Utah Notice of Violation of Fair Debt Act - Creditor Misrepresented Himself
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In Utah, for most debts, a creditor has six years to take legal action on that unpaid debt. After the statute of limitations expires, a creditor or debt collector can no longer sue you for the debt.
Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.
Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that. Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
The FDCPA defines a "creditor" as the person or entity that extended you the credit in the first place (in other words, your original lender). Because the FDCPA is designed to protect debtors against third-party debt collectors, it doesn't apply to your original creditor or its employees.
In Utah, the statute of limitations for any signed written contract, obligation or liability is 6 years. For unwritten (verbal) contracts, obligations, or liabilities, the statute of limitation for an unpaid debt expires after 4 years.
Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.
If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.
7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.
In Utah, state tax debt has the shortest statute of limitations at just three years; most other forms of debt, such as credit cards and medical debt, have a statute of limitations of six years.
