South Carolina Cease and Desist for Debt Collectors
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How to fill out Cease And Desist For Debt Collectors?
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FAQ
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides a mechanism for you to stop debt collectors from contacting you. You can do this by sending a Cease and Desist Letter. Federal law allows you to communicate with debt collectors to tell them that you want them to stop contacting you.
In South Carolina, creditors and debt collectors can only come after you for medical and credit card debt for three years. They can pursue you for mortgage debt for twenty years and state tax debt for ten years.
This letter should be addressed and directed at one creditor only. You'll have to write one for each of the creditors that you want to stop calling you. Sending a cease and desist letter isn't a solution to your problem; it's merely a solution to receiving annoying phone calls.
3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex.Bank Account Information.Credit Card Number.Social Security Number.
Dear debt collector: Pursuant to my rights under the state and federal fair debt collection laws, I hereby request that you immediately cease all calls to your phone number in relation to the account of wrong person's full name. This is the wrong number to contact that person.
The statute of limitations for all types of debt is three years in South Carolina. This includes written contracts such as bank loans and medical bills, promissory notes such as mortgages and open-ended accounts such as credit cards.
South Carolina is one of the few states in the country where a creditor of a consumer debt can't garnish your wages. But for some other types of debts, you might still lose some of your paycheck to a garnishment.
If you believe a debt collector is harassing you, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also contact your state's attorney general .
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. Medical debt also holds a statute of limitations of 3 years, while auto loan debt is 6, and state tax debt is 10.
Judgments in South Carolina may not be renewed. The South Carolina Supreme Court has concluded that a judgment is utterly extinguished after the expiration of ten years from the date of entry. Hardee v.
