Debt Collection Abuse

Car Repossession in South Carolina: What You Need to Know

Repossession is a process in South Carolina that allows a lender to take back a car when a borrower defaults on the loan or lease payments or some other condition of the loan (like keeping up collision insurance).   While a lender does not need a court order to do this, they may take a specific action that can be considered wrongful --  and create potential legal claims by the borrower. Here are the “Big 4” "No-No's" for lenders repossessing cars in South Carolina.  1. Breach of the Peace Lenders are prohibited from using force or threats of violence to reposse ...

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Can a Debt Collector Sue You?

I get asked this question a lot.  And the answer is (like so many things in life) "it depends." In the past 20 years in the United States, many collection agencies that used to collect only debts for others started buying that debt (insiders call this debt "paper.").  Sometimes the debt is very old (perhaps years beyond the statute of limitations which, in South Carolina, is typically 3 years from the last payment). These debt collectors - or debt buyers more accurately - can sue you to collect this debt.  If you live in South Carolina, they will typically sue you in South Caro ...

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Debt Collection

The NACA has put together this series of animated debt defense videos for consumers. Dealing with debt collectors Are you being illegally harassed? If you are having problems with debt collectors, watch this video to learn about your rights under the Fair Debt Collection Practices Act and state laws.   I received notice of a lawsuit; what should I do? If a debt collector files a lawsuit against you to collect a debt, discover what to do next.   Defending yourself in a lawsuit If you want to learn how to represent yourself, hear about common defenses against debt collectors ...

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