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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.

    What day is that? →Old Debts and Time Limits →
    • Utah Code 78B-2-305

    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.

    What day is that? →Old Debts and Time Limits →
    • Utah Code 78B-2-309
  • 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.

  1. 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.

    What day is that? →A Claim Against the Government →
  2. 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.

    What day is that? →A Claim Against the Government →
    • Utah Code 63G-7-403
  3. 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.

    What day is that? →A Claim Against the Government →
    • Utah Code 63G-7-403

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

How small claims works here →
  • Utah Code 78A-8-102
  • Utah Code 78A-8-106

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.