Utah Collections Questions & Answers

Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Answered on Aug 1, 2017
Wesley Winsor's answer
I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls.

Subsection 5 states:

Section 806(5) prohibits contacting the...

Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?

1 Answer | Asked in Collections for Utah on
Answered on Sep 3, 2015
Jefferson S Cannon's answer
You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.

Q: Should I take this to court or sign a stiputlation of judgement

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney's office and make a settlement offer. Most Plaintiff's/Creditors are more than willing to try and work out settlement arrangements right now. Especially on sold debt.

Q: Can a civil judgement be put on you when no attempt to contact was ever done?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.

Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
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.

Q: If I go into a payday loan say I want to pay a loan off can they tell me how much that person owes without ID

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
No, they can't disclose any information without a release from the individual. There may be some ways around that without disclosing information but it's a fine line.

Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.

Q: Can I file a Lien

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.

Q: If my spouse passes away and he has co-signed on loans for family members am I liable?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.

Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?

1 Answer | Asked in Collections for Utah on
Answered on Aug 31, 2015
Jefferson S Cannon's answer
Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be sued but the likelihood is low.

Q: I received a summons for an upaid medical bill. The bill is less than $1500. What are my options?

1 Answer | Asked in Collections for Utah on
Answered on Apr 18, 2013
Rachel Lea Hunter's answer
Try to settle for 50% or as little as possible if you have the funds to pay in a lump sum. If you do not have the funds, then see if the lawyer for the hospital will put you on the "easy payment plan" and let you pay $100 a month until the debt is repaid.

Of course, this assumes this is your debt and that there are no valid defenses (like the statute of limitations) or other issues. If there are, then you may want to consult an attorney who specializes in collection/credit card...

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