How to Answer a Summons for Debt Collection in South Carolina

No one wants to get sued for debt collection. You probably don’t have extra money for legal help. You might feel overwhelmed by everything happening right now. Ignoring the lawsuit won’t make it disappear. Failing to respond hands the creditor an automatic win.

Good news: responding to a debt lawsuit isn’t as hard as you think. You can handle it yourself with the right information. We’ll walk you through every step to respond to a South Carolina debt collection lawsuit. You’ll learn about deadlines, forms, and filing fees specific to your state.

You Have 30 Days to File Your Answer in South Carolina

Every state has different rules for lawsuit response deadlines. South Carolina Rules of Civil Procedure Rule 12(a) is clear about your timeline.

You must serve your answer within 30 days after receiving the complaint. The clock starts the day you were served the Summons and Complaint documents.

Missing this deadline has serious consequences. The plaintiff can request a default judgment from the court. You’ll lose automatically without getting your day in court. The judgment will include the full amount they requested plus court costs and attorney fees.

Private debt collectors can’t garnish your wages in South Carolina. SC Code § 15-39-420 prohibits wage garnishment for consumer debt like credit cards and medical bills.

Exceptions exist to this protection. The government can garnish wages for unpaid taxes. Child support and spousal support allow wage garnishment. Valid garnishment orders from other states can follow you to South Carolina.

Collectors still have other tools available. They can pursue bank account levies, writs of execution, and property liens. Responding to the lawsuit protects you from all these collection methods.

Use These South Carolina Answer to Summons Forms

You can use our partner Solo to respond to your lawsuit. Professional litigation attorneys drafted the form. It works in magistrate court and other South Carolina courts. The service has protected over $100 million for consumers.

Magistrate court cases can use court form SCCA/703 if you prefer DIY. South Carolina Magistrates handle civil matters under $7,500 in controversy. Cases exceeding $7,500 go to Circuit Court. You’ll need to draft your own response for Circuit Court cases. No standard form exists through the court system for higher amounts.

We’ll guide you through the entire process step by step. Our partner Solo handles all the detail work for you. Answer a few questions online to get started. The system formats your answers properly. An attorney reviews your completed Answer before filing. The service files the paperwork on your behalf.

South Carolina Courts Don’t Charge an Answer Filing Fee

You won’t pay anything to file an Answer in South Carolina. Other court documents require fees, but your initial Answer is free.

South Carolina does charge fees for other filings. Check the fee schedules on the South Carolina Courts website. Motion fees vary by document type.

Our partner Solo calculates all filing fees automatically for any additional documents.

Use These Steps to Respond to Your Debt Collection Case

Debt lawsuits begin when the plaintiff files a Summons and Complaint. You receive copies of both documents through service. The Summons officially notifies you of the lawsuit. The Complaint lists specific claims against you.

Your 30-day deadline starts when you receive service. Usually the plaintiff files a certificate of service with the court. The certificate confirms you received proper notification of the case.

The flowchart of a debt collection lawsuit shows multiple paths to victory. Understanding the timeline helps you take control of your situation.

Responding on your own is less complicated than you think. You don’t need to feel intimidated by legal proceedings.

Follow these three steps to respond to your South Carolina debt lawsuit:

1. Answer each issue in the Complaint
2. Assert your affirmative defenses
3. File the Answer with the court and serve the plaintiff

Step 1: Answer Each Issue in the Complaint

Respond to each allegation in the Complaint separately and directly. You should answer every numbered paragraph with one of three responses.

Your response options are simple:

1. Admit means the statement is true
2. Deny means they must prove their claim
3. Deny due to lack of knowledge means you don’t have enough information

Use the same numbering as the Complaint paragraph you’re answering. Clear numbering shows which response matches which allegation.

Most attorneys recommend denying as many claims as possible. Admitting obvious facts like your name or address won’t hurt you. Deny any allegations that aren’t true or you can’t verify. You can admit part of a claim and deny another part. Use “deny due to lack of knowledge” for information you can’t independently confirm.

Consider this example: Frank got sued by Midland Credit Management for an unfamiliar debt. He used our partner Solo to respond to his case. He denied all claims about the supposed debt in the Complaint. His denials forced Midland to prove their case. After reviewing their documents, the debt collection agency realized they lacked sufficient evidence. They dismissed the case voluntarily. Frank never actually owed the debt they claimed.

The Magistrate Answer form offers only four consolidated response options. You must contest jurisdiction, admit everything, admit partial responsibility, or deny all responsibility. The form provides lines for explanations. You can attach additional pages if needed.

Sign the form to verify your information is true and correct. Truthfulness is critical in all your responses.

Step 2: Assert Affirmative Defenses

Affirmative defenses let you fight back against the lawsuit. You can raise any reason showing the plaintiff has no case against you. Defenses include factual disputes and legal arguments.

South Carolina Rules of Civil Procedure Rule 8(c) lists common affirmative defenses. You can assert accord and satisfaction, statute of limitations, payment, fraud, and other defenses.

Assert every affirmative defense that applies to your situation. We’ll cover the most common defenses below.

Payment is the ultimate defense in any collection action. Proving you paid the debt ends the lawsuit immediately. This happens more often than you’d expect. Third-party debt collectors buy debts in large bundles. Individual account details sometimes get lost in the transfer.

Accord and satisfaction refers to agreements with the creditor. You may have agreed to pay less to satisfy the debt fully. These details can fall through the cracks when debts get sold. Attach proof of any such agreement to your Answer.

Bankruptcy discharge makes debts uncollectible through the legal system. If you previously filed bankruptcy including this debt, the plaintiff has no case. Your bankruptcy discharge protects you from further collection attempts.

Statute of limitations is a deadline law for legal action. We’ll discuss South Carolina’s statute of limitations on debt in detail later.

Here’s another example: Jenny got sued for a credit card debt in South Carolina. A debt collection agency bought her $450 debt for pennies on the dollar. Jenny investigated and discovered she hadn’t been active on that account for over four years. South Carolina’s statute of limitations on credit card debt is three years. She used our partner Solo to draft and file her Answer. She used the expired statute of limitations as an affirmative defense. After a few weeks, the court ruled in Jenny’s favor. The case got dismissed completely.

You may need additional pages for the Magistrate Answer form. Extra pages let you list and argue all your affirmative defenses. Draft your own response with a separate section for affirmative defenses after your Complaint responses.

You can also assert counterclaims against the plaintiff. Counterclaims work when the plaintiff violated South Carolina debt collection laws. South Carolina follows the federal Fair Debt Collection Practices Act. The South Carolina Consumer Protection Code provides additional consumer protections. Counterclaims can be very complex. You’ll likely need legal counsel to pursue them effectively.

Step 3: File the Answer and Serve the Plaintiff

File your response with the proper court. Serve your documents on the plaintiff to prove you responded within 30 days.

Print at least two copies of your Answer and Appearance. Making a third set for your records is smart. Mail the first copy to the Court using the address from the Summons. You can also file in person at that Court. Mail the other copy to the plaintiff’s attorney.

Our partner Solo files your Answer for you in all 50 states.

Statute of Limitations on Debt in South Carolina

The statute of limitations for South Carolina debt collection is three years. Debt collection actions for credit cards, medical debt, or ongoing contracts must begin before this period expires. Collection efforts become time-barred after the statute expires.

Exception: judgment debts have a 10-year statute of limitations. If you lose your debt lawsuit and the collector gets a judgment, that judgment is valid for 10 years.

Debt collectors have three years from the last activity on your account. They cannot file a debt lawsuit after the three-year statute of limitations expires. The case is invalid if they miss the deadline. You can use this as a defense in your Answer.

Statute of Limitations on Debt in South Carolina

Other South Carolina Debt Collection Laws Protect Consumers

State laws protect consumers from unfair debt collector treatment beyond the statute of limitations. South Carolina law defines debt collectors as anyone regularly contacting consumers about past-due accounts.

Debt collectors must follow these rules at all times:

• They cannot sue you for time-barred debts
• They cannot harass you by calling too early or too late
• Debt collectors cannot embarrass you by publicizing your debts
• They cannot lie

The Fair Debt Collection Practices Act outlines regulations debt collectors must follow. South Carolina debt collection laws prohibit wage garnishment for consumer debts. They can use other remedies like bank account levies and property liens.

Responding promptly to debt collection lawsuits prevents the creditor from seeking garnishment orders. You can resolve debt at any stage by responding appropriately.

How Mason Won His Credit Card Debt Lawsuit in South Carolina

Mason woke up Monday at 7:00 am to a sheriff knocking. A sheriff served him with lawsuit papers from a credit card company. He says the early wake-up call was nerve-wracking.

The papers claimed he owed $5,777 in credit card debt. The amount was several times more than he remembered. The debt was so old he wondered why anyone would sue.

Mason wasted no time despite the initial shock. He scoured the internet for help. His search uncovered our partner Solo. That same day, Mason arranged for his Answer to be sent to court. Mason had 30 days until the deadline but chose immediate action.

How Did the Software Help Mason?

Mason found certain websites just sort of tell you what you should do. They offered no real definitive answer on what’s next. He found the step-by-step process very intuitive and easy. The system asked simple questions about his Summons. It even showed images of where information was located on the document.

Mason chose the standard package. Consumers create the Answer document themselves. The service files for them afterward.

Mason used tracking numbers to track the court filing. He verified the opposing attorney received the papers. Eleven days later, the court officially filed his Answer. He was elated.

But Discover’s attorneys kept pushing.

After about eight days, Mason received a response from the plaintiff attorney. They were filing for a Motion for Summary Judgment after receiving the Answer. Mason read over the paperwork carefully. They were submitting the same documents as originally filed. He knew those documents were inaccurate or false. They submitted just a statement of how much was owed. The statement was not an accurate representation of when the account was last paid.

Mason did not ignore the Motion for Summary Judgment. He used our partner Solo to file a Motion to Compel Arbitration. The court received and acknowledged his motion filing. They set up a hearing.

Mason appeared before the court still feeling apprehensive but prepared. He had his documents in order. He was able to present his case.

The judge ruled in his favor with prejudice. He can never be sued again for this debt. Discover was clearly pursuing an old debt beyond the statute of limitations.

Discover dismissed the case completely.

Settle Debt in South Carolina With These Three Steps

You can request debt settlement before or after a lawsuit begins. Some creditors agree to settle debts to build portfolios and avoid lengthy proceedings. Others settle to avoid losing everything if the consumer is high-risk. Debt settlement allows consumers to clear overburdening debt faster and cheaper.

Settling debt requires a substantial offer of 60-80% of the balance. It works if you have steady income flow. Approach your creditors after you’ve saved enough to make an offer.

Take the following steps to get the best debt settlement deal:

• Respond to every debt lawsuit with an Answer
• Make an offer to start settlement negotiations
• Get the debt settlement agreement in writing

Step 1: Respond to the Debt Collection Lawsuit With an Answer

Debt collection lawsuits end in default judgments because many consumers ignore the Summons. Winning is hard when you never defend yourself. If you receive a debt collection Summons, respond immediately. Responding sets up the stage for possible negotiations with your creditor.

You’ll receive a Complaint document with every Summons. Respond to each complaint on the document. For every claim the plaintiff makes, respond with admit, deny, or deny for lack of knowledge.

Admit means you accept the charges. Deny means the plaintiff must prove their accusations. Deny for lack of knowledge means you don’t understand the complaint and need further information.

Lawyers advise denying everything to force the creditor to prove their case.

Afterward, list your affirmative defenses. Strong defenses include passed statute of limitations, fraud, or fully paid accounts. A strong defense can move your creditor to accept debt settlement instead.

File your response with the court on time. You have 30 days in South Carolina.

Step 2: Make an Offer to Start Negotiations

Consider whether you have enough funds before making an offer. Creditors prefer lump sum payments. You want to avoid defaulting on the offer payment after acceptance.

Determine how much a creditor will accept. Original creditors typically prefer 60%-80% offers. Third-party debt collectors may accept much less.

Approach the creditor when you’re ready. Write a short and direct letter. Acknowledge at least part of the debt. Explain why you cannot afford to pay in full. State how much you’re offering. Say when you plan to pay if they accept.

SoloSettle does all of the above for you within the same day. The web app handles negotiations and documentation throughout the entire process.

Step 3: Get the Settlement in Writing

Many consumers get duped by debt collectors pretending to accept settlements. They take the money, then sue or ask for more. This happens because they never agreed to the settlement in writing. Ensure you have a written debt settlement agreement binding both parties.

If you use a debt settlement company, ensure it’s reputable. South Carolina laws protect you from unruly debt settlement companies. They must play by specific rules.

They must be licensed and ensure continuous employee training. They should not charge exorbitant fees. They should not make unreasonable or deceitful promises. They should provide a contract for every agreement reached. They must pay penalties if they violate any outlined laws.

Get Debt Relief in South Carolina

Many consumers feel defeated when debt becomes an unrelenting burden. The stress affects all areas of their lives. South Carolinians are familiar with the debt crisis. According to a May 2022 Federal Reserve Bank report, South Carolina residents struggle with more delinquent debt than the national average.

Seeking debt relief in South Carolina may help if you struggle with:

• Barely keeping up with minimum repayments
• Hardly meeting your basic needs because of too many debt obligations
• Debt not decreasing despite your best efforts
• Filing bankruptcy has been on your mind

South Carolina has many debt relief programs for those who qualify. Some are free while others require a small fee.

Use Credit Counseling Programs

Credit counselors offer guidance on debt management. Reputable companies will help you review your finances. They develop a customized plan to recover from debt.

Below are some examples of reputable credit counseling organizations in South Carolina:

• Origin in Charlton
• Consumer Credit Counseling Service of Beaufort
• United Ministries in Greenville

The National Foundation of Credit Counseling provides more recommendations.

These programs evaluate your credit, debt, and budget to determine your needs. The counselor helps you weigh your best choice. Options include debt settlement, debt consolidation, or bankruptcy. Once you pick an option, the company may work with you to implement it or refer you to another organization.

Debt Consolidation

Debt consolidation allows you to pay off debts at lower interest. It does minor damage to your credit score compared to bankruptcy and debt settlement.

You can consolidate debt using several methods:

Credit transfer: Consumers with good credit scores typically have access to low interest rates. You may qualify for a 0% APR balance transfer credit card. The credit card company lets you move all debts to the new card. The 0% APR introductory period lasts 12-24 months. You can save hundreds of dollars paying off debt within that period.

Lower-interest personal loans: Consumers with high interest rates can find relief through lower-interest loans. You’ll save considerable money getting a 5%-10% APR with favorable repayment terms.

Monthly repayments may be higher if you want to pay off debts before rates increase.

South Carolina’s Special Assistance Programs

South Carolina residents struggling with debt may qualify for these financial assistance programs:

• SC Appleseed
• Temporary Assistance for Needy Families (TANF)
• Supplemental Nutrition Assistance Program (SNAP)
• Food and Nutrition Programs
• South Carolina Family Independence
• Private Student Loan Relief

As you seek debt relief, remember to respond to debt collection calls and lawsuits. Responding avoids unreasonable consequences like default judgment.

Find Your Court Case in South Carolina

South Carolina residents can look up court cases on the state’s judicial branch website. You can also search in person at the courthouse. Request copies from the National Archives and Records Administration (NARA). You should provide some case details to access the files.

You may need basic understanding of how the court system works to narrow your search.

South Carolina Civil Court System

Four levels of courts deal with civil cases in South Carolina:

• Supreme Court
• Court of Appeals
• Circuit Courts
• Magistrate Court

The Supreme Court and Court of Appeals take up cases appealed from lower courts. Circuit Court has jurisdiction over civil cases regardless of monetary value. It also handles cases appealed from Magistrate Court. Magistrate Court tackles small claims cases involving $7,500 or less.

How Case Numbers Work in South Carolina

South Carolina has used a uniform case numbering system since 1974. Each case number identifies the year, court type, county code, and sequential number. For example, case number 2024-CP-23-004567 would be the 4,567th Common Pleas case filed during 2024 in Greenville County.

All counties’ numeric codes are available on South Carolina’s Rule of Civil Procedure website.

Access Court Records Online

South Carolina’s judicial branch has an online case lookup tool. Visit the website, select your county, agree to terms, and search. You must enter some of the following information:

• Case number
• Case type
• Case name
• Business name
• Action type
• Filing date

You may narrow your search by entering the court and division where the case was filed.

Visit the South Carolina Courthouse

The SC judicial branch has compiled a list of court addresses.

Each divisional clerk’s office provides public access to computer terminals. Searches require case numbers, party names, or filing date ranges. You’ll pay for printing per page.

The clerk’s office can provide copies at a small fee. Certified copies cost slightly more. You must be present in person or submit a written request. Phone requests aren’t allowed because of prepayment requirements.

Obtain Copies From the National Archives

The fee to retrieve the first box of records is $64. Each additional box costs $39. The request must include the case file’s Accession Number and Location Number.

You can always stop debt collection lawsuits by responding with an Answer. You can also settle the debt before it’s too late.

Stop Wage Garnishment in South Carolina

South Carolina wage garnishment law favors consumers more than other states. The court cannot order employers to withhold payment for consumer debts.

Courts can only order garnishment for federal government debts. Child or spousal support allows garnishment. Judgments and withholding orders from a state you previously resided in can follow you.

South Carolina does not require employees to honor out-of-state wage garnishment orders.

Consumers can stop wage garnishment by using the law.

South Carolina Wage Garnishment Statutes

The South Carolina Consumer Protection Code governs wage garnishment. Below is an overview of the statute:

• Consumer debts like credit cards, consumer leases, auto loans, and medical bills cannot be garnished
• Back taxes do not require a court order to garnish wages
• Child and spousal support debts can attract garnishment
• Employers cannot terminate employees due to garnishments

Even if a debt qualifies for garnishment, some of your income is exempted.

• The court can only grant withholding orders on earnings over 30 times the weekly minimum hourly wage
• Supplemental Security Income, disability benefits, unemployment benefits, and Social Security are exempt
• Income from child support or alimony is generally exempt

Stopping Wage Garnishment in South Carolina

If someone is illegally garnishing your wages, you can find a way out. Options include:

• Apply for bankruptcy
• Apply for exceptions
• Dispute the order

Resolve your debt in South Carolina before your wages are garnished. Communicate fearlessly with debt collectors. Respond promptly to debt collection lawsuits even without prior experience.

South Carolina Legal Aid Organizations Can Assist You

Every state has at least one government-funded organization providing free legal services. People who cannot otherwise afford legal help can access these services. In South Carolina you can check out these organizations:

• South Carolina Legal Services
• South Carolina Appleseed Legal Justice Center

South Carolina Court Locations

You can find a complete list of South Carolina Court Locations on the South Carolina Courts website. The site provides addresses and contact information for all circuit courts throughout the state.