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South Carolina Consumer Law Questions & Answers
1 Answer | Asked in Contracts and Consumer Law for South Carolina on
Q: I recently leased a new car. The paperwork states 100 miles. I notice a week later it has over 800 miles on it.

The dealers paperwork was off by 700 miles. What recourse do I have? thanks

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2019

Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.

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 for South Carolina on
Q: How do you get a UCC lien from a shady company with a history of lost cases and tons of BBB complaints terminated?
D. Nathan Davis
D. Nathan Davis
answered on Mar 14, 2019

The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do... View More

1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?

Wife passed in Aug 2018...now Considering Bankruptcy to settle medical bills from Leukemia

Low income -now unemployed

58yr old widow in Poor health now struggling to find work compatible with health conditions.

D. Nathan Davis
D. Nathan Davis
answered on Mar 11, 2019

The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount.... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: Trying to work w/bank on lowering payments on motorhome so affordable. bank won't. letter cure default. what can bank do
D. Nathan Davis
D. Nathan Davis
answered on Mar 3, 2019

The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.

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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1 Answer | Asked in Consumer Law for South Carolina on
Q: Can a car dealership hold a title and accept payments on a vehicle without financing through a bank or loan company
D. Nathan Davis
D. Nathan Davis
answered on Jan 20, 2019

Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan... View More

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: When you receive a registered letter from sc law what does that mean ?
D. Nathan Davis
D. Nathan Davis
answered on Jan 10, 2019

Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a... View More

1 Answer | Asked in Consumer Law and Collections for South Carolina on
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?
Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: I live in South Carolina and I voluntarily surrendered a car in 2013 and now I am being sued by a debt collector.

Is there a statue of limitations for this type of debt.

D. Nathan Davis
D. Nathan Davis
answered on Jul 11, 2018

There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”

The homeowner is 2 payments behind

D. Nathan Davis
D. Nathan Davis
answered on Jul 5, 2018

No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.

The...
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1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: I was served notice from a debt collector who bought the unpaid credit card debt, seeking a civil judgment.

In SC, what happens if I don't respond to this? Or, I cannot reach a payment agreement with the debt collector? I have military retirement, military disability and my normal pay from my job. I own no property in the county in which I was served. Thank you.

Timothy Denison
Timothy Denison
answered on Jun 21, 2018

If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on
Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

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.

D. Nathan Davis
D. Nathan Davis
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... View More

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1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?

D. Nathan Davis
D. Nathan Davis
answered on Jun 12, 2018

If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed...
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1 Answer | Asked in Civil Litigation and Consumer Law for South Carolina on
Q: If you are paying on an agreed amount on a debt can they legally put a judgement after the agreement was made?

Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed... View More

D. Nathan Davis
D. Nathan Davis
answered on Mar 26, 2018

The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: In my divoice decree my ex husband was ordered to pay a settlement when he retired due to being married over twenty year

He retired a few weeks ago. When should I expect my entitlement? Richardeen Shine , rshine1@netzero.net

D. Nathan Davis
D. Nathan Davis
answered on Mar 5, 2018

I cannot be sure of the correct answer. There are many different possible responses. You may be entitled to a lump sum from your ex-husband's retirement account. If that is correct, you will have to contact the plan administrator yourself as your husband may no longer have an ownership... View More

1 Answer | Asked in Consumer Law, Business Law and Municipal Law for South Carolina on
Q: What are the laws on selling alcohol in a drive thru convenience store in SC? Curbside sales, etc.
D. Nathan Davis
D. Nathan Davis
answered on Feb 20, 2018

South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage... View More

1 Answer | Asked in Banking and Consumer Law for South Carolina on
Q: according to SC laws pertaining to auto loans, are you allowed to make principal payments without being charged interest

I’m financed through ally bank and they are giving me a hard time with making an extra payment just toward my principal. They are tacking in interest for the month again. By law am I able to make just a principal payment without interest? And why is my payout higher than what is left on the car?... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 13, 2018

You need to review the note and related documents. Under a standard amortization, you can make payments to principal.

If your loan was financed using the rule of 78's, then, you cannot pay principal as you are asking.

If the loan is a simple interest loan, you are charged...
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1 Answer | Asked in Consumer Law and Small Claims for South Carolina on
Q: I have an outstanding Auto Title Loan in 2007-2008. Original loan was $1,500 which has been paid. Still owe

1000.00 or so. Car hasn't been used in years, really need title, please help!!!

D. Nathan Davis
D. Nathan Davis
answered on Jan 29, 2018

You must not have paid the interest on the loan from what I can understand of your question. You can go to the company and offer them something for the title and they may be willing to take that amount. The title company does not have to accept any amount.

Do not make the offer in writing...
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1 Answer | Asked in Personal Injury, Libel & Slander, Consumer Law and Real Estate Law for South Carolina on
Q: ZILLOW Inc is publishing false, erroneous and misleading info - and they refuse to correct it- what can be done??

Have documented responses from ZILLOW- they acknowledge deficiencies in their "systems" but refuse to take corrective action. WILDLY varying "Zestimates" in similar, side by side properties - and NO coherent response?? ZILLOW penalizes diligent homeowners who properly... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

I don't see it--it's an estimate. They can use whatever metrics they want. If you feel your property is worth more then the agent selling it for you can promote it appropriately. They aren't required to change just because you took advantage of the tax system to challenge the... View More

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