South Carolina Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside South Carolina's Statutes Of Limitations. South Carolina phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The South Carolina Fair Debt Collection Consumer Practices Guide summarizes South Carolina's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
South Carolina Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under South Carolina’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under South Carolina Debt Exemption Law!
South Carolina Statutes
The State of South Carolina has opted out of federal bankruptcy exemptions? South Carolina Code Annotated § 15-41-35.
Wages: South Carolina Code Annotated §§ 15-39-410 and -420.
Homestead: South Carolina Code Annotated § 15-41-30(1); see South Carolina Constitution article m,§ 28.
Tangible personal property: South Carolina Code Annotated § 15-41-30; see South Carolina Constitution article III, § 28.
Benefits, retirement plans, insurance, judgments, and other intangibles:
South Carolina Code Annotated § 15-41-30.
South Carolina Debt Statutes of Limitation
Your debt may have expired under South Carolina’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the South Carolina Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
South Carolina Debt Statutes of Limitation
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).
South Carolina Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under South Carolina’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under South Carolina law.
South Carolina Wage Garnishment Procedural Requirements
An execution must be directed to the sheriff, must be attested by the clerk, subscribed by the party issuing it and must intelligibly refer to the judgment, Statuteing the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. S.C. Code Ann. _ 153980.
After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person or corporation has property of such judgment debtor or is indebted to him in any amount exceeding ten dollars, the judge may by an order require such person or corporation, or any officer or member thereof, to appear at a specified time and place and answer concerning such property or indebtedness. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action in such manner as may seem to him proper. S.C. Code Ann. _ 1539350.
The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied. S.C. Code Ann. _ 1539410.
The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. S.C. Code Ann. _ 1539440.
Interest Rate at which Judgments Accrue All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be at the rate of fourteen percent per annum. S.C. Code Ann. _34 3120.
South Carolina (Debt Collector) Call Recording Law
Under South Carolina State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! South Carolina is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of South Carolina.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
