Asset Acceptance LLC v. Stocks

Opinion

ROTH, Judge:

T1 Jay R. Stocks appeals the district court's denial of his motion to set aside a default judgment under rule 60(b)(1) of the Utah Rules of Civil: Procedure. Stocks's proposed defense below was that the four-year statute of limitations for actions on an "open account" barred any claim against him for the unpaid balance on his credit card account, See Utah Code Ann. § T8B-2-307(1)(c) (LexisNexis 2012). The district court ruled, however, that the six-year statute of limitations for a "liability founded upon an instrument in writing" applied and that the action was therefore…