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I received a 10 day summons to submit a answer for a debt collection. What do I do next?

Orem, UT |

I received a 10 day summons to submit a answer. I don't know what to do next. I think that my debt is past the statue of limitations for the State of Utah. How do I respond

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Attorney answers 2

Posted

File a Response to the Complaint. If the debt has passed its Statute of Limitations, plead the running of Statute of Limitations as an Affirmative Defense. It is very important that you respond to the Complaint because if you fail to respond, your creditor would get a Default Judgment against you and you would have then missed the opportunity to plead the running of the Statute of Limitations as an Affirmative Defense. Statute of Limitations on written contracts in Utah is 6 years and Statute of Limitations on verbal contracts and open accounts is 4 years. Credit cards usually fall under open accounts.

Posted

For more information and for self help forms in Utah on how to answer a complaint, you can go here: http://www.utcourts.gov/howto/answer/

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