Creditors attempting to collect a debt are regulated nationwide by the federal laws in the Fair Debt Collection Practices Act (FDPCA). Creditors wishing to file liens and judgments against consumers must adhere to the FDPCA and additional laws set forth by the state of South Carolina. The FDPCA covers consumer debt but not debt incurred for business purposes. South Carolina has enacted laws that provide additional protection for consumers and legal remedies against creditors who harass consumers.
Judgments and Liens by Creditors
According to Title 37 of the South Carolina consumer protection code, creditors have the legal right to file a lien against the personal property of a consumer who does not pay an owed credit card debt. Creditors must give at least 20 days notice before filing in court for a judgment against your home or other personal property. However, the cost of filing these types of cases is high. Unless you owe a large amount, it is unlikely the creditor will take this action.
Garnishment of Wages
In some states creditors owed a debt have a right to garnish wages. This tactic is less expensive than filing a judgment and provides a quicker remedy to the creditor. South Carolina law prohibits creditors from garnishing wages. However, it is possible to live in South Carolina and still have a wage garnishment if the company you work for is headquartered in a state that allows garnishments.
Protection Against Harassment
Title 37 provides legal remedies for consumers who have been harassed by debt collectors. In South Carolina, a debt collector is not the original lender. A debt collector is an agency hired by the original lender to collect a debt.
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