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South Carolina Collections Questions & Answers
1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... Read more »

Timothy Denison
Timothy Denison answered on Mar 11, 2021

You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
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1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina
D. Nathan Davis
D. Nathan Davis answered on Mar 18, 2019

The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can... Read more »

D. Nathan Davis
D. Nathan Davis answered on Mar 3, 2019

A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.

The sheriff will ask you to pay the judgment,...
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1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: I was served a summons for a credit card bill. It says if I dont reply a default judgement will be made. What's that?
Tim Akpinar
Tim Akpinar answered on Oct 17, 2018

I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on
Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.

D. Nathan Davis
D. Nathan Davis answered on Jun 14, 2018

Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's... Read more »

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1 Answer | Asked in Collections and Social Security for South Carolina on
Q: What can I do If I have no money for Doctors, medicine and food after paying credit cards with SS?Can they take my SS?

I am 76 in poor health, walk with a walker. I rent an apt, my car is old but paid for.

No money for Lawyer.

D. Nathan Davis
D. Nathan Davis answered on Feb 26, 2018

Your Social Security cannot be seized by a creditor to pay a bill. Unfortunately, a creditor may try to seize your money and then you may have to hire an attorney if a creditor does, in fact, seize your money.

You need to contact a local Legal Aid Office near you and schedule an...
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1 Answer | Asked in International Law, Collections and Real Estate Law for South Carolina on
Q: I need some information I bought a time share in the bahamas but they collect the money in USA .

if i stop paying them will it affect my credit score

Richard Sternberg
Richard Sternberg answered on Jan 11, 2018

Almost certainly, yes.

1 Answer | Asked in Collections for South Carolina on
Q: my mom just passed away i am the only heir i live in her home in sc can judgements take the home if its all she had?

Her assets is only about 35,000 and I am disabled.

Robert Jason De Groot
Robert Jason De Groot answered on Oct 3, 2015

I am sorry for your loss. The best thing to do is to go see a probate attorney immediately for a full discussion about what needs to be done and how to do it.

1 Answer | Asked in Collections for South Carolina on
Q: Can the horry county sheriff seize, and sell my primary residence trailer on leased land,to pay off a $8000 judgement?

This is a credit card debt, and my home in Pa is in foreclosure, this 2012 trailer is all we have to live in..

Andrew "Andy" Potter
Andrew "Andy" Potter answered on May 6, 2015

If you have a consumer debt judgment, the Horry County Sheriff does nothing unless the judgment holder files a proper action with the court and the court orders the Sheriff to do something specific. It is a challenge to collect judgment debts in South Carolina as a judgment holder must file... Read more »

1 Answer | Asked in Collections for South Carolina on
Q: My wife is being sued for a charged off credit card by a debt collector. It appears that the suit was filed exactly 3

Years from date of last payment. If the SOA expires the same month as filing the suit, can they win? Is it also true that Social Security payments cannot be garnished. We are fixed income, and both on disability.

Rachel Lea Hunter
Rachel Lea Hunter answered on Apr 3, 2013

I am licensed in NC not SC. For statute of limitations purposes, you look at the period between the date on which the complaint was filed and the date of the last payment. If your statute of limitations is 3 years, then see if its been 3 years or more. Even if the lawsuit was filed on the last... Read more »

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