Q: I live in South Carolina and I voluntarily surrendered a car in 2013 and now I am being sued by a debt collector.
Is there a statue of limitations for this type of debt.
A: There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on the issue and sent the case back for further hearings.
There is no question that the defense is an affirmative defense in SC and you must file an answer asserting the defense of Statute of Limitations or that defense is waived.
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