On this page
The short answer
Section 78 B-2-309 generally allows six years for a contract, obligation or liability founded on a written instrument, with statutory exceptions. Section 78 B-2-307 separately provides four years for specified unwritten contracts and open accounts.
The Utah rule to identify first
Section 78 B-2-309 generally allows six years for a contract, obligation or liability founded on a written instrument, with statutory exceptions. Section 78 B-2-307 separately provides four years for specified unwritten contracts and open accounts.
- Covered claim: Written-instrument claims under §78 B-2-309; not automatically every account, negotiable note or judgment.
- Starting event: For a credit agreement as defined in §25-5-4, §78 B-2-309(2) measures from the latest of when the debt arose, a debtor written acknowledgment or promise, or a payment by the debtor or a third party. For specified unwritten/open accounts, §78 B-2-307(1) addresses the last charge or payment.
Sources: Utah Code §§78B-2-309 and 78B-2-307
What can change the period
- Official current chapter text, including 2026 enactments, was cross-checked against the indexed legislative PDF: (see linked source) . The individual §309 text remains the version effective May 14, 2019; do not use the pre-2019 superseded version lacking subsection 2.
- Review a proposed payment or acknowledgment before acting on an old account. The statutory credit-agreement definition and claim classification matter.
- Negotiable instruments may be governed by a separate UCC period and due-date or acceleration analysis. Do not assume the ordinary written-contract trigger controls a note.
- Checked October 19, 2026; no individualized expiration or legal-clearance conclusion.
Sources: Utah Code §§78B-2-309 and 78B-2-307; CFPB — old debts and limitation periods; CFPB Regulation F §1006.26 — time-barred debts; Utah Code §§78B-2-309 and 78B-2-307
Build the right timeline before making a payment
The first collection letter, the charge-off date, the date the account was sold and the date a lawsuit was filed are different events. A last-payment date alone cannot establish which legal claim is being sued on, which state’s law applies, whether the period was paused or whether a judgment already exists.
| Record | Why it matters |
|---|---|
| Original contract and amendments | Identifies the obligation, governing-law clause and any installment terms. |
| Full payment and charge history | Helps identify default, later payments and any claimed restart. |
| Default or acceleration notices | May matter for installment obligations or a demand for the entire balance. |
| Complaint and service papers | Show the actual claim, filing date, court and separate response deadline. |
| Prior judgment, bankruptcy or earlier lawsuit | Can change the legal framework or pause/extend particular periods. |
If you have already been sued
Utah Courts provides a debt-collection answer and permits filing through MyCase. Its separate summons guide explains that some debt cases begin with a Ten Day Summons before court filing. Do not confuse that notice with the ordinary answer period after filing; check the case status and summons instructions.
A limitation defense and a court-response deadline are separate questions. Keep the defense available through the proper filing or hearing procedure even while you request records or discuss settlement. A collector’s promise to review an account is not a court extension.
Sources: Utah court response resource
Court collection and credit reporting are separate
An account disappearing from a credit report does not establish that a lawsuit is too late. Likewise, a limitation period expiring does not by itself erase all records of the account. Federal collector rules restrict suing or threatening suit on time-barred debt, but the applicable state rule and the collector’s role still need to be identified.
Sources: CFPB — old debts and limitation periods; CFPB Regulation F §1006.26 — time-barred debts
Your starting checklist
Keep these records privately. You do not need to upload them here.
Checks stay on this page only.
Questions worth asking
- Can I calculate this from my last payment date?
- Does selling my account start a new period?
- Should I make a small payment on an old account?
Common questions
Can I calculate this from my last payment date?
Not reliably. The type of claim, accrual event, governing law, later activity and any pause or judgment can change the analysis. This guide supplies source rules, not an individualized finding that your debt is time-barred.
Does selling my account start a new period?
A sale to a collector is not by itself proof of a new cause of action. Obtain the original account timeline and investigate any alleged later payment or agreement.
Should I make a small payment on an old account?
First verify ownership, amount and the timing rules. Depending on the applicable law and whether the period has expired, a payment or written promise can affect your defenses.
Sources & further reading
- Utah Code §§78B-2-309 and 78B-2-307
- CFPB — old debts and limitation periods
- CFPB Regulation F §1006.26 — time-barred debts
- Utah court response resource
Sources checked October 19, 2026. Rules and programs can change. This article uses AI-assisted research and has not received attorney or other professional signoff. Read our editorial standards.
Keep exploring
Educational guidance for U.S. debt situations. This page does not decide legal rights, eligibility, fees or suitability. If you have a court, property or service deadline, seek appropriate help promptly; reading this page does not extend it.