Utah No Longer Licenses Collection Agencies
A 2023 law repealed Utah's collection-agency registration and its $10,000 bond outright.
Utah historically required collection agencies to register with the Department of Commerce's Division of Corporations and to post a $10,000 bond under Utah Code Title 12, Chapter 1. That changed during the 2023 legislative session: House Bill 20 repealed Utah Code §§ 12-1-1 through 12-1-10, eliminating both the registration and the bond. The Division of Corporations confirms that, effective May 3, 2023, it no longer requires a collection agency operating in Utah to apply for that registration or submit the associated bond (Utah Division of Corporations). What survives in Chapter 1 is § 12-1-11, which governs collection fees rather than licensing. An agency still has to register its business entity if it's organized or doing business in Utah, and it remains fully subject to Utah's consumer-protection statutes, but there is no standalone collection-agency license to hold.
Two Limitations Clocks: Written Leases vs. Oral or Open Accounts
A written lease gets six years in Utah; an oral or open-account balance gets four.
Unpaid rent is generally a contract debt, and Utah splits contract debt into two limitations periods. A written rental agreement falls under Utah Code § 78B-2-309, which allows six years for an action on a written instrument. An oral agreement or an open account falls under § 78B-2-307, which allows four years, running from the last charge made or the last payment received on the account. The distinction matters at placement: whether a given balance carries a six-year or four-year window depends on whether it rests on a signed lease or a looser month-to-month or oral arrangement, and on when the last activity on the account occurred.
| Claim type | Limitations period |
|---|---|
| Written lease | 6 years (Utah Code § 78B-2-309) |
| Oral agreement / open account | 4 years from last charge or payment (§ 78B-2-307) |
| Judgment duration | 8 years, renewable before expiry (§ 78B-5-202 / § 78B-2-311) |
For how Utah's timeline compares to Arizona, Oregon, Texas, and Washington, and what a payment or written acknowledgment does to the clock, see Statute of Limitations on Rent Debt: A State-by-State Guide.
Utah's Consumer-Protection Overlay
Dropping the license didn't drop the conduct rules; two separate statutes still police collection behavior.
Even without a licensing regime, collection conduct in Utah is reachable under state law. The Utah Consumer Sales Practices Act (Title 13, Chapter 11) prohibits deceptive and unconscionable acts in consumer transactions, and it's enforced by the Division of Consumer Protection within the Department of Commerce, with a private right of action available to consumers. For debts structured as consumer credit, the Utah Consumer Credit Code (Title 70C) adds further limits, including a bar on garnishing wages before judgment under § 70C-7-102 and penalties for unconscionable consumer-credit arrangements under § 70C-7-106. Deceptive rent-collection tactics, such as misrepresenting eviction consequences or charging undisclosed fees, can trigger exposure under these statutes independent of the FDCPA.
Wage Garnishment and the 25% Cap
Utah's wage-garnishment ceiling tracks the familiar federal formula, with a one-year continuing writ.
Utah wage garnishment operates under Rule 64D of the Utah Rules of Civil Procedure. For an ordinary judgment, a creditor may reach the lesser of 25% of the debtor's disposable earnings or the amount by which those earnings exceed 30 times the federal minimum wage per week. For a judgment arising from a consumer-credit agreement, § 70C-7-103 imposes the same cap (and a lower 15% figure for education-loan judgments). A writ of continuing garnishment against wages runs for one year, or 120 days if a later writ is served, and can be renewed until the judgment is satisfied. Utah's Exemptions Act separately shields certain earnings and property, and debtors can assert those exemptions through a court reply, so a realistic recovery estimate on a Utah rent judgment has to account for both the cap and available exemptions.
Security Deposits and the 30-Day Clock
A move-out balance isn't final until Utah's 30-day deposit window has run.
Utah's residential deposit rules sit in Title 57, Chapter 17. Under § 57-17-3, no later than 30 days after the renter vacates and returns possession, the landlord must deliver the balance of any deposit, the balance of any prepaid rent, and a written notice itemizing and explaining each deduction. If the landlord doesn't comply, the renter can serve a statutory notice, and continued non-compliance exposes the landlord to the full deposit, the full prepaid rent, and a $100 civil penalty, plus potential costs and fees. Because deposit application and these penalties can materially change what's actually owed, a Utah move-out account should generally be treated as final for placement only after the 30-day window has run and any required refund or itemization is complete.
Late Fees and Collection Fees Have Hard Limits
Utah caps late fees by statute and only allows collection fees the lease specifically authorizes.
The Utah Fit Premises Act, § 57-22-4, caps a residential late fee at the greater of 10% of the agreed rent or $75, and it bars charging any fee, interest, or other cost that isn't included in the rental agreement (a month-to-month agreement can add one only with 15 days' notice). Separately, § 12-1-11, the one surviving piece of the old collection-agency chapter, governs when a tenant can be made liable for a collection fee: the written agreement that creates the debt must provide for it, and the fee can't exceed the lesser of the actual amount the creditor pays the agency or 40% of the principal owed. The practical takeaway for placement is that only unpaid rent, late fees within the statutory cap, and collection fees the lease expressly authorizes should ever be placed for collection in Utah.
Frequently Asked Questions
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Does Utah require collection agencies to be licensed?
No. Effective May 3, 2023, House Bill 20 repealed Utah's collection-agency registration statute and the associated $10,000 bond. An agency collecting from Utah residents still must register its business entity with the Division of Corporations and remains subject to Utah's consumer-protection and fee statutes, but there is no separate collection-agency license or bond requirement.
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What is the statute of limitations on unpaid rent in Utah?
Six years for a written lease under Utah Code Section 78B-2-309, and four years for an oral agreement or open account under Section 78B-2-307. The four-year period runs from the last charge made or last payment received on the account.
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How long does a Utah landlord have to return a security deposit?
Thirty days after the renter vacates and returns possession, under Utah Code Section 57-17-3. Within that window the landlord must return the deposit and any prepaid rent, or send a written notice itemizing each deduction. Non-compliance can expose the landlord to the full deposit, full prepaid rent, and a $100 civil penalty.
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What is the maximum late fee a Utah landlord can charge?
Under the Utah Fit Premises Act, Section 57-22-4, a late fee may not exceed the greater of 10 percent of the agreed rent or $75. The fee, and any interest or other charge, must be included in the written rental agreement to be enforceable.
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How much of a tenant's wages can be garnished in Utah?
The maximum is the lesser of 25 percent of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, under Rule 64D and, for consumer-credit judgments, Utah Code Section 70C-7-103. A writ of continuing garnishment for wages runs for one year, or 120 days if a later writ is served, and can be renewed until the judgment is paid.
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Can a Utah landlord add collection fees to what a tenant owes?
Only if the written agreement that creates the debt also provides for the collection fee, under Utah Code Section 12-1-11. When it does, the fee may not exceed the lesser of the actual amount the creditor must pay the agency or 40 percent of the principal owed.