South Carolina Debt Collection Laws and How to Protect Yourself
In the United States, debt collectors are only allowed to pursue debts using approved methods. Those methods that are not approved are still popular, however, which is why there are abusive debt collector practices. If you are being harassed, if people in your life are being interrupted or threats are being leveled as a result of your debts, DoNotPay can help you protect your legal rights in any state, and get debt collectors to stop contacting you once and for all.
that add to the FDCPA federal debt collection laws. DoNotPay can help you defend your federal and South Carolina debt law rights.
South Carolina Debt Collection Laws
All states are subject to the FDCPA (fair debt collection practices act) passed by the federal government. But each state is also free to define their own debt collection laws to refine those initial guidelines. to protect SC resident debt holders from shady practices, while other policies allow more freedom to make mistakes and reap the aftermath.
The biggest difference in South Carolina debt collection law is Homestead protections. This allows people and households to defend a certain amount of their core family funds from debt collection methods or policies.
Assets Protected by SC Homestead Laws
- Equity and Land - Up to $100K total
- Up to $50K in home equity for you and dependents
- Up to $50K in co-op where you or family live
- Up to $50K in burial plot equity for you or dependents.
- Up to $5K in vehicle
- Up to $1K in the family jewelry
- Up to $4K in personal belongings
- Up to 1.5K in professional items
- Up to 5K in excess equity
- Immature life insurance policies
- Up to $3K in firearms
- Any settlement or reparation payments
- Value in most tax-advantaged retirement plans.
Wage garnishment is prohibited
Statute of Limitations of Debt Collection in South Carolina
In South Carolina, the debt statutes of limitations vary depending on the type of debt. Medical debt and credit card debt, two of the most common times, cannot be pursued more than three years after delinquency. Auto loans can be held for up to six years, while state taxes can be pursued up to 10 years after the infraction.
|Medical Debt||3 Years|
|Credit Card Debt||3 Years|
|Auto Loan Debt||6 Years|
|State Tax Debt||10 Years|
How to Deal With South Carolina Debt Collectors On Your Own
There are three ways to deal with debt collectors in South Carolina to get them out of your hair for good.
First, you make them verify the debt. Then you define how you will or will not be contacted. Finally, you wait for lawsuits or debts to disappear.
Request a Debt Verification Letter
First, request your debt verification letter from every debt collector who calls or emails you. Ask to see proof of your debt, where it came from, and how old it is. Compare it to the statute of limitations to discover if they are illegally being extended beyond your debt's normal lifespan.
Make sure the debt is spending you really did and that the amount is still correct. Only verified debt needs to be worried about.
Define How to be Contacted, or Request No Contact
Let your debt collectors know how you would prefer to be contacted. If you have a lawyer, direct them to contact your lawyer. You can tell them not to contact you at work, between which hours you are available, or not to contact you at all until they have a real lawsuit.
This forces debt collectors to go silent. They must either take action with a lawsuit or leave your debt alone to expire.
Let Dead Debts Die
Lastly, leave old debts alone. If they are past the statute of limitations, do not acknowledge or start to pay them. Otherwise, the statute restarts. The best way to get rid of an older debt is to completely ignore it. Then have your credit report cleaned.
How to Deal with South Carolina Debt Collectors with the Help of DoNotPay
South Carolina debt collection laws provide you with some protections in addition to federal debt collection law. DoNotPay will help defend your rights.
The best way to deal with debt collectors is to take the proper measures to address your debt. Request your debt verification letter. Ask that collectors stop contacting you. Force debt collectors to take legal action or leave you alone if the debt really holds no power anymore. Clean up your credit report and get rid of debts that don't belong there.
DoNotPay can help you take care of each step to remove the burden of unnecessary debt from your life.
Here’s how it works:
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that’s it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We’ll deliver your request directly to the debt collectors via first-class mail, or file your complaint automatically with the CFPB so that they’re no longer able to use unfair debt collection practices.
Helpful Links to Common Debt Collection Questions
We can help you with your debt and debt collector problems no matter who owns your debt. If you have debts that are being unlawfully pursued or kept active beyond the statute of limitations, DoNotPay can help. We'll help you fight unwanted debt collector calls and clean your credit report.
- Learn How to Deal with Debt Collectors
- Learn About ECR Debt Collection
- Can Debt Collectors Take Your Stimulus Check?
- How to Deal with Debt Collectors
- Learn About Medical Debt Collection
- How Often do Debt Collectors Take You to Court?
- How Long Can Debt Collectors Try to Collect a Debt?
- How to Negotiate with Debt Collectors
Why Use DoNotPay To Deal with South Carolina Debt Collection Laws
You do not have to let debt collectors harass you in South Carolina. South Carolina debt collection laws protect you and DoNotPay will help you deal with unfair debt collectors. DoNotPay is the best choice because we are:
- Fast: You do not have to spend too much time looking for lawyers to defend you against abusive debt collectors.
- Easy: You don’t have to fill up tedious forms and note the various steps necessary to solve your issue.
- Successful: You can rest assured that we make the best case for you.
What Else Can DoNotPay Do?
DoNotPay can help you with more beyond helping you deal with unwanted debt collectors. Our services were designed to help save you time and money for most of life's everyday setbacks and administrative tasks. We can help with legal matters, school, finances, and everything in between.
- Clean Your Credit Report
- How to Cancel Accounts
- Find Missing Money
- Help with Bills
- Increase Credit Limit
- Financial Aid Appeal Letters