South Carolina Sample Letter for Debtor Examination
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How to fill out Sample Letter For Debtor Examination?
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FAQ
South Carolina law permits creditors to execute bank levies against debtors, but exempts certain types of accounts and monies from seizure. The procedure in South Carolina to obtain funds in an account is usually via a supplemental hearing in state Equity Courts to enforce a civil judgment against a debtor.
While a prayer for judgment is used in North Carolina, it is not available in South Carolina.
If you received a Summons and Complaint it is important that you file an Answer within 30 days of being served. You must also mail a copy to the Plaintiff or their lawyer (if they have one) before you file the answer with the court.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Can I go to jail for not paying a judgment? No, you cannot go to jail for not paying a judgment. A judgment means the company can try to collect from you, it does not mean you have to pay them if you are unable to. (See South Carolina Legal Services' brochure: ?Being Judgment Proof?.
I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.
Follow these three steps to respond to a South Carolina debt collection lawsuit: Answer each issue of the Complaint. Assert your affirmative defenses. File the Answer document with the court, and serve the plaintiff with a copy.
Record your agreement. If you agree to a repayment or settlement plan, get the plan and the debt collector's promises in writing before you make a payment. Those promises may include stopping collection efforts and ending or forgiving the debt once you have completed the plan.
