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A judgment is a court order stating that you owe the debt collector money because of a lawsuit. You may have received a judgment because the court decided in favor of the debt collector in a trial, or because you did not respond to a lawsuit that was filed against you.
Statutes of limitations exist for many different legal issues, including consumer and business debt. Under South Carolina law (S.C. Code § 15-3-530), the statute of limitations for most types of consumer and business debt is three (3) years.
Summary Court in South Carolina is also known as Magistrate Court - the Judge is called a Magistrate. Credit card companies, finance companies and other debt collectors (called "creditors") can file lawsuits to collect debt from you in these courts if the amount is less than $7500.
Generally, where the court's judgment requires payment of money, the most common remedy in magistrate's court is execution. The process to enforce a judgment for the payment of money shall be by writ of execution and shall be conducted as provided by law.
Each state has different laws when it comes to the statute of limitations on debt. In South Carolina mortgage debt has a statute of limitations of 20 years. This is quite long compared to consumer debt such as credit card debt, which has a statute of limitations of 3 years.
Setoff Debt & GEAR? South Carolina law requires the SCDOR to assist qualifying entities in collecting debts through two collection programs: Setoff Debt and GEAR. Setoff Debt allows the SCDOR to assist in collecting debts owed to claimant agencies by garnishing South Carolina Individual Income Tax refunds.
Debt Collection Laws in South Carolina Residents of South Carolina fall under the Federal Debt Collections Protection Act, which prohibits collection agencies from harassing borrowers or using unfair or misleading tactics to collect debts.
The state of South Carolina is one of four states that does not permit wage garnishment. However, state law does permit creditors to pursue garnishment against your bank account, effectively freezing your assets.