive debt collectors communications

Debt collectors can call, email, send letters, or use social media to reach you. But debt collection laws limit how they communicate with you (15 U.S. Code § 1692c).

In Utah, debt collectors can only call you after 8:00 am and before 9:00 pm; if you permit them to use this method. And they should not contact you multiple times a day for the same debt.

The law also allows you to tell a debt collector to stop contacting you by directing them to speak with your attorney or sending a Cease and Desist Letter. Remember that the debt is still pending even when you prevent debt collectors from contacting you. The creditor will use other ways to collect and may call you one last time to inform you of their next cause of action.

In addition, a debt collector should not demean you by calling you names. Neither can they scream obscenities at you. Report them to the Consumer Financial Protection Bureau if they do.

Note: It is legal to record debt collection calls in Utah. When an opportunity arises, record your next conversation to help you gather evidence of the harassment and use it against them in a debt collection lawsuit.

Your communication with debt collectors in Utah

If a debt collector contacts you, do not give private information because you may be dealing with scammers. Even if they are genuine debt collectors, the law requires that they correctly identify you as the debt owner, not vice versa.

One tool that serves consumers' interests is the Debt Validation Letter. It is a document you send stating that you want the debt verified and gives the creditor 30 days to prove you owe the money. They must cease all collection attempts until they prove every account detail and show that it belongs to you.

Remember to use certified mail to prove the collection company received your letter. Using written communication with all debt collectors is the best option for keeping records for future reference.

Create your Debt Validation Letter.

How to handle a Utah debt collection lawsuit

The state allows debt collectors to sue you for debt. The lawsuit aims to legally establish the debt so they can use alternative means to collect.

What can you do if a debt collector takes you to court in Utah? Respond with an Answer. You have 21 days from the day you receive the Summons and 30 days if you received the papers out-of-state. (Utah Rule of Civil Procedure 12a)

Although it may seem complicated, creating your Answer is relatively easy. Here is what you need to do:

  • Read each Complaint carefully to understand what the debt collector is alleging.
  • For every claim, state whether you agree (meaning the allegation is true) or deny (meaning the debt collector has to prove their claims).
  • If there is a claim you do not understand, respond with Deny for lack of knowledge. This response means you do not know whether you are guilty because you do not have enough information about it.
  • Next, assert your affirmative defenses. Here you say why you shouldn’t be held liable for the claims against you.
  • When the Answer document is complete, file it at the court and send the plaintiff's attorney a copy.

For example, if a debt collector alleges that Tyler owes $3,275.50 when he knows the debt is $327.50, he should add it as an affirmative defense. The collector will likely withdraw the lawsuit if they cannot prove the claim.

Note: The Answer document must meet legal formatting requirements. You can use SoloSuit to create one, even if it is your first time being sued.

Respond to a debt collection lawsuit in Utah.

Watch this video to learn more about how to win your debt collection lawsuit in Utah:

What if a debt collector wins a lawsuit in Utah?

A debt collector with a judgment (also called a judgment creditor) has several options for recovering debt.

Wage garnishment

Judgment creditors can proceed to garnish a debtor's wages. But first, they would need to obtain a writ of execution from the court.

If a debt collector successfully obtains the execution writ in Utah, they can legally ask your employer to withhold up to 25% of your disposable income for each pay period.

The garnishment can stay in place until they have recovered all the money you owe. Most writs are valid for a year but are renewable. The debt collector may also renew a judgment after it expires in eight years. (Utah Code Section 78B-2-311)

You may challenge the garnishment if the creditor is trying to take your exempt earnings.

Bank account levies

Armed with a writ of execution, a judgment creditor can take the money in your bank account to pay themselves. If some of the money in your account is exempt, as mentioned above, they cannot take it. But you should file a Request for Hearing to defend that amount.

Judgment creditors can also place property liens on your non-exempt real estate in Utah. Responding to debt collection lawsuits prevents default judgment and allows you to argue your case.

Debt collectors, especially those who buy old accounts, often dismiss a lawsuit when they receive the Answer document. The reason is that critical information is often lost when debts change hands, and debt collectors cannot prove ownership.

Consumers facing a debt collection lawsuit in Utah should confirm whether the debt is past the statute of limitations. If the last time you were active on the account was six years ago, the debt collector can no longer sue you. You must bring up the statute of limitations in your affirmative defenses.

Utah residents can count on the law to protect them from harassment and abusive debt collectors. SoloSuit helps consumers like you understand those laws while providing easy-to-use products to resolve debt at every stage. Learn more in the following enlightening video.

Prefer to read? How to Settle a Debt in Utah.

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