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South Carolina Collections Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for South Carolina on
Q: What if I miss a subpoena for civil case about unpaid furniture rental?

What happens if I don't show up to a court subpoena left on my door for a civil case in which I'm being sued for not paying a furniture rental? I haven't spoken to any lawyer about this situation.

James L. Arrasmith
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answered on Apr 13, 2025

If you miss a court subpoena for a civil case, it can have serious consequences. The court may issue a default judgment against you if you don’t appear, meaning the plaintiff could win the case by default, and you may be required to pay the full amount owed, plus any additional fees or interest.... View More

1 Answer | Asked in Business Law and Collections for South Carolina on
Q: Is a 13-year-old FL judgment enforceable in SC?

My wife has a 13-year-old judgment from Florida related to a signature loan for a business debt. There have been no attempts to renew or enforce the judgment either in Florida or South Carolina. Is this judgment enforceable in South Carolina?

James L. Arrasmith
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answered on Apr 13, 2025

In South Carolina, a judgment from Florida can be enforceable, but there are time limits to consider. Generally, the statute of limitations for enforcing a judgment in South Carolina is 10 years. Since your wife’s Florida judgment is 13 years old, it may no longer be enforceable unless it has... View More

1 Answer | Asked in Employment Law, Contracts and Collections for South Carolina on
Q: Terminated by IBM, overpaid severance, repayment demanded. Options?

I was terminated by IBM on January 7th with no notice and was required to sign a Performance Severance Package. Two months later, I was informed that I was overpaid $10,300 in severance due to a system error, and they are now demanding immediate repayment. I signed the severance package but did not... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds incredibly stressful, especially after an unexpected termination. If the severance agreement you signed didn’t mention anything about repayment for overpayment or system errors, that could work in your favor. Employers usually need a clear legal basis—like a signed agreement or an... View More

1 Answer | Asked in Collections, Contracts and Civil Litigation for South Carolina on
Q: Can I take legal action for a signed promissory note of debt totaling $5000 in South Carolina?

I have a promissory note signed by both parties, related to a loan and credit card debt totaling around $5000. The agreement was to pay $300 at the end of every month, but no payments have been received for the past 6 months. The note lacks specific terms for non-payment consequences. Although the... View More

James L. Arrasmith
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answered on Apr 8, 2025

Yes, you can take legal action in South Carolina based on a signed promissory note, even if it's not notarized or witnessed. As long as both parties signed it and it outlines the loan terms, it’s considered a valid contract under state law. The fact that the borrower hasn't made any... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Collections for South Carolina on
Q: I'm in South Carolina, A judgment has been placed on me. I don't own nothing of value. Can they collect multiple items?

Can they collect multiple items to satisfy the judgment? I own a toyota truck but it's wrecked. A gmc but it's rusted out and basically just a body. It doesn't drive. A harley but it's worth maybe 3k the judgment is 12k. Is there something I need to do to show I don't own nothing of value?

James L. Arrasmith
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answered on Jan 26, 2025

If a judgment has been placed against you, the creditor can attempt to collect by seizing non-exempt assets you own. In South Carolina, certain property may be protected under exemption laws, like a portion of your vehicle's value, personal belongings, and tools of the trade. Since your... View More

1 Answer | Asked in Civil Rights, Collections and Small Claims for South Carolina on
Q: What do I do to protect myself if I want to loan $10,000 to a friend, no interest, to be paid back within a few months
Joel Gary Selik
Joel Gary Selik
answered on May 8, 2024

Some things to include in a signed written agreement:

Attorney fees provision if need to sue to collect;

Disclosure of bank and other asset information;

A security interest in Assets

1 Answer | Asked in Personal Injury and Collections for South Carolina on
Q: Hi my name is____and in and 2004 I broke my femur and was issued settlement for 127k signed by a judge I'd like help
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about your injury. It isn't clear what kind of help you need - You disagree with figure? You have questions about how to collect figure? etc. If you have an attorney on the case, they would... View More

1 Answer | Asked in Collections for South Carolina on
Q: Can a creditor garnish my bank account or freeze the bank account if I am not the primary and just an authorized user SC
Joel Gary Selik
Joel Gary Selik
answered on Mar 29, 2023

If your name is on an account, a garnishment will apply to the account. You can file a claim of exemption, or other proper document, to prevent the taking of money in the account that is not yours.

1 Answer | Asked in Consumer Law and Collections for South Carolina on
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

D. Nathan Davis
D. Nathan Davis
answered on Mar 23, 2023

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... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is...
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1 Answer | Asked in Employment Law, Tax Law and Collections for South Carolina on
Q: When does the collection of NON-fraudulent overpayment of unemployment benefits by the state stops in South Carolina?

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?

D. Nathan Davis
D. Nathan Davis
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...
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1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for South Carolina on
Q: Does a credit card company have to provide credit denial explanation in detail, and in writing when requested?

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... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2022

No, it does not have to provide you detailed reasoning in writing.

1 Answer | Asked in Collections for South Carolina on
Q: Credit card co. has gotten an execution of property against my girlfriend in horry county, Murrell's inlet.

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... View More

Barry W. Kaufman
Barry W. Kaufman
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... View More

1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

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.

Anthony M. Avery
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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.

1 Answer | Asked in Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

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... View More

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

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... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
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...
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1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina
D. Nathan Davis
D. Nathan Davis
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... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

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... View More

D. Nathan Davis
D. Nathan Davis
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,...
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