Eva Bacevice | August 01, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: You have 30 days to respond to a debt collection lawsuit in South Carolina, and luckily, there is no fee to file an Answer to your case. Before you take any action with debt collectors, be sure to check the statute of limitations on your debt, which is three years in the state of South Carolina. You can use SoloSuit’s Answer form to respond to the suit, and SoloSuit will file the documents with the court on your behalf.
No one ever wants to find out that they're being sued for debt collection. These days, with everything else going on, it probably feels like too much to handle. Chances are high that you don't have extra money laying around to hire legal assistance and are unsure how to proceed on your own. It's tempting to ignore your debt lawsuit, but unfortunately it won't go away. And if you don't respond, you are handing victory over to the other side.
Sued for debt in South Carolina? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.The good news is that responding on your own to a debt collection lawsuit doesn't have to be intimidating, whether you're working with SoloSuit or simply armed with more information. In this article we will walk you through the steps to respond to a South Carolina debt collection lawsuit, including deadline information, state forms, and filing fees specific to South Carolina.
(Don't like reading? Watch this video instead.)
Each state has unique rules regarding the deadline to respond to a debt collection lawsuit. According to South Carolina Rules of Civil Procedure, Rule 12(a) states:
“A defendant shall serve his answer within 30 days after the service of the complaint upon him.”
In other words, the deadline to respond to a debt collection lawsuit is 30 days in South Carolina. The clock starts on the day you were served the Summons and Complaint documents.
If you fail to respond within that time frame, the party suing you (the plaintiff) can request that the Court issue an order in their favor, which is called a default judgment. This judgment will be for the amount they requested in the Summons and Complaint, plus courts costs and attorney fees. If a default judgment is granted, you will have missed the opportunity to contest the amount or any other allegations by failing to respond.
Fortunately, residents of the Palmetto State do not need to be concerned with having their wages garnished by a private debt collector. SC Code § 15-39-420 states that private debt collectors are prohibited from pursuing a wage garnishment order for consumer debt, such as unpaid credit card balances, medical debt, and so forth. However, there are some notable exceptions to this prohibition.
For example, wage garnishment is allowed if you owe money to the government (state or federal). In addition, wage garnishment is allowed if you owe money for unpaid child support or spousal support. Also, wage garnishment is allowed if a valid garnishment order was entered in another state where you previously resided there later relocated to the Palmetto State.
Even though private debt collectors cannot garnish your wages, they still retain the right to file a debt collection lawsuit against you and can obtain a valid, enforceable court judgment to collect on the debt. In many instances, rather than pursue wage garnishment, private debt collectors utilize other collection tactics, such as garnishment of non-wage income, writs of execution and liens.
You can use SoloSuit's Answer form to respond to the lawsuit; it works in magistrate court and other South Carolina courts. It's drafted by professional litigation attorneys and has protected over $100 million for consumers like you.
If you want to do it on your own, and your case is in Magistrate court, you can use court form SCCA/703 from the South Carolina Magistrate courts. The South Carolina Magistrates have civil jurisdiction over legal matters when the amount in controversy does not exceed $7,500. If the amount at issue is more than $7,500, you will have to draft your own response (likely for the Circuit Court) as there is no available online form through the South Carolina court system. We will walk you through that process below, step-by-step.
Alternatively, if you decide to use SoloSuit, we will take care of all of the detail work for you by creating and filing your Answer. We'll just need you to answer a few questions online to get us started. We can then lay out your answers in the proper legal format. Before we file the paperwork on your behalf we'll have an attorney review the completed Answer to verify that everything is in the correct format.
Luckily for you, there is no fee to file an Answer in South Carolina. That being said, there are fees for filing other court documents in South Carolina. The fee schedules below outline the South Carolina court filing fees:
SoloSuit calculates the filing fees for you.
A South Carolina debt lawsuit is initiated when the plaintiff (the person or company suing) files a Summons and Complaint in court and serves you with copies of the documents. The Summons is the official notification of the lawsuit, while the Complaint lists the specific claims against you.
As we discussed above, the deadline to file a response in a South Carolina debt collection lawsuit is 30 days. It's very important to file your Answer before that deadline expires to preserve your rights in the legal matter and avoid a default judgment.
As such, you need to know the start date to properly calculate your deadline, which is the date that the Summons and Complaint were served. Usually, the plaintiff must file a certificate of service, notifying the court that the documents were properly served and the defendant (in this case, you) have been notified of the case.
The flowchart below illustrates the general timeline of a debt collection lawsuit and ways you can win:
Even though it can certainly feel intimidating to respond to a legal matter on your own, we're here to tell you that it's less complicated than you think.
Follow these three steps to respond to a South Carolina debt collection lawsuit:
Now, let’s take a closer look at each of these steps. Alternatively, you can watch this video to learn more:
The next step is to answer each issue in the Complaint. In general you should make it a point to directly respond to each and every allegation against you separately, which we'll explain further below.
If you're drafting your own response for Circuit Court, you should answer each numbered paragraph with one of the following three responses:
Make certain that you are using the same number for your response as the number of the paragraph you are answering, so it is clear which response goes to which allegation.
Most attorneys recommend that you deny as many claims as possible, but it won't hurt your case to admit to facts that are true, such as your name or address.
You should deny any allegations that are not true, although you could admit in part and deny in part if the numbered paragraph contains more than one allegation. Finally, feel free to use the final option of “deny due to lack of knowledge” if it is something that you can't independently verify, such as specific information about the debt collection company who is suing you.
Let’s consider an example.
Example: Frank is being sued by Midland Credit Management for a debt he doesn’t recognize. He uses SoloSuit to respond to the case, and he denies all of the claims regarding the supposed debt that are listed in the Complaint document. Doing so forces Midland Credit Management to prove their side of the case. After some digging through documents, the debt collection agency realizes it doesn’t have enough evidence to prove its claims and dismisses the case voluntarily. Turns out, they were trying to sue Frank for a debt he didn’t actually owe.
If you're using the Magistrate Answer form, however, you'll need to consolidate your responses together into one of only four responses:
The form provides a few lines for your explanations, if needed, but you can attach additional pages if necessary. We will discuss more of what you might want to expand on in section 3 below.
Also keep in mind that you will need to sign the online form to verify that the “information contained in this answer is true and correct to the best of my knowledge” so it's important to be fully truthful with your responses.
SoloSuit makes it simple to respond the right way.
This next step is where you get to fight back by asserting your affirmative defenses. Affirmative defenses are any reason you can raise to show that the plaintiff does not have a case against you. This can include factual disputes, such as if your account number or name does not match the one in the pleading, or legal arguments, such as those included in the South Carolina Judicial Branch General Rules of Pleadings rule 8(c), which states:
“(c) Affirmative Defenses; Reply. In pleading to a preceding pleading, a party shall set forth affirmatively the defenses: accord and satisfaction, arbitration and award, assumption of risk, condonation, contributory negligence, discharge in bankruptcy, duress, fraud, illegality, injury by fellow servant, laches, license, misrepresentation, mistake, payment, plene administravit or the administration of the estate is closed, recrimination, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleading as if there had been a proper designation. A party may file a reply to any of the foregoing affirmative defenses.”
You can assert any and every one of these affirmative defenses that applies to your case. We will discuss some of the more common affirmative defenses briefly below, but please note that this does not include all the possible choices.
Let’s take a look at another example.
Example: Jenny is being sued for a credit card debt in South Carolina. The debt collection agency that is suing her purchased the debt of $450 from her original creditor for a sliver of the original amount. After some investigating, Jenny realizes that she hasn’t been active on that account for more than four years. Since the statute of limitations on credit card debt is three years in South Carolina, Jenny decides to fight back. She uses SoloSuit to draft and file her Answer where she uses the expired statute of limitations as one of her affirmative defenses. After a few weeks, the court rules in Jenny’s favor, and the case gets dismissed.
Make the right affirmative defense the right way with SoloSuit.
If you are using the Magistrate Answer form this is where you will likely need additional pages if you have checked the box next to response “C” or “D” so that you can list and argue all of your affirmative defenses. If you are drafting your own response, you can create a new section following your responses to Complaint to go through each relevant affirmative defense separately.
Beyond affirmative defenses you can also assert counterclaims against the plaintiff. This could be appropriate in the event that you can show that the plaintiff violated South Carolina debt collection laws. South Carolina follows the federal Fair Debt Collection Practices Act and supplements that protection with the South Carolina Consumer Protection Code to further protect consumers from unfair debt collection in South Carolina. Please keep in mind, however, that counterclaims can be very complex and would be difficult to pursue without knowledgeable legal counsel.
The final step is to file your response with the proper court and serve your documents on the plaintiff to prove that you have responded within the allowed 30 day timeframe.
You should print out at least two copies of your Answer and your Appearance. Whenever possible, it is a good idea to make a third set for your own records. Make sure that you mail the first copy to the Court (use the address from the Summons and Complaint) or file in person at that Court. The other copy needs to be mailed to the plaintiff's attorney.
SoloSuit can file your Answer for you in all 50 states.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
The statute of limitations for South Carolina debt collection is three years. This means that any debt collection action for credit cards, medical debt, or ongoing contracts have to be begun before this three year period expires. Otherwise any collection efforts are time-barred because the statute of limitations expired.
Exception: the statute of limitations on judgment debts is 10. So if you lose your debt lawsuit and the collector gets a judgment against you, that judgment is valid for 10 years.
In other words, debt collectors have three years from the last activity on your debt account to take you to court. If they do not file the debt lawsuit within the three-year statute of limitations, the case is invalid, and you can use this as a defense in your Answer.
The table below further outlines the South Carolina statutes of limitations on debt and its different types:
Debt Type | Deadline |
---|---|
Credit card | 3 years |
Medical | 3 years |
Student loan | 3 years |
Auto loan | 3 years |
Personal loan | 3 years |
Oral contract | 3 years |
Judgment | 10 years |
Mortgage | 20 years |
Source: SC Code § 15-3-520, § 15-3-530, and Hardee v. Lynch |
Aside from the statute of limitations, there are other state laws that protect consumers from unfair treatment by debt collectors. South Carolina law defines a debt collector as anyone who regularly contacts consumers to recover money on past-due accounts. Debt collectors must follow the law at all times, this include the following rules:
The Fair Debt Collection Practices Act (FDCPA) outlines the regulations a debt collector must follow.
South Carolina debt collection laws prohibit wage garnishment to satisfy consumer debts. However, they can use other remedies, such as bank account levies and property liens.
Responding promptly to debt collection lawsuits can prevent the creditor from seeking a garnishment order.
SoloSuit helps consumers resolve debt at any stage. It's entirely online, and you use it to communicate with debt collectors, file your court response, force a case out of court, and settle a debt.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.The following is a summary of Mason's story about how he won a credit card debt lawsuit against Discover credit card.
Mason woke up Monday at 7:00 am to a sheriff knocking on his door. He says, "A sheriff served me with lawsuit papers from this credit card company. And at first, it was nerve-wracking because we were woken up very early."
The papers claimed he owed $5,777 in credit card debt, several times more than he remembered. Plus, it was such an old debt that he wondered why anyone would sue him.
Despite the initial shock, Mason wasted no time. He scoured the internet for help. Fortunately, his search uncovered SoloSuit. That same day, Mason arranged for his Answer to be sent to the court. Mason had 30 days until the deadline but chose to act immediately.
"Certain websites… just sort of tell you kind of what you should do, but there's no real definitive answer on what's next or what you should do or any guidance on how you should file an Answer or anything like that. I found SoloSuit. So I went through the process. It asked some simple questions on the Summons that I had received: the date, the court… I followed that step-by-step process, which I found very intuitive and easy because it just asked the questions, and it even had images of where that information was located—like case number and the court."
Mason chose the standard package, which lets consumers create the Answer document themselves—afterward, SoloSuit files for them.
Mason used the tracking numbers SoloSuit gave him to track the court filing and check that the opposing attorney also received the papers. Eleven days later, the court had officially filed his Answer. He was elated.
But Discover's attorneys kept pushing.
"After about, I would say, eight days, I received a response from the plaintiff attorney in a nice manila envelope, and they were filing for a Motion for Summary Judgment after receiving the Answer document and after the court had acknowledged them…. I read over the paperwork, and they were essentially submitting the same documents in the Motion for Summary Judgment that they had submitted originally, which I knew were inaccurate or false. They were submitting just a statement of how much was owed to Discover, which was not an accurate representation of when the account was last paid on."
Mason did not ignore the Motion for summary judgment, either. He used SoloSuit to file a Motion to Compel Arbitration. The court received and acknowledged his motion filing and set up a hearing.
When Mason finally appeared before the court, he was still feeling apprehensive, but he was prepared. He had his documents in order and was able to present his case.
The judge ruled in his favor, with prejudice, meaning he can never be sued again for this debt. It was clear that Discover was pursuing an old debt beyond the statute of limitations.
Discover dismissed the case, thanks to SoloSuit.
Hear Mason's full story in the video below:
You can request debt settlement in South Carolina before or after a lawsuit begins. Some creditors agree to settle debts to build their portfolios and avoid lengthy court proceedings. Others do so to avoid losing everything, especially if the consumer is high-risk. Debt settlement allows consumers to clear overburdening debt faster and cheaper.
Settling a debt requires you to make a substantial offer—60-80% of the balance. It works if you have a steady income flow. Approach your creditors after you have saved enough to make an offer.
Take the following steps to get the best debt settlement deal in South Carolina.
Here is why every step is crucial.
Debt collection lawsuits end in default judgments because many consumers ignore the Summons. It's hard to win a case when you never get a chance to defend yourself. Therefore, if you receive a debt collection Summons, respond immediately. Responding sets up the stage for possible negotiations with your creditor.
You will receive a Complaint document with every Summons. Be sure to respond to each complaint on the document. For every claim the plaintiff makes, respond with:
Lawyers advise you to deny everything to force the creditor to prove their case.
Afterward, list your affirmative defenses, whether that is a passed statute of limitations, fraud, or a fully paid account. A strong defense can move your creditor to accept debt settlement instead.
Next, file your response with the court. Remember to keep time when filing. You have 30 days in South Carolina.
Before making an offer, consider whether you have enough funds. Creditors prefer lump sum payments. Also, you want to avoid defaulting on the offer payment after acceptance.
Determine how much a creditor will accept. Original creditors typically prefer a 60%- 80% offer, but third-party debt collectors may take much less than that.
When you are ready, approach the creditor. Write a short and direct letter expressing your acknowledgment of at least part of the debt, explaining why you cannot afford to pay it in full, stating how much you are offering, and saying when you plan to pay if they accept your offer.
SoloSettle does all of the above for you within the same day. The web app also handles negotiations and documentation throughout the entire process.
Many consumers get duped by debt collectors who pretend to accept a settlement, take the money, and then sue or ask for more because they never agreed to the settlement in writing. Ensure you have a written debt settlement agreement that binds both parties to the terms of the contract.
If you use a debt settlement company, ensure it is a reputable organization. South Carolina laws also protect you from unruly debt settlement companies. They must play by the following rules.
Thousands trust SoloSettle for its easy-to-use interface, efficiency, active approach, and built-in legal protection when communicating with creditors. To learn more about these three steps, watch the following video:
Many consumers feel defeated when debt becomes an unrelenting burden instead of a way out of their financial problems. The stress affects all areas of their lives. South Carolinians are familiar with the debt crisis. According to a May 2022 Federal Reserve Bank of New York report, South Carolina residents struggle with more delinquent debt than the national average.
Seeking debt relief in South Carolina may help, especially if you struggle with the following:
South Carolina has many debt relief programs for those who qualify. Some are free, while others require a small fee.
Credit counselors offer guidance on debt management. If you use a reputable company, they will help you review your finances and develop a customized plan to recover from debt.
Below are some examples of reputable credit counseling organizations in South Carolina.
You can find more recommendations from The National Foundation of Credit Counseling.
These programs provide avenues to evaluate your credit, debt, and budget to determine your needs. The counselor then helps you weigh your best choice—debt settlement, debt consolidation, or bankruptcy options. Once you pick an option, the company may work with you to implement it or refer you to another reputable organization.
Debt consolidation allows you to pay off your debts at a lower interest. It does minor damage to your credit score compared to bankruptcy and debt settlement.
You can consolidate debt using several ways:
Remember that monthly repayments may be higher if you want to pay off debts before the rates increase.
South Carolina residents struggling with debt may qualify for the following financial assistance programs:
As you seek debt relief, remember to respond to debt collection calls and lawsuits to avoid unreasonable consequences such as default judgment.
South Carolina residents can look up their court cases on the state's judicial branch website, in person at the courthouse, or by requesting copies from the National Archives and Records Administration (NARA). You should be able to provide some case details to access the files.
To narrow the search, you may also need a basic understanding of how the court system works.
Four levels of courts deal with civil cases in South Carolina.
The Supreme Court and Court of Appeals both take up cases that have been appealed from lower courts. The Circuit Court has jurisdiction over civil cases in South Carolina, no matter their monetary value, and cases that have been appealed from the Magistrate Court. The Magistrate Court tackles small claims cases that involve $7,500 or less.
South Carolina has used a uniform case numbering system since 1974. Each case number identifies the year, court (CP, GS, DR, or JU), county code (number), and the sequential number of that case assigned throughout the year. For example, case number 2024-CP-23-004567 would be the 4,567th Common Pleas case filed during 2024 in Greenville County.
All counties' numeric codes are available on South Carolina's Rule of Civil Procedure website.
South Carolina judicial branch has an online case lookup tool. Visit the website, select your county, agree to terms, and search. To search, you must enter some of the following information:
You may further narrow your search by entering the court and division where the case is filed.
If you need to know your court's address, the SC judicial branch has compiled a list.
At each divisional clerk's office, South Carolina residents have public access to computer terminals in Charleston, Columbia, Florence, and Greenville. Searches require case numbers, party names, or filing date ranges. You'll pay for printing per page.
The clerk's office can provide copies at a small fee. Certified copies cost slightly more. You must be present in person or via written request to access the records; a phone call is not allowed because of the prepayment requirement.
The fee to retrieve the first box of records is $64 and $39.00 for each additional box. The request must include the case file's Accession Number and Location Number.
You can always stop debt collection lawsuits by responding with SoloSuit's Answer. You can also settle the debt before it's too late.
South Carolina wage garnishment law favors consumers more than other states. The court cannot order employers to withhold payment for consumer debts.
Courts can only order garnishment for debts for federal government debts, child or spousal support, and those with a judgment and withholding order from a state you previously resided in. Additionally, South Carolina does not require employees to honor out-of-state wage garnishment orders.
Consumers can stop wage garnishment by using the law:
The South Carolina Consumer Protection Code governs wage garnishment. Below is an overview of the statute:
Even if a debt qualifies for garnishment, some of your income is exempted.
Consider how to stop wage garnishment in South Carolina below.
If someone is illegally garnishing your wages or the garnishment is causing your family undue stress, you can find a way out.
Resolve your debt in South Carolina before your wages are garnished with SoloSuit. Communicate fearlessly with debt collectors and promptly respond to debt collection lawsuits even without prior experience.
Every state has at least one government-funded organization that provides free legal services to people who cannot otherwise afford it. In South Carolina you can check out either of the below organizations:
Go here for a list of South Carolina Court Locations: South Carolina Court Locations
In short, here's a quick review on how to respond to a Summons for debt collection in South Carolina.
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
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If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.