Need a Utah resident to reply or PM me.

[DonqIII 34]

I have a friend who lives in Utah.

 

I need to find out

 

#1. If credit card SOL is 4 years or 6 in Utah.

 

#2. If a partial, (even $10.) payment will restart the clock. Or if it is date of first delinquency.

 

My friend has a process server trying to get to him and his six years is running out  soon.

 

I cannot seem to find the info....

 

thanks.

 

[Clydesmom 1,222]

#1. If credit card SOL is 4 years or 6 in Utah.

 

  In Utah it is 6 years:  

Utah 6 years 78B-2-309* State law * Utah courts generally apply law of the card issuer's state.

 

However, UT courts usually use the borrowing statute of the issuing state of the CC.  It would be important to know what card issuer is suing him and what state is listed is governing in the CC agreement.

 

#2:  

 

My friend has a process server trying to get to him and his six years is running out  soon.

 

Dodging the process server will not allow him to escape the lawsuit.  If they filed the lawsuit before the SOL expires then it is timely and when he is served doesn't affect it.  Once the case was filed the SOL was tolled (stops running) and doesn't restart unless he is never served and the case is dismissed for any reason.  

[BV80 2,818]

@DonqIII

 

I'm not a UT resident, but I found this:

 

78B-2-113.  Effect of payment, acknowledgment, or promise to pay.

(1)    An action for recovery of a debt may be brought within the applicable statute of limitations from the date:

(a)    the debt arose;
(b)   a written acknowledgment of the debt or a promise to pay is made by the debtor; or
©    a payment is made on the debt by the debtor.

(2)    If a right of action is barred by the provisions of any statute, it shall be unavailable either as a cause of action or ground for defense.