The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?
answered on Oct 19, 2022
Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:
(5) Notwithstanding any other provision of this section, no action to enforce... Read more »
I applied for a credit card with a company that had closed my account previously during COVID 19. One of the reasons for denial on the denial letter stated I was denied because I did not meet that company expectations for account usage on a previous account. I requested they explain what activity... Read more »
answered on Oct 17, 2022
No, it does not have to provide you detailed reasoning in writing.
She used her card 2 years ago to cremate her 10 yr live in boyfriend, barely makes enough money to pay rent and utilities, nothing left after. I just helped her pay off her vehicle that they bought before he passed. Can the sheriff seize that vehicle to settle the debt or her bank account that has... Read more »
answered on Sep 28, 2022
If the judgment is satisfied before the sheriff executes, there won't be an execution. Subject to SC law, the sheriff may very well be able to snatch the car and her bank account. If you intend to satisfy the judgment, DO NOT go by the judgment itself. Contact plaintiff's attorney for an... Read more »
How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.
answered on Oct 8, 2021
Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.
I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... Read more »
answered on Mar 11, 2021
You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.
This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »
answered on Aug 15, 2020
Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.
Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the... Read more »
answered on Mar 18, 2019
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... Read more »
Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can... Read more »
answered on Mar 3, 2019
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,... Read more »
answered on Oct 17, 2018
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... Read more »
If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.
answered on Jun 14, 2018
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... Read more »
I am 76 in poor health, walk with a walker. I rent an apt, my car is old but paid for.
No money for Lawyer.
answered on Feb 26, 2018
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... Read more »
if i stop paying them will it affect my credit score
Her assets is only about 35,000 and I am disabled.
answered on Oct 3, 2015
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.
This is a credit card debt, and my home in Pa is in foreclosure, this 2012 trailer is all we have to live in..
answered on May 6, 2015
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... Read more »
Years from date of last payment. If the SOA expires the same month as filing the suit, can they win? Is it also true that Social Security payments cannot be garnished. We are fixed income, and both on disability.
answered on Apr 3, 2013
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... Read more »
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