Phoenix, AZ asked in Consumer Law and Collections for South Carolina

Q: received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

The interest was compunded and they stated it would be about 5400.00 judgement

Related Topics:
1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
Answered
  • Consumer Law Lawyer
  • CHARLESTON, SC
  • Licensed in South Carolina

A: In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that you owe or owed the money or the time is extended.

Do not agree to pay them any money or pay any money to the collector.

If the collector actually files a lawsuit, you will need to respond to the suit. In many states, the statute of limitations is an absolute bar to the bringing of a lawsuit to collect on old debt. South Carolina is not one of those states. If you are sued, you must file an answer or motion to dismiss the case which should keep the collector from obtaining a judgment. If you sleep on your rights, you could end up having a judgment against you.

Threatening to file a lawsuit to collect money and not doing that may be an unfair debt collection matter which may cause the collector to be liable for unconscionable conduct. Be sure to remain vigilant and if someone tries to serve you with suit papers, do not try to avoid service.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.