Renumbered 7/1/2024)

78B-3-304.  Actions on written contracts.
     An action on a contract signed in this state to perform an obligation may be commenced and tried in the following venues:

(1)  If the action is to enforce an interest in real property securing a consumer’s obligation, the action may be brought only in the county where the real property is located or where the defendant resides.

Terms Used In Utah Code 78B-3-304

  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  An action to enforce an interest other than under Subsection (1) may be brought in the county where the obligation is to be performed, the contract was signed, or in which the defendant resides.

Renumbered and Amended by Chapter 3, 2008 General Session

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