Can I get served in Utah after 6 years have passed?
Question Details: I used to have a GoldsGym account until I decided to not go anymore and stop paying aswell, It's been 6 years since and now this people are harassing me telling me I'll be "Served"... Can they legally do that? I mean, I understand that after 4 years they can't do anything. Anyone?
Business Law Answers
The time in which a lawsuit can be filed is known as the "statute of limitations". After that time a claim is said to be "stale" (i.e. too old"). In UT for an unsecured debt such as a credit card, for example, the statute of limitations is 4 years. However, for a written contract, the time in which a suit can be brought is 6 years.
What you need to do now is try and work some some kind of payment arrangement. After such a long period of time this debt has probably been sold to what is known as a "scavenger collector"; this is a company that purchases old debts form the original creditors for pennies on the dollar. As a result you may be able to settle this claim for as little as 20-25% of the original amount of the claim.
Just know, that if you fail to reach an agreement and they obtain a judgement against you, they can garnish a portion of your wages and seize your bank account(s).
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