78B-2-309. Within six years — Mesne profits of real property — Instrument in writing — Fire suppression.
| (1) |
An action may be brought within six years:
Terms Used In Utah Code 78B-2-309- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
for the mesne profits of real property; |
| (b) |
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 |
| (c) |
to recover fire suppression costs or other damages caused by wildland fire. |
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| (2) |
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:
| (b) |
the debtor makes a written acknowledgment of the debt or a promise to pay the debt; or |
| (c) |
the debtor or a third party makes a payment on the debt. |
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Amended by Chapter 107, 2019 General Session
