Federal laws such as the Fair Debt Collection Practices Act help protect residents of South Carolina. Even when someone owes a credit card company or similar business money, they still have a number of legal rights. Also, South Carolina residents who just can't pay their consumer debts as promised have the option to file for bankruptcy.
Debt Collection Calls
Debt collectors can call your house unless you've informed them in writing that their calls are not welcomed, according to the South Carolina Department of Consumer Affairs. They cannot call your place of employment if your boss disapproves of such calls during your work day. Also, bill collectors can only call you between the hours of 8 a.m. and 9 p.m. Eastern Standard Time.
Collection Letters
Bill collectors can send you written notices demanding payment of funds owed to a credit card company, bank or similar place of business, notes the South Carolina Department of Consumer Affairs. But they cannot contact you by postcard because that violates your right to privacy. Also, debt collectors cannot legally claim that correspondence they send you are legal papers unless they truly are such documents.
Unfair Collection Practices
No matter how much money you owe, debt collectors cannot legally threaten you with harm or legal action, notes the South Carolina Department of Consumer Affairs. They also cannot talk to other people about your debts without your consent. If you decide to pay the debt by postdated check, the agency cannot deposit that check early. South Carolina state laws ban garnishment of wages for collection of consumer-oriented debts so collectors cannot legally threaten to seize your wages.
The Bankruptcy Option
If you can't pay your debts as promised, federal law allows you to file bankruptcy at your nearest branch of the United States Bankruptcy Court District of South Carolina. Most people declaring bankruptcy choose to request full consumer debt relief under Chapter 7 or partially repay debts in Chapter 13. But you can't include every type of debt in your bankruptcy case; child support, alimony, court fines, tax bills less than three years old, most federally backed student loans, debts incurred right before filing bankruptcy and debts resulting from the commission of a crime are ineligible for bankruptcy assistance.
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