South Carolina Statute of Limitations on Debt

Chloe Meltzer

May 07, 2021

Let debt collectors know they're out of time.

Summary: Is a debt collector trying to sue you for an old debt in South Carolina? Fight back using the statute of limitations for South Carolina. You can win your case in court by letting the creditor or debt collector know they're too late.

When it comes to debt, there are various methods that debt collectors and creditors take to have you pay back a debt. Although it takes many steps to get to this point, some of the last steps taken by debt collectors involve garnishing wages and placing liens on your property. In the state of South Carolina, debt relief and debt collection protections are prominent.

The state of South Carolina has several laws that protect even beyond federal protections and prohibit the use of wage garnishment in connection to consumer debts. This can protect huge amounts of your property and estate from debt collectors should you fall into financial trouble.

It is also good to note that South Carolina has loose restrictions on payday loans. With legal rates as high as 400% or more, you can get yourself into a sticky situation. Regardless, this is why you need to be informed of all of your options when it comes to debt. One of your options includes examining the statute of limitations on debt.

Make the right defense the right way with SoloSuit.

Understanding Debt Collection Lawsuits in South Carolina

If you fall behind on any debt payments, a creditor will most likely attempt to collect on this debt. This may occur by contacting you via phone or mail. If they attempt to contact you enough time and cannot, eventually they might turn to sell your debt to a third-party debt collector.

At this point, the debt collector will most likely attempt to sue you to collect the debt. You should never admit that the debt is yours, but you will need to respond. This should be done within 30 days after receiving notification of the debt. You should also request verification of the debt, and proof of their right to sue you.

The debt collector then has 30 days to mail you a verification. This will include the amount of the debt, the name, and address of the original creditor, as well as the chain of custody. From this information, you should be able to understand if you owe this debt or if it is past the statute of limitations.

The FDCPA Protects Consumers from Aggressive Tactics

Third-party debt collectors are prohibited under federal law from harassment. This is because as a consumer you have certain protections under the Fair Debt Collection Practices Act (FDCPA). This law restricts where and when third-party debt collectors can contact you, and in which manner they may do so.

Debt collectors may contact you at home, as well as at your place of work, but only if you are allowed to receive calls there. They may also contact your neighbors, friends, and family members, but only once, and they are not allowed to tell them any information that would reveal the call is about debt. If you request them to stop contacting you, they must respect this.

This law says that debt collectors may not call you before 8 am or 9 pm. Additionally, if your debt has passed the statute of limitations, then they legally cannot pursue you for the debt any longer.

Don't let debt collectors push you around. Fight back with SoloSuit.

Protected Assets in South Carolina

Although other states have laws in which debt collectors may garnish wages, this is not the case in South Carolina. In South Carolina, your wages may not be garnished and sent to a debt collector. This is great for South Carolina residents because it takes the added stress of wage garnishment off of the table.

However, in South Carolina, debt collectors may go after your home and other assets after obtaining a default judgment. There is a list of protected assets in South Carolina that you should be aware of including:

  • Up to $50,000 in equity in a home where you live
  • Up to $50,000 in equity in any burial plot you own
  • Up to $5,000 in equity in your vehicle
  • Up to $1,000 in personal or family jewelry
  • Up to $4,000 in personal belongings (can include livestock)
  • Up to $1,500 in professional items
  • Up to $3,000 in firearms
  • Any settlement payments

What is the Statute of Limitations?

The statute of limitations is a period of time in which a creditor or debt collector is legally allowed to sue you. If they do not sue you within this time period, the debt will be considered “time-barred.” Although most debt collectors will attempt to sue you in hopes that you do not know this law, it is illegal. Most judges will not look into the debt to see if the statute of limitations has expired. This means if you are not aware that the statute is expired, you may end up paying more than you should have or suffer from a default judgment.

Oftentimes, when a debt is nearing time-barred status, debt collectors will call and attempt to force you to make a small payment. This is because if you make any sort of payment on the debt, it will restart the statute of limitations clock. This will allow them to take you to court and start the process over again.

Respond to debt collection lawsuits in 15 minutes with SoloSuit.

South Carolina Statute of Limitations on Debt

South Carolina Statute of Limitations
on Debt

Debt Type

Deadline in Years



Credit Card


Auto Loan


State Tax


Mortgage Debt


Source: Findlaw

Each state has different laws when it comes to the statute of limitations on debt. 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.

If you are fighting a debt lawsuit, then you need to explore all options to either pay off or avoid collections on your debt. Investigating the statute of limitations is a great option. Always remember if you pay on a time-barred debt, it will come alive again, and you can then be sued for the debt in court.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for Debt Collection Guides for Other States

Here's a list of guides for other states.

All 50 states.

Guides on How to Beat Every Debt Collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Win Against Credit Card Companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get Answers to These FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review