Will Debt Collectors Sue You in SC and How to Prepare

In South Carolina, debt collectors can sue you to collect a debt, but it's not a straightforward process.

Debt collectors must follow specific rules and regulations before taking you to court.

If a debt collector decides to sue, they'll file a lawsuit in the county where you live or where the debt was incurred.

You'll receive a summons and a complaint that outlines the debt and the amount being sought.

You have a limited time to respond to the lawsuit, typically 30 days in South Carolina.

Ignoring the lawsuit can lead to a default judgment, which can damage your credit score and make it harder to resolve the debt.

If you're sued for debt in South Carolina, your case will end up in either circuit court or magistrate court. Circuit court is the trial court of general jurisdiction in South Carolina, and it's divided into civil and criminal sections – debt collection lawsuits are civil cases.

If you get sued, you'll be notified with a summons and complaint. You have 30 days in South Carolina to file your Answer, and it's best to start working on it as soon as you receive the Summons. Fortunately, the state does not charge filing fees, but you may incur other court fees during the lawsuit.

If you ignore the lawsuit, it won't just go away – you're likely to lose the case and have a default judgment issued against you, which allows the person or company suing you to request a court order for wage garnishment, a bank account levy, or a property lien.

In South Carolina, debt collection lawsuits usually start with phone calls and written notices, but if the matter isn't resolved, debt collectors may sue you.

If you're sued for debt in South Carolina, your case will end up in either circuit court or magistrate court. Circuit court is the trial court of general jurisdiction, and it's divided into civil and criminal sections - debt collection lawsuits are civil cases. Magistrate court, on the other hand, hears civil court cases for claims up to $7,500.

You'll be notified with a summons and complaint, which includes a list of the debt collector's company name, such as Absolute Resolutions Investments LLC, Accredited Collection Services, or many others.

Ignoring a debt collection lawsuit is risky, as debt collectors hope you'll ignore the case and get a default judgment. This can lead to losing assets, including equity above $50,000 on your primary residence or excess cash and other liquid assets.

You have 30 days in South Carolina to file your Answer, and it's best to start working on it as soon as you receive the Summons. Fortunately, the state doesn't charge filing fees, but you may incur other court fees during the lawsuit.

Here are some common debt collectors you may encounter:

If a debt collector sues you, you can try to validate the debt by asking them to prove it belongs to you. This can stop the calls and letters while they verify the debt. If they don't respond, you can still take action and respond to the lawsuit.

If you don't respond to the lawsuit, you're likely to lose the case and have a default judgment issued against you, which can lead to wage garnishment, bank account levies, or property liens.

Debt collectors cannot lie to you, and if they do, you can report them to the Fair Trade Commission (FTC) for compensation. You can also sue them for false statements.

Some common false statements debt collectors make are that you will go to jail if you don't pay, they work for a credit reporting agency, and they are an attorney. You can't be threatened into paying a debt, and you have the right to verify the debt's legitimacy.

You can stop the calls and letters by asking the debt collector to validate the debt, which is a written notice that requires them to prove the debt belongs to you. This can be done by sending a Debt Validation Letter, which can stop the communication while they prove the debt.

If the collector sues you, following the steps to validate the debt can help you win the lawsuit or even get them to drop it.

In South Carolina, certain kinds of property are exempt and cannot be taken from you to satisfy a judgment.

If there's nothing a creditor can legally take from you, you're considered judgment proof.

Being judgment proof means you don't have to worry about losing your property to pay off debt.

This can be a huge relief, especially if you're struggling with consumer debt.

The Doctrine of Necessaries can have serious financial implications for couples in South Carolina.

This doctrine allows third-party creditors, such as hospitals, to seek payment from not only the patient but also the patient's spouse.

In South Carolina, the spouse is liable for the "necessaries" of the other spouse.

The term "necessaries" refers to essential expenses, often including medical bills.

This doctrine can be applied in situations where one spouse incurs a significant medical expense, and the creditor seeks payment from the other spouse.

In these situations, the creditor may try to prove that the medical expense was a necessary expense, and therefore the other spouse is liable.

In South Carolina, debt collectors may sue you in magistrate court, but you have the right to defend yourself. You can prepare your defenses before court by thinking about which ones might apply to your case.

The circuit court, also known as the court of common pleas, provides space for you to write out your affirmative defenses directly on the answer form. An affirmative defense is a reason you shouldn't have to pay the debt.

Common affirmative defenses include the debt collector violating the FDCPA by engaging in fraud or misrepresentation, the statute of limitations having run out, the debt being discharged in bankruptcy, and the debt not being yours or already paid. These defenses are usually based on information that the plaintiff didn't include in their complaint.

You can also file a counterclaim if you want to make a claim against the plaintiff, but this process can get complicated. If you want to countersue, consider getting legal help.

Here are some common affirmative defenses:

Ignoring a debt collection lawsuit is a recipe for disaster. If you don't respond to the lawsuit, the debt collector will likely get a default judgment.

You risk losing any equity above $50,000 on your primary residence or the excess of $5,000 in cash and other liquid assets. This is a serious consequence that can leave you financially vulnerable.

Debt collectors count on you not showing up to court or responding to the lawsuit. They're banking on your ignorance to get a default judgment.

If you ignore the lawsuit, you're essentially giving up your chance to dispute the debt. You'll have no say in the matter, and the court will rule in favor of the debt collector.

Here are some of the companies that may sue you in South Carolina: Absolute Resolutions Investments LLCAccredited Collection Services... (list of 63 companies)

It's essential to take action and respond to the lawsuit to avoid these consequences.

Debt collectors in South Carolina are anyone who regularly contacts a consumer to recover money in past-due accounts, including representatives of the original creditor, third-party debt collectors, debt buyers, or law firms that regularly collect debts.

They can contact you via phone calls, letters, and even social media to collect over-due debts. If you fail to pay, they can sue you and consider other ways to collect if they win the lawsuit, such as bank account levies and property liens.

Fortunately, South Carolina law does not allow wage garnishment for consumer debts like credit cards, car loans, medical bills, and personal leases, so you don't have to worry about your employer withholding your salary for these types of debts.

Here are some protected assets under South Carolina debt collection law:

In South Carolina, debt collectors can be anyone who regularly contacts a consumer to recover money in past-due accounts, including representatives of the original creditor, third-party debt collectors, debt buyers, or law firms that regularly collect debts.

If a debt collector is contacting you, you can ask them to validate the debt they claim you owe by sending a Debt Validation Letter, which can stop the calls and letters while they prove the debt belongs to you.

Most consumer debts in South Carolina have a three-year statute of limitations, but unpaid mortgages can last up to 20 years. If the debt collector does not recover the money within three years, they can no longer sue you.

Debt collectors cannot sue you for a time-barred debt, but making payments or admitting to owing the debt can reopen the statute of limitations and make the debt no longer time-barred.

In South Carolina, debt collectors are prohibited from garnishing wages for consumer debt, such as credit cards, car loans, medical bills, and personal leases. However, they can still garnish bank accounts, and the first $5,000 stored in your bank accounts is shielded from debt collectors.

Debt collectors cannot embarrass you by revealing the details of your debt to unauthorized parties. They can only contact other parties to locate you, never to discuss your financial matters.

If a debt collector sues you in South Carolina, following the steps outlined in the article can help you win the lawsuit or get them to drop it.

Here is a table of the statute of limitations for different types of debt in South Carolina:

Remember to exercise caution when committing in writing that you will pay off the debt or making a payment, as this can restart the statute of limitations and allow the debt collector to reopen the case.

You may still hear from a debt collector in South Carolina even if you've told them to stop calling, but only in a few specific circumstances.

If you've instructed a debt collector to stop calling, they may still contact you to inform you that they're suing you, which is a serious matter that requires attention.

Ignoring a summons from a debt collector is not a good idea, even if you don't think you owe the debt, because you could still be held accountable.

You have a responsibility to respond to a summons, even if you believe you're not liable for the debt, to avoid any potential consequences.

If you're served with a summons and complaint from a debt collector, you need to respond promptly to avoid losing the lawsuit automatically. You can file an answer with the court listed on your summons, which gives you a chance to explain your side and defenses to the judge.

When responding to a debt collection lawsuit, ensure you keep the 30-day deadline, which starts from the day you receive the summons. You should also send a copy of your answer to the debt collector's attorney. Don't feel intimidated if the debt collector doesn't withdraw the lawsuit upon receiving your answer; you can still fight them in court and win.

To respond effectively, you'll need to address each allegation made in the complaint document. For example, you can admit or deny entering into a contract with the debt collector or original creditor mentioned in the complaint. It's advisable to file a written answer, as it gives you a chance to formulate your defenses and gather any supporting documents.

Here's a step-by-step guide to responding to a debt collection lawsuit:

If you're being sued for credit card debt, the first step is to understand the summons and complaint. A summons is an official court document that notifies you of the lawsuit and gives you a deadline to respond. The complaint outlines the allegations made by the debt collector, including the amount they claim you owe and why.

You have 30 days to respond to the summons and file an answer with the court. Failing to do so can result in a default judgment against you. An answer is your chance to acknowledge the lawsuit and explain your side of the story to the judge.

If you're being sued in magistrate court, you can file an answer or show up to the hearing to respond orally. However, it's recommended to file a written answer to give yourself time to gather your thoughts and evidence.

Debt collectors can't sue you for a time-barred debt. In South Carolina, most consumer debts have a three-year statute of limitations, but unpaid mortgages can last up to 20 years. If the debt collector doesn't recover the money within the time limit, they can't sue you.

Here's a breakdown of the statute of limitations for different types of debt in South Carolina:

If you've already received a default judgment against you, don't worry – there's still hope. You can file a motion to vacate the judgment, which means asking the court to cancel the judgment. You may be able to vacate the judgment if you can prove a mistake was made or if new evidence has come to light.

When writing letters to debt collectors, it's essential to be cautious and strategic. You should request debt verification in writing via postal mail within 30 days of receiving the debt notification.

The debt collector has 30 days to mail you the verification, which must include the total debt owed and the identity and address of the original creditor. This information will help you determine if the debt is legitimate.

You have the right to ask the collector to cease contacting you if the debt isn't legitimate, but this won't stop them from trying to collect the debt or levy costs. Be aware that making any payments or taking responsibility for the debt could reset the statute of limitations.

Here are the basic steps to follow when responding to a collection letter:

If the collector files a lawsuit, it's crucial to attend your court date and choose a lawyer. You can also report the debt collector to the FTC and the South Carolina Department of Consumer Affairs if you believe they have harassed you, lied to you, willfully misled you, or violated any other provisions of the FDCPA or state law.