Can a collector sue me on an expired debt?

They can try, but the expired statute of limitations is an affirmative defense. You must raise it in your answer — the court will not check for you. If you do not respond, the collector can still get a default judgment even on time-barred debt.

Does the SOL vary by debt type in Utah?

Yes. Written contracts: 6 years [§ 78B-2-309]. Oral contracts: 4 years. Open accounts/credit cards: 4 years. Promissory notes: 6 years [§ 78B-2-309].

Can a payment restart the statute of limitations?

In most states, including Utah, making a partial payment or acknowledging the debt in writing can restart the clock. This is the biggest risk with old debt — a small payment intended as a goodwill gesture can give the collector years to file a new lawsuit.

Does the SOL affect my credit report?

No. The statute of limitations (how long a collector can sue you) and credit reporting (how long a debt appears on your report) are separate. Most negative items remain on your credit report for 7 years from the date of first delinquency, regardless of the SOL.

Topic guideUpdated 2026-02-27

Utah Statute of Limitations on Debt — Time Limits by Type

How long creditors have to sue on different types of debt in Utah — written contracts, oral contracts, credit cards, and promissory notes.

The Statute of limitations is the deadline for a creditor or collector to file a lawsuit. Once the deadline passes, the debt is considered time-barred — a collector can no longer sue you to collect it. In Utah, the deadlines vary by debt type.

Utah statutes of limitations

	SOL	Statute
Written contracts	6 years	§78B-2-309
Oral contracts	4 years \|
Promissory notes	6 years	§78B-2-309
Open accounts (credit cards)	4 years \|

When does the clock start?

The statute of limitations typically begins running on the date of the last payment or the date the account was charged off (declared uncollectible by the creditor), whichever is later. The exact start date can be disputed and may depend on the terms of the contract.

What happens when the SOL expires?

The collector cannot file a new lawsuit to collect the debt
If they do sue, you can raise the expired SOL as an affirmative defense — but you must file an answer and assert it; the court will not do it for you
The debt does not disappear — it still exists, and the collector can still contact you about it (though they cannot threaten to sue)
The debt may still appear on your credit report for up to 7 years from the date of first delinquency

Restarting the clock

⚠In many states, including Utah, making a partial payment, signing a payment agreement, or acknowledging the debt in writing can restart the statute of limitations — giving the collector a new window to sue you. Never make a payment or written promise on old debt without understanding whether it resets the clock.

Zombie debt

Zombie debt is old debt — often past the statute of limitations — that resurfaces when a new collector purchases it for pennies on the dollar and attempts to collect. Common tactics include:

Calling about debts you do not recognize
Offering a "settlement" that is actually designed to restart the SOL
Filing a lawsuit hoping you will not respond and they can get a default judgment

✓If you are contacted about a very old debt, do not acknowledge it. Request written verification and check the statute of limitations before doing anything else.

Prepare for Your Consultation

Quick checklist (Debt Collection Defense)

Gather these before your first consultation.

All collection letters

(dates, amounts, collector names)

Account statements

(original creditor records)

Communication log

(calls, texts, voicemails)

General preparation tips only. Specific needs depend on your state and debt type.

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