South Carolina Collections Questions & Answers

Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Answered on Mar 18, 2019
D. Nathan Davis' answer
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 this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....

Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Answered on Mar 3, 2019
D. Nathan Davis' answer
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, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...

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?

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Answered on Oct 17, 2018
Timur Akpinar's answer
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 something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...

Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on
Answered on Jun 14, 2018
D. Nathan Davis' answer
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 money, a part-time job etc.

Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...

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?

1 Answer | Asked in Collections and Social Security for South Carolina on
Answered on Feb 26, 2018
D. Nathan Davis' answer
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 appointment to meet with them. Hopefully, the Legal Aid Office can send letters to your creditors that explain that your only income is Social Security. If the creditor still tries to seize your money, then,...

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?

1 Answer | Asked in Collections for South Carolina on
Answered on Oct 3, 2015
Robert Jason De Groot's answer
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.

Q: Can the horry county sheriff seize, and sell my primary residence trailer on leased land,to pay off a $8000 judgement?

1 Answer | Asked in Collections for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 supplemental proceedings in the same manner as a regular lawsuit. A chapter 7 bankruptcy option would appear to be something you should consider. You need to meet with an experienced bankruptcy lawyer and...

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

1 Answer | Asked in Collections for South Carolina on
Answered on Apr 3, 2013
Rachel Lea Hunter's answer
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 day, it is is timely. I would go to an SC credit card defense lawyer just to make sure.

If the complaint was not timely, then pay a lawyer to draft a proper answer for you. It will be worth it....

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