Utah Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Utah's Statutes Of Limitations. Utah phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Utah Fair Debt Collection Consumer Practices Guide summarizes Utah's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Utah Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Utah’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Utah Debt Exemption Law!
Utah Statutes
Utah has opted out of federal bankruptcy exemptions - Utah Code Annotated § 78-23-15.
Wages: Utah Code Annotated § 70C·7-103.
Homestead: Utah Constitution article xxn, § 1; Utah Code §§ 78-23-3, -4, and -9.
Tangible personal property: Utah Code Annotated §§ 39-1-47, 78-23-5 through -11.
Benefits, retirement plans, insurance, judgments, and other intangibles: Utah Code Annotated §§ 78-23-5 through -11.
Utah Debt Statutes of Limitation
Your debt may have expired under Utah’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Utah Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Utah Debt Statutes of Limitation
Any signed, written contract, obligation or liability: 6 years.
Unwritten contract, obligation or liability: 4 years.
Open account for goods, wares, merchandise, and services rendered or for the price of any article charged on a store account: 4 years.
NOTE: A written acknowledgement signed by the debtor revives the Statute of Limitations
Judgment or decree of any court or State of the United States: 8 years.
Utah Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Utah’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Utah law.
Utah Wage Garnishment Procedural Requirements
At any time when execution may issue on a judgment, upon proof by affidavit or otherwise to the satisfaction of the court that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding fifty dollars, not exempt from execution, the court may order such person or corporation or any officer or agent thereof, to appear before the court or a master at a specified time and place to answer concerning the same. Witness fees and mileage, if any, may be awarded by the court. Utah R. Civil. P. 69(l).
A writ of garnishment is available in aid of execution to satisfy a money judgment or other order requiring the payment of money. Utah R. Civil. P. 64D(a)(ii). The clerk of any court from which execution thereon may be issued shall issue a writ or writs of garnishment, without the necessity for an undertaking, upon the filing of an application by the plaintiff identifying the person sought to be charged as a garnishee, Statuteing whether such property consists in whole or in part of earnings from personal services, and Statuteing the remaining amount due on the judgment. Utah R. Civil. P. 64D(c).
The writ of garnishment shall be issued in the name of the Statutee of Utah and shall be directed to the person or persons designated in the plaintiff's application as garnishee or garnishees, advising each such person that each is attached as garnishee in the action, and commanding each of them not to pay or deliver any nonexempt Property Subject to Garnishment as defined in Subdivision (a)(iii) in their possession, custody, or control, or part thereof, due or to become due to the defendant up to the amount remaining due on the judgment and to retain possession and control of all such property until further order of the court or as otherwise discharged or released. At the time the writ of garnishment is issued, the clerk shall attach to the writ a notice of garnishment and exemptions, interrogatories to the garnishee and two copies of an application by which the defendant may request a hearing. Utah R. Civil. P. 64D(d)(i).
The plaintiff shall provide a $10 fee to the garnishee. Utah R. Civil. P. 64D(d)(ii). The writ and any related order shall be served upon the garnishee by a sheriff, constable, deputy, or such other person designated by court order and return thereof made in same manner as a return of service upon a summons. All other service may be by first class mail or hand delivery. Utah R. Civil. P. 64D(e).
Costs shall be allowed as a matter of course to the plaintiff and against the defendant in the pursuit of any garnishee action instituted after judgment unless the court otherwise directs. However, where an appeal or other proceeding for review is taken, costs of the garnishee action shall abide the final determination of the cause. The plaintiff must serve upon the defendant a copy of a memorandum of the items of necessary costs and disbursements in the garnishee action or actions, and file with the court a like memorandum duly verified Statuteing that the items are correct, the disbursements have been necessarily incurred in the garnishee action, and the items of costs have not been claimed in any previous memorandum. Utah R. Civil. P. 64D(t).
Interest Rate at which Judgments Accrue Any judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties, which shall be specified in the judgment.
Other judgments shall bear interest at the federal post judgment interest rate (as established for the federal court system under 28 U.S.C. _ 1961, as amended) as of January 1 of each year, plus two percent. Utah Code Ann. _ 1514. Applicable Forms Interrogatories, Utah R. Civil. P. 64D(d)(ii). Contents of Notice of Garnishment and Exemptions, Utah R. Civil. P. 64D(d)(iv). 4.0.
Utah (Debt Collector) Call Recording Law
Under Utah State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Utah is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Utah.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
