Is credit card debt written with a SOL of 6 years or open with a SOL of 4 years?
I was hoping a Utah attorney would step up to the plate & answer this question. Let's look at what a credit card debt is - did you obtain in with a written application? Even if that written application was online?
How did you incur the debt? Did you sign your name to the credit receipt to show approval of the transactions? Or did you virtually sign by entering a PIN number?
Sort of looks like a written debt to me.
Hope this perspective helps!
I suspect that your credit card is based on a written agreement. In that case, the credit card debt is subject to the six year limitation period set out in Utah Code § 78B-2-309. However, under Utah Code § 78B-2-113 that period can be extended if you make a payment, promise to pay the debt, or acknowledge the debt in writing. If you are sued by your credit card provider and the provider gets a judgment, the judgment is subject to an 8 year limitations period. However, judgments in Utah can be renewed. If you would like more information or need additional help I invite you to visit my website at www.UtahBankruptcyCounsel.com.