Barker v. Turner
Barker v. Turner, 2021 UT App 89 (Mortensen, J.)
Statute of Limitations
In 2010, an individual received a loan from a company that was supposed to be repaid in 60 days. The individual did not make any payments on the loan until 2015, and in 2018 the company sued the individual for nonpayment. The district court determined that the suit was timely and awarded damages to the company. The Utah Court of Appeals affirmed, holding:
- Although the statute of limitations to enforce an obligation to pay a note is six years, the statute is tolled when a payment is made on a debt. Utah Code § 78B-2-1113. Here, the payments in 2015 and 2017 tolled the statute and rendered the lawsuit timely.