How to Settle a Debt in Utah

Sarah Edwards | January 10, 2023

Edited by Hannah Locklear

Facing a debt lawsuit will make anyone worry about their financial future. No one wants to suffer the repercussions of losing a debt lawsuit, which may include a judgment that allows the creditor to garnish wages or even freeze bank accounts.

Fortunately, you have alternatives if facing a debt lawsuit in Utah. You can attempt to settle your debt before your court date, allowing you to save some money, resolve the issue, avoid a judgment, and start over financially.

You should understand the rules concerning debt collection and settlement in Utah and the best steps to take before starting the process. In this article, we’ll explain everything you should know to settle a debt in Utah.

Let’s get started.

Settle your debt with less stress when you work with SoloSuit.

Follow these 3 steps to settle a debt in Utah

We’ve broken down the debt settlement process into three easy-to-follow steps:

1. Respond to the debt lawsuit with an Answer.
2. Make a settlement offer to start the negotiation process.
3. Get the settlement agreement in writing.

Now, let’s break down each of these steps in detail. Don’t like reading? You can check out this video instead:

1. Respond to the debt lawsuit with an Answer

When a debt collector or creditor decides to file a lawsuit against you, they’ll begin the process by filing a Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists the reasons the debt collector is pursuing legal action against you. They’ll probably state that you haven’t abided by the terms of your repayment agreement.

In the Complaint, the debt collector will also list the outstanding balance of your obligation, along with interest and fees.

Many people make their first mistake by failing to respond to the Complaint. When you don’t respond to a lawsuit, you open yourself up to a potential default judgment. Your creditor can ask that the court grant them a ruling in their favor since you haven’t defended yourself. This ruling is called a default judgment.

With a default judgment, creditors and debt collectors can garnish your wages, seize your property, and even freeze your bank account.

Even if you plan to resolve your case well before your court date, you should still respond to the creditor’s Complaint. Your response is known as an Answer.

You have 20 days to file an Answer to a debt lawsuit in Utah. Your Answer gives you the opportunity to defend yourself. You’ll list your reasons for nonpayment of the debt and your defenses.

A few typical reasons people use to defend themselves in an Answer include a lack of business relationship with the debt collector and expiration of the statute of limitations. However, many other defenses may be appropriate to your situation.

Make the right defense the right way with SoloSuit.

2. Make an offer to start the negotiation process

Your next step is determining how much you can afford to pay in a settlement. You should review the amount of money you have in savings and evaluate whether you’ll be able to save any more in the upcoming weeks.

If you don’t have much money available, consider selling a few objects in your home that you don’t need. You can also ask friends or family for help or take on a few odd jobs to earn quick cash.

We recommend that you start the negotiation process with an offer of around 60% of the total value of your debt. For example, if you owe $3,000 to a creditor, you would offer to pay $1,800 to settle under the 60% guideline.

If you can’t afford to pay 60% of your debt, provide an offer you can reasonably afford. You should explain your financial circumstances to the debt collector or creditor. They may be able to work with you to arrive at a reasonable payment arrangement.

Once you start the negotiation process with your creditor, it’s common to go through several rounds of bargaining before you reach an agreement. Before accepting any offer, make sure you can afford it. If you can’t reasonably pay it, the deal will fall through, and your creditor will proceed with the lawsuit.

Navigate the negotiation process faster and smoother with SoloSettle.

3. Get the settlement agreement in writing

When you have a deal with your creditor, make sure to get it in writing before transferring any money. A written agreement protects you if the creditor or debt collector decides to renege on their end of the contract.

Your agreement should contain specific information, including the amount of money you’ll pay to settle the claim, when the payment is due, and where you should send the money. Your contract should waive any further rights of the creditor to the remaining debt balance.

You can prepare your settlement agreement before the negotiations with your creditor. Once you have a deal, you’ll simply insert the relevant information before signing it and sending it to them. Here’s a debt settlement agreement example, for your reference, with a preview attached below:

You’ll notice that the agreement includes a place for a notary to sign for both parties. Notarizing your contract ensures that both you and your creditor have a witness for the terms of the deal.

SoloSettle manages the debt settlement agreement document for you.

Let’s take a look at an example of debt settlement in Utah.

What are Utah’s debt collection and debt settlement laws?

Utah's primary protections for debtors are through the federal government’s Fair Debt Collection Practices Act (FDCPA). The FDCPA places specific limitations on debt collectors. Under the law, debt collectors and creditors cannot:

• Contact a person at their place of employment if the debtor asks them not to.
• Tell someone they’ll go to jail for failing to pay a debt.
• Call the debtor at odd times of the day, like after 9 p.m. or before 8 a.m.
• Use obscene or threatening language against a debtor.
• Tell the debtor they’re taking legal action if they don’t have a right to do so.

Utah has statute of limitations laws that limit the time a creditor can pursue legal action against a creditor. Under UT Code § 78B-2-307 (2015), creditors can sue a debtor for verbal or open accounts for up to four years. UT Code § 78B-2-309 (2015) limits the collection of written accounts to six years.

If a creditor files a lawsuit against you for a debt outside the state’s statute of limitations, you can ask the court to dismiss the case. However, dismissing the case does not mean you don’t owe the money. Your creditor can continue to report your account to the credit reporting agencies, send you collection notices, and call you.

Finally, the Federal Trade Commission has recently amended the Telemarketing Sales Rule to expand debt settlement regulations to all debt relief organizations and companies. All 50 states, including Utah, are governed by this Rule as it relates to debt settlement practice.

Under the new Rule, any company that provides debt relief services, namely debt settlement companies, cannot:

• Charge upfront fees. Debt settlement companies cannot collect any fees from a consumer before the debt has been effectively settled or otherwise resolved.
• Fail to disclose certain information about its services before a consumer enrolls in the program. This includes how much the service costs, how long it takes to see results, how much money must be saved before a settlement offer is made, consequences that may occur if the consumer fails to make payments on time, customer’s rights, and other important terms.
• Misrepresent their services. No false or unsubstantiated claims can be made regarding a debt settlement company’s services.

What’s the best debt settlement company?

Several debt settlement companies can assist you through the settlement process. Here are a few of our top recommendations.

SoloSettle

SoloSettle, powered by SoloSuit, is unique among debt settlement companies because it offers settlement services to those facing debt lawsuits, and it does not have a debt amount requirement. Where most debt relief companies require your debt to be at least $10,000 or more, SoloSettle can help you settle a debt of any size.

We proactively work with creditors and debt collectors to reach an agreement before the court date. Once you approve the settlement, we’ll manage the payment process, so you won’t need to give away your bank details or financial information.

Check out this review from a real SoloSettle customer:

“I'm very thankful for SoloSettle.. Having a third party negotiate the settlement was instrumental in resolving this case and saved me from two giant headaches: 1) I didn't have to deal with the plaintiff's lawyer and 2) I didn't have to go to court. I also love that the payment was processed through SoloSettle. I was nervous about sharing my personal financial data with the other side, but SoloSettle protected that for me. I hope I never get sued again, but if I do, I would use SoloSettle again in a heartbeat.

"SoloSettle really saved me a ton of time and heartburn and kept me from having to be my own lawyer in court.”

Accredited Debt Relief

Once a consumer starts debt settlement with the help of Accredited Debt Relief, they’ll make monthly payments to the company. Most Accredited Debt Relief programs last between two and four years and have fees of 15% to 25% of the individual’s total debt.

Freedom Debt Relief

Freedom Debt Relief is one of the oldest debt settlement companies in America. Since 2002, the company has helped thousands of consumers settle over $10 billion in debt. Like Accredited Debt Relief, Freedom Debt Relief charges fees of between 15% and 25% for its services.

What are the best ways to contact a creditor?

If you’re ready to initiate the debt settlement process, you can call, email, or write to your creditor.

We strongly recommend email for communicating with creditors since it provides a written record of the conversation. You’ll also avoid being put on the spot by a debt collector, which can happen in a phone call.

However, if you prefer to communicate with the debt collector over the phone, you can do so. We advise that you record the conversation to refer to it if you need to. Under UT Code § 77-23a-4, you can record a phone call as long as one party — in this case, you — provides consent.

FAQs on how to settle a debt in Utah

Most people have questions about debt settlement in Utah, especially if they’ve never tried it before. Here are answers to a few typical questions.

Q. What percentage of debt should you offer to settle?

We recommend you offer at least 60% of your debt in a settlement. If you don’t have that much available, offering less is okay. Provide an offer that you can reasonably afford. The debt collector may be able to work with you if you explain your financial circumstances.

Q. How long before a debt becomes uncollectible in Utah?

As long as a debt remains unpaid and unsettled, it is still collectible, no matter how old. However, debt collectors cannot pursue legal action against you for the debt once it passes the statute of limitations. Open and verbal obligations have a four-year statute of limitations, while written debts have six years.

Q. Can I do my own debt settlement?

Yes, it is possible to handle your own debt settlement. You’ll need to study how it works, then begin attacking your debts one by one. It’s possible to save money through debt settlement and alleviate your financial problems, but it will require some work.

How to get debt relief in Utah

SoloSuit has several guides with more information about debt relief and debt settlement in Utah. Here are a few you may peruse:

• How to Get Debt Relief in Utah | SoloSuit Blog
• Statute of Limitations on Debt in Utah | SoloSuit Blog
• How to File a Motion to Satisfy Judgment in Utah | SoloSuit Blog
• The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah (2022) | SoloSuit Blog
• Utah Court Case Search — Find Your Lawsuit | SoloSuit Blog

Getting out of debt is possible with some work

It is possible to improve your financial situation with the help of debt settlement. If you put in the work, save your money, and negotiate frankly with your creditors and debt collectors, you can avoid bankruptcy and slowly rebuild your finances.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
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• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
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• Rhode Island
• South Carolina
• South Dakota
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• Texas
• Utah
• Vermont
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• West Virginia
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Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

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How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

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How to Make a Debt Validation Letter - The Ultimate Guide

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West Virginia Statute of Limitations on Debt

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