Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?
A: UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too often.
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