Utah Complaint and Summons for Balance Due on Credit Card Account

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Multi-State
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US-03350BG
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Description

Filing a Complaint or Petition

Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.


A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.


Service of Process

This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

o That the defendant is being sued;

o The name of the Court in which he is being sued;

o When he must file an answer; and

o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.


The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.

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  • Preview Complaint and Summons for Balance Due on Credit Card Account
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How to fill out Complaint And Summons For Balance Due On Credit Card Account?

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FAQ

Summary: If you've been sued for a debt in Utah, you must respond within 21 days or you will lose by default. To respond, file a written Answer where you reply to each claim from the Complaint and assert your affirmative defenses. You can use SoloSuit to respond in just 15 minutes and win your lawsuit.

In Utah, the statute of limitations for any signed written contract, obligation, or liability is six years. For unwritten (verbal) contracts, obligations, or liabilities, the statute of limitation for an unpaid debt expires after four years.

The statute of limitations in Utah for any signed written contract is six (6) years. For unwritten or oral contracts, the statute of limitation for an unpaid debt expires or runs after four (4) years.

Statute of Limitations considerations for credit card collections. Utah law has established that credit card agreements are governed by the six-year limitations period of Utah Code § 78B-2-309, not the four year ?open account? statute, Utah Code § 78B-2-307.

Statute of limitations on debt for all states StateWrittenOralCalifornia4 years2Colorado6 years6Connecticut6 years3Delaware3 years346 more rows ?

Reporting of Medical Debt: The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports.

If you believe you already paid the debt, do not owe the debt, the amount is incorrect, or that it's not even your debt, you may send a written request to the debt collector to dispute the debt or receive more information.

Debts are yours forever. Statutes of limitation generally prevent debt collectors from collecting debts 3-6 years after they're reported delinquent. Unpaid debts can fall off your credit reports after 7 years.

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Utah Complaint and Summons for Balance Due on Credit Card Account