Utah Code » Title 78B, Chapter 2 — Statutes of Limitations; part 78B-2-3 — Other than Real Property
Utah Code

Utah Code § 78B-2-309 (2026)

Within six years -- Mesne profits of real property -- Instrument in writing -- Fire suppression

✓ current as of May 2026
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An action may be brought within six years:
for the mesne profits of real property;
subject to Subsection (2), upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78B-2-311; or
to recover fire suppression costs or other damages caused by wildland fire.
For a credit agreement, as defined in Section 25-5-4, the six-year period described in Subsection (1) begins the later of the day on which:
the debt arose;
the debtor makes a written acknowledgment of the debt or a promise to pay the debt; or
the debtor or a third party makes a payment on the debt.
Notes of Decisions
Cited in 50 cases (19 in the last 5 years), 2011–2026 · leading case: Asset Acceptance LLC v. Stocks, 2016 UT App 84 (Utah Ct. App. 2016).
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Asset Acceptance LLC v. Stocks, 2016 UT App 84 (Utah Ct. App. 2016). · cites it 9× “Stocks seeks to challenge the court’s denial of his motion to set aside the judgment ‚based on the purely legal determination that a six- year statute of limitations—not a four-year statute of limitations—applies to credit cards under Utah law.”
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). · cites it 11× “§ 78B-2-309 (2012); id. § 70A-3-118 (2009)—that the applicable limitations period for a foreclosure action was six years.”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). · cites it 9× “All of Deleeuw's claims were premised on the argument that the general statute of limitations for written contracts, Utah Code section 78B-2-309, applied to the foreclosure and that the statute of limitations had expired.”
Federated Capital Corp. v. Libby, 2016 UT 41 (Utah 2016). · cites it 2× “§ 78B-2-309(2). 14 The district court applied Pennsylvania‘s four-year statute of limitations applicable to written contracts.”
DiMeo v. Nupetco Assocs., LLC, 2013 UT App 188 (Utah Ct. App. 2013). · cites it 5× “See Utah Code Ann. § 78B-2-309 amend. notes (LexisNexis 2012); id.”
Federated Capital Corp. v. Shaw, 2018 UT App 120 (Utah Ct. App. 2018). · cites it 2× “s, contending (1) that the district court erred by failing to sua sponte recognize that Shaw's answer did not adequately plead a statute-of-limitations defense; (2) that the district court erred by applying Utah's borrowing statute so as to import Pennsylvania's statute of…”
United States v. Johnson, 920 F.3d 639 (10th Cir. 2019). · cites it 2× “See Utah Code Ann. § 78B-2-309(2). The district court agreed with Appellees and dismissed the Government's third-party beneficiary claim as time-barred.”
Federated Capital Corp. v. Deutsch, 2018 UT App 118 (Utah Ct. App. 2018). · cites it 2× “See generally Utah Code Ann. § 78B-2-309 (LexisNexis 2012).”
Stacy S. v. Boeing Co. Emp. Health Benefit Plan, 344 F. Supp. 3d 1324 (D. Utah 2018). · cites it 2× “, 2016 WL 2888984 , at *2 (citing Utah Code § 78B-2-309(2) ). R. 1030. Dkt.”
State v. Apotex Corp., 282 P.3d 66 (Utah 2012). “§ 78B-2-309(2). The State did not preserve these issues below.”
Lilley v. JP Morgan Chase, 317 P.3d 470 (Utah Ct. App. 2013). · cites it 2× “Under this theory, they argue that the six-year statute of limitations set forth in Utah Code section 78B-2-309(2) applies because that statute allows for causes of action to be brought within six years "upon any contract, obligation, or liability founded upon an instrument in…”
Olsen v. Fair Co., 2016 UT App 46 (Utah Ct. App. 2016). · cites it 4× “Neither party disputes that Utah Code section 78B-2-309, which provides a six-year statute of limitations for claims brought under a written contract, applies here.”
Show all 50 citing cases →
— Utah Code § 78B-2-309(1) — 1 case
New York Life Ins. & Annuity Corp. v. Brinkley (D. Utah 2024).
— Utah Code § 78B-2-309(1)(b) — 13 cases
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). “§ 78B-2-309 (2012); id. § 70A-3-118 (2009)—that the applicable limitations period for a foreclosure action was six years.”
Accesslex Inst. v. Philpot, 2023 UT App 21 (Utah Ct. App. 2023).
Hunter v. Finau, 2024 UT App 17 (Utah Ct. App. 2024).
Val Peterson v. Tennant Metals, 2023 UT App 115 (Utah Ct. App. 2023).
RJT Real Est. Holdings, LLC v. Davis (Bankr. D. Utah 2021).
— Utah Code § 78B-2-309(2) — 24 cases
Asset Acceptance LLC v. Stocks, 2016 UT App 84 (Utah Ct. App. 2016). “Stocks seeks to challenge the court’s denial of his motion to set aside the judgment ‚based on the purely legal determination that a six- year statute of limitations—not a four-year statute of limitations—applies to credit cards under Utah law.”
Federated Capital Corp. v. Libby, 2016 UT 41 (Utah 2016). “§ 78B-2-309(2). 14 The district court applied Pennsylvania‘s four-year statute of limitations applicable to written contracts.”
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). “§ 78B-2-309 (2012); id. § 70A-3-118 (2009)—that the applicable limitations period for a foreclosure action was six years.”
United States v. Johnson, 920 F.3d 639 (10th Cir. 2019). “See Utah Code Ann. § 78B-2-309(2). The district court agreed with Appellees and dismissed the Government's third-party beneficiary claim as time-barred.”
Stacy S. v. Boeing Co. Emp. Health Benefit Plan, 344 F. Supp. 3d 1324 (D. Utah 2018). “, 2016 WL 2888984 , at *2 (citing Utah Code § 78B-2-309(2) ). R. 1030. Dkt.”
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