Asked in Consumer Law and Collections for North Carolina

Q: I received a phone call yesterday about a payday loan from 2009 that was delinquent. One payment of $50 was made in 2018

The caller said they were going to garnish wages and file a judgment. In SC the statue of limitations is 3 yes. Can they still file this

judgment? The loan was in SC

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: This is most likely a scam, because wage garnishment for debt is not allowed in either North Carolina or South Carolina. The collector threatened to do something it has no legal ability to do in an attempt to get you to pay. Google "payday loan collection scam" and see how common this scam is. A legitimate debt collector would not say these kind of things to you.

Do NOT give any personal information to the collector including your SSN, bank account information, debit card or credit card nformation and DO NOT PAY them anything. They purchase information from payday loan companies and they know a partial SSN, where you work, your phone number, names and numbers of your relatives, so they seem scary and legit, but they are not. Warn your family members that these calls are scams.

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