Utah Debt Collection Laws: Your Rights Beyond the FDCPA

In Utah, the clock a debt collector races against is set by Utah Code § 78B-2-309: most debts based on a written contract carry a six-year statute of limitations, while debts on an open or unwritten account (such as many credit-card and store accounts) generally fall under a four-year limit under Utah Code § 78B-2-307. Once that window closes, the debt still exists, but a collector loses the ability to win a lawsuit against you if you raise the deadline as a defense. Unlike some states, Utah has not enacted a sweeping state-law clone of the federal Fair Debt Collection Practices Act (FDCPA); instead, your protections come from the federal FDCPA combined with the Utah Consumer Sales Practices Act and Utah's court and exemption rules. Knowing which Utah rule applies to your situation is what separates an enforceable claim from an empty threat.

Utah's Own Consumer-Protection Framework

The federal FDCPA (15 U.S.C. § 1692 and following) is the national baseline. It bars third-party collectors from harassment, false statements, calling at unreasonable hours, and contacting you after you send a written request to stop. That federal law applies in Utah just as it does everywhere else, and it is often a Utah consumer's strongest tool.

Layered on top is the Utah Consumer Sales Practices Act (UCSPA), found in Utah Code Title 13, Chapter 11. The UCSPA prohibits deceptive and unconscionable acts in connection with consumer transactions. While it is broader than debt collection alone, it can reach abusive or misleading collection conduct tied to a consumer transaction, and it is enforced by the state. Utah also regulates certain credit and lending conduct through additional Title 13 chapters and through the courts' rules on judgments and garnishment.

One practical point that surprises many Utahns: Utah does not maintain a comprehensive state licensing or registration scheme specifically for third-party debt collection agencies the way states such as Washington or Colorado do. A collector operating in Utah must still obey the federal FDCPA and Utah law, but you generally cannot demand to see a Utah "collection agency license" the way you could in a licensing state. Because licensing rules can change, confirm the current requirement with the Utah Department of Commerce before relying on this.

Protections That Go Beyond the Federal Baseline

Wage garnishment limits

The federal Consumer Credit Protection Act caps garnishment of disposable earnings at the lesser of 25% of disposable weekly earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage. Utah follows this federal ceiling, and Utah courts use a continuing writ of garnishment that can apply to a worker's wages over multiple pay periods rather than requiring a fresh writ each payday. That means a single judgment-creditor garnishment can keep pulling from your paycheck until the debt, interest, and costs are satisfied or the writ expires. Certain income, such as Social Security and many federal benefits, is generally protected from ordinary garnishment under federal law.

Exempt property and the homestead

Utah's exemption statutes (the Utah Exemptions Act, Utah Code Title 78B, Chapter 5) shield part of your property from creditors who win a judgment. Utah provides a homestead exemption for a primary residence and smaller protections for items such as household furnishings, certain tools of the trade, and a motor vehicle up to a set value. These dollar figures are adjusted over time, so rather than rely on a number that may be outdated, confirm the current homestead and personal-property amounts directly with the Utah State Courts self-help resources or the statute as of 2026. The key takeaway is that even a valid judgment does not let a creditor take everything.

Validation, disputes, and the credit-reporting overlap

Under the federal FDCPA, within five days of first contacting you a collector must send written validation of the debt, including the amount and the name of the creditor, and must give you the right to dispute it in writing within 30 days. If you dispute in time, the collector must stop and verify the debt before resuming. Separately, the federal Fair Credit Reporting Act (FCRA) gives every Utah consumer the right to dispute inaccurate collection accounts on a credit report and to be told who furnished the information. Using the FDCPA validation right and the FCRA dispute right together is often the fastest way to stop collection on a debt that is not yours or that is past the Utah statute of limitations.

Watch for Time-Barred Debt

Because Utah's limitations periods are six years for written contracts and generally four years for open accounts, much old credit-card debt is unenforceable in court after four years from the default. A collector may still ask you to pay, and that is legal, but suing on a time-barred debt or threatening to sue when the deadline has passed can violate the federal FDCPA. Be careful: making a partial payment or signing a new written promise can restart or revive the limitations clock in some circumstances. If a debt is old, get written confirmation of the dates before paying anything, and consider consulting a Utah attorney about whether the deadline has run.

How to Enforce Your Rights

If a collector breaks the rules, you have several routes, and you can use more than one at the same time:

  • File a Utah state complaint. The Utah Division of Consumer Protection, within the Utah Department of Commerce, accepts consumer complaints about deceptive business practices, including collection conduct tied to a consumer transaction under the UCSPA. The Utah Attorney General's Office is the state's chief law-enforcement agency for consumer protection and works with the Division to investigate and bring enforcement actions; its consumer-protection unit also accepts and routes complaints. Filing creates a record the state can act on.
  • File a federal complaint. Report FDCPA and FCRA violations to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). These agencies track collector behavior nationwide.
  • Sue under the FDCPA. The federal FDCPA lets you sue an abusive third-party collector in state or federal court, with statutory damages up to $1,000 plus actual damages, and it allows recovery of attorney fees and costs if you win, which is why many consumer attorneys take these cases.
  • Raise defenses in any collection lawsuit. If you are sued, respond by the deadline on the summons. Do not ignore it; an unanswered complaint usually becomes a default judgment that allows garnishment. Raise the statute of limitations, lack of standing, or wrong-amount defenses in your written answer.

Where to Verify Utah's Rules

Laws and dollar thresholds change, so before you act, confirm the current figures with primary Utah sources. The Utah Legislature publishes the full statutes online, including Title 78B (limitations and exemptions) and Title 13 (consumer protection). The Utah State Courts website offers self-help pages on garnishment, exemptions, and answering a debt lawsuit. For complaints and the current state of collector regulation, go to the Utah Division of Consumer Protection at the Department of Commerce and the Utah Attorney General's Office. When in doubt about a deadline, an exemption amount, or whether a debt is time-barred, talk to a licensed Utah attorney; the cost of a short consultation is small compared with a default judgment and years of garnishment.

This page is based on Utah law. Limits and deadlines change — verify the current details directly with the official Utah sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Utah’s own rules.

Frequently asked questions

What is the statute of limitations on debt in Utah?

Utah generally allows six years to sue on a debt based on a written contract (Utah Code § 78B-2-309) and about four years on an open or unwritten account such as many credit cards (§ 78B-2-307). After the deadline, you can raise it as a defense, but making a payment or signing a new written promise may restart the clock, so verify the dates before paying.

Do debt collectors have to be licensed in Utah?

Utah does not maintain a comprehensive state licensing scheme specifically for third-party collection agencies the way some states do. Collectors must still follow the federal FDCPA and Utah law. Because licensing rules can change, confirm the current requirement with the Utah Department of Commerce.

How much of my paycheck can be garnished in Utah?

Utah follows the federal cap: a creditor can take no more than 25% of your disposable weekly earnings, or the amount your weekly pay exceeds 30 times the federal minimum wage, whichever is less. Utah uses a continuing writ of garnishment, so one judgment can pull from multiple paychecks. Social Security and many federal benefits are generally protected.

Where do I file a debt-collection complaint in Utah?

File with the Utah Division of Consumer Protection within the Department of Commerce, which handles deceptive-practice complaints under the Utah Consumer Sales Practices Act. The Utah Attorney General's Office is the state's consumer-protection enforcer and also accepts complaints. For federal FDCPA or FCRA violations, also report to the CFPB and FTC.

Can a collector sue me on a very old debt in Utah?

A collector can ask you to pay an old debt, but suing on a debt past Utah's statute of limitations, or threatening a lawsuit they cannot legally win, can violate the federal FDCPA. If you are sued, respond by the deadline and raise the statute of limitations as a defense rather than ignoring the summons.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

Knowing your rights is the first step

Join thousands committing to calmly and consistently exercise their constitutional rights.

Take the Pledge