In most states a lawsuit is started by filing a lawsuit. In Utah, a creditor can begin a lawsuit by serving someone under what is called the Ten Day Summons. Under this Rule the debtor still has 20 days to answer the complaint. The catch, for the creditor, is that the creditor must file the complaint within 10 days of the service date, or the lawsuit will be dismissed.

Some of the advantages to the Ten Day Summons are as follows:

• Creditors do not have so spend a filing fee if the lawsuit is not served. This saves the high-volume creditor thousands of dollars in wasted filing fees.
• Debtors often pay off the debt in response to being served. This saves such debtors from having to reimburse the creditor for the cost of filling the complaint – a substantial “win” for many debtors.

The bottom line is that Utah’s Ten Day Summons provision saves debtors and creditors money. Everyone wins. If you are a creditor the key to this rule working to your advantage is to have representation who understands the Ten Day Summons Rule and files the lawsuits timely. Call us if you would like to learn more.