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

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • 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.

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