Hurt, wronged, or owed money
THINKING ABOUT SUING
What Utah law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
The Utah guide does not carry this period yet. That is a gap in this guide, not a sign there is no limit.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
3 years
Suing over property or fraud
- From
- The injury, or for fraud or mistake its discovery
An action for taking or injuring personal property, or on the ground of fraud or mistake, may only be brought within three years.
4 years
Suing over property damage from a vehicle accident
- From
- The motor vehicle accident
An action for damage to a motor vehicle or other personal property from an accident involving a motor vehicle may be brought within four years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Suing on a written contract
- From
- The breach, or for a credit agreement the latest debt, written acknowledgment or payment
An action on a contract, obligation or liability founded on an instrument in writing may be brought within six years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
4 years
Suing on an unwritten contract or open account
- From
- The last charge made or the last payment received
An action on a contract not founded on a writing, or on an open store account or an account for work or materials, may be brought within four years.
Most other civil actions
The catch all period for a claim no other period covers.
4 years
Suing where no other period is provided
- From
- The claim arising
An action for relief not otherwise provided for by law may be brought within four years, the catch all period in the limitations chapter.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Utah guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
1 year
A notice of claim against the government
- From
- The day the claim arises
A claim against a governmental entity or its employee is barred unless a notice of claim is filed as the act requires within one year after the claim arises.
Step 2
60 days
The government's answer to a notice of claim
- From
- The filing of the notice of claim
The entity informs the claimant in writing that the notice was received and whether it believes it is the wrong entity, and no suit may be filed before 60 days have passed.
Step 3
2 years
Suing the government
- From
- The day the claim arises
The action against the governmental entity or its employee is commenced within two years after the claim arises.
SMALL CLAIMS COURT
The limit in Utah
Up to $20,000 including attorney fees but exclusive of court costs and interest
Utah Code 78A-8-102 — up to $20,000 through 2029, and 28 days to appeal
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Utah attorney.