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List of collection agencies in South Carolina
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Debt Collection Laws in South Carolina
- Fair Debt Collection Practices Act (FDCPA): Like all states, South Carolina is subject to the federal Fair Debt Collection Practices Act. The FDCPA applies to third-party debt collectors and prohibits them from engaging in deceptive, abusive, or unfair practices when collecting a debt.
- South Carolina Consumer Protection Code: South Carolina does not have a separate fair debt collection practices act like some states, but the South Carolina Consumer Protection Code does offer some protections for consumers in debt collection.
- Statute of Limitations: In South Carolina, as of 2021, the statute of limitations for written contracts and credit card debts is 3 years. For oral contracts, it is also 3 years. Once this period has passed, debt collectors cannot sue to collect the debt. Be cautious, as acknowledging the debt or making a payment can restart the statute of limitations.
- Wage Garnishment: In South Carolina, wage garnishment is not allowed for most consumer debts unless the creditor has a court order. However, there are exceptions for debts such as child support, student loans, and taxes.
- Bank Account Levies and Property Liens: If a creditor obtains a court judgment against a debtor, they may be able to levy the debtor’s bank account or place a lien on the debtor’s property in South Carolina.
- Communication with Debt Collectors: Under the FDCPA, debt collectors are subject to restrictions on their communication practices. For example, they cannot contact debtors at inconvenient times, harass them, or communicate with third parties about the debtor’s debt without permission.
- Exemptions: South Carolina law provides various exemptions to protect a debtor’s property from being seized to pay a judgment. This includes exemptions for homesteads, personal property, wages, and certain types of income.
- Debt Collection Licensing: As of 2021, debt collectors operating in South Carolina are required to be licensed by the South Carolina Department of Consumer Affairs.
As laws can change, it is important to consult a lawyer or legal aid organization for the most current information and advice on dealing with debt collectors in South Carolina.
Only one party’s consent is enough to record phone calls.
A collection agency licensed in SC can recover money in the entire state, including Charleston, Columbia, Mount Pleasant, Rock Hill, Greenville, Summerville, Goose Creek, Sumter and Spartanburg.