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Utah Demand Letter

This letter applies Utah's dishonored-check demand ladder, its notice-free Consumer Sales Practices Act, and its small claims, interest, and limitations rules.

Find out where you stand in Utah

What is this demand about?

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Introduction

If a check you were given for a debt is dishonored, Utah Code Section 7-15-1 turns your written demand into a real financial escalator. You may add a flat $20 service charge to the check amount right away (Section 7-15-1(2)(b)). If that total is not paid within 15 calendar days after your demand is mailed, you may also add collection costs of up to $35 (Section 7-15-1(4)). If the amount remains unpaid 30 calendar days after the demand was mailed, the issuer becomes liable for the check amount, collection costs, interest, court costs, reasonable attorney fees, and damages equal to the greater of $100 or three times the check amount, capped at the check amount plus $500 (Section 7-15-1(7)(b)). Suing before the 31st calendar day after the demand is mailed forfeits that entire structure and caps recovery at the bare check amount (Section 7-15-1(7)(d)). Outside a dishonored check, Utah asks less of a demand letter than many states: the Utah Consumer Sales Practices Act's private right of action, Utah Code Section 13-11-19, has no pre-suit notice or demand requirement at all, and a court may award attorney fees to the consumer if the supplier violated the Act, or to the supplier if the consumer knowingly brought a groundless action, and only after judgment or a court-required settlement (Section 13-11-19(5)). A separate statute, Utah Code Section 78B-5-826, lets a court award fees to the prevailing party only when the contract itself already allows at least one party to recover them, and it does not depend on a demand or presentment step. If your claim is for a security deposit or a final paycheck, use DocDraft's security deposit demand letter or final paycheck demand letter pages, which are built around those specific statutes. This page builds an ordinary demand letter into Utah law, with attorney review available before you send it.

Key Things to Know

  1. 1

    If a check you receive is dishonored, Utah Code Section 7-15-1 lets you add a $20 service charge right away, add collection costs of up to $35 if that amount is not paid within 15 calendar days after your written demand is mailed, and recover the check amount, collection costs, interest, court costs, attorney fees, and damages equal to the greater of $100 or three times the check amount, capped at the check amount plus $500, if the debt remains unpaid 30 calendar days after the demand was mailed; suing before the 31st calendar day after mailing forfeits this entire structure and caps recovery at the bare check amount.

  2. 2

    The Utah Consumer Sales Practices Act's private right of action, Utah Code Section 13-11-19, has no pre-suit notice or demand requirement at all, and a court may award attorney fees to the consumer if the supplier violated the Act, or to the supplier if the consumer knowingly brought a groundless action, and only after judgment or a court-required settlement.

  3. 3

    Utah Code Section 78B-5-826 lets a court award attorney fees to the prevailing party only when the underlying contract already allows at least one party to recover them; it does not depend on a demand or presentment step.

  4. 4

    A Utah Justice Court hears small claims up to $20,000, including attorney fees but exclusive of court costs and interest (Utah Code Section 78A-8-102(1)(a)(i)), and unlike some states, Utah allows both sides to bring a lawyer.

  5. 5

    Utah gives six years to sue on a written contract, four years on an oral contract or open account, and three years for injury to personal property, or four years for property damage from a motor vehicle accident (Utah Code Sections 78B-2-309(1)(b), 78B-2-307(1)(a)-(c), 78B-2-305(1)(a)(ii), and 78B-2-307(3)).

  6. 6

    If the parties did not agree on a rate, Utah Code Section 15-1-1 sets the legal interest rate at 10 percent a year for a written, verbal, or implied contract; interest runs from the contract or the breach, not from the date of your demand.

  7. 7

    Never threaten arrest, jail, or criminal prosecution to collect a debt. Utah's extortion statute, Utah Code Section 76-6-406, makes it a crime to obtain another's property by threatening to accuse any person of a crime, and since a 2025 amendment also gives the person threatened a civil cause of action for equitable relief and damages, which must be brought within three years.

Key decisions before you file

Before you file a Demand Letter in Utah, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.

Open the Demand Letter guide

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Utah Requirements for Demand Letter

  • Bad-Check Demand Ladder Escalates in Two Steps

    Utah Code Section 7-15-1(2)(b) lets you add a flat $20 service charge to a dishonored check right away. If that amount is not paid within 15 calendar days after your written demand is mailed, Section 7-15-1(4) lets you add collection costs of up to $35, and if the debt remains unpaid 30 calendar days after the demand was mailed, Section 7-15-1(7)(b) adds liability for interest, court costs, attorney fees, and damages equal to the greater of $100 or three times the check amount, capped at the check amount plus $500.

  • Premature Suit Forfeits Bad-Check Damages

    Under Utah Code Section 7-15-1(7)(d), filing suit before the 31st calendar day after your written demand was mailed forfeits the entire penalty structure in Section 7-15-1(7)(b), capping recovery at the bare check amount.

  • Bad-Check Demand Needs Only Mailing, Not Certified Mail

    Utah Code Section 7-15-1(1)(c) defines 'mailed' as the day a notice is properly deposited in the United States mail; the statute does not itself require certified or registered mail for the written demand described in Section 7-15-1(5)(b).

  • No UCSPA Pre-Suit Notice Requirement

    The Utah Consumer Sales Practices Act's private right of action, Utah Code Section 13-11-19, contains no pre-suit demand or notice step before a consumer sues for damages.

  • UCSPA Attorney Fees Are Discretionary and Reciprocal

    A court may award a reasonable attorney fee to either the consumer or the supplier under Utah Code Section 13-11-19(5), but only if the supplier violated the chapter or the consumer knowingly brought a groundless claim, and only after the action is terminated by judgment or a court-required settlement.

  • Fee Awards Require an Existing Contract Fee Clause

    Utah Code Section 78B-5-826 lets a court award fees and costs to whichever party prevails, but only when the promissory note, written contract, or other writing already allows at least one party to recover fees; it is not conditioned on a demand or presentment step.

  • Never Threaten Arrest or a Criminal Accusation

    Utah's extortion statute, Utah Code Section 76-6-406, makes it a crime to obtain another's property by threatening to accuse any person of a crime, and since a 2025 amendment also gives the person threatened a civil cause of action for equitable relief and damages, to be brought within three years (Section 76-6-406(4)).

  • Statute of Limitations by Claim Type

    Utah gives six years to sue on a written contract (Utah Code Section 78B-2-309(1)(b)), four years on an oral contract or open account (Section 78B-2-307(1)(a)-(c)), and three years for injury to personal property (Section 78B-2-305(1)(a)(ii)), except four years for property damage from a motor vehicle accident (Section 78B-2-307(3)).

  • Small Claims Limit and Attorneys Permitted

    A Utah Justice Court hears small claims up to $20,000, including attorney fees but exclusive of court costs and interest (Utah Code Section 78A-8-102(1)(a)(i)), and unlike some states, Utah allows both sides to bring a lawyer.

Frequently Asked Questions