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Frequently Asked Questions About Consumer Protection
ID Theft & Credit Reporting Problems
If you see something wrong on your credit report, dispute that information soon with every credit reporting agency (Experian, Equifax, and/or Transunion) reporting it incorrectly. While each of these credit reporting agencies allow you to dispute by phone, you shouldn't do that. Instead, always make a written dispute (letter) and send copies of everything that supports your dispute. Download our free, step-by-step guide to dispute your credit report the right way. Important -- if you believe you are a victim of Identity Theft always state that clearly and send a copy of your police report. Keep a copy of everything you send to the credit reporting agencies. In cases involving identity theft, the credit reporting agencies must block fraudulent information 4 days from the date they get your police report. In other cases, the agencies will have 30 days from the date they get your dispute to make a full investigation and give you an updated credit report when done. If your report is still wrong, you may have a claim under the Fair Credit Reporting Act or other laws. We've created a step-by-step guide for tackling ID theft for you to use.
Yes! If you believe you are the victim of Identity Theft, make a police report (many police departments and other law enforcement agencies even allow you to do this online). Where Identity Theft hurts you, most is in your credit reports. You can get these reports from credit reporting agencies (Experian, Equifax, and/or Transunion) by visiting www.annualcreditreport.com. Once you have this report, make a written dispute to these agencies (see, what do I do if my credit report contains false information) and enclose the report.
You can also print our step-by-step guide for tackling ID theft. It includes template letters to the credit reporting agencies and an affidavit to file a police report.
It can mean you are an Identity Theft victim, or that your credit report has been "mixed" up with someone else's.
A mixed credit file occurs happens when the credit reporting agencies combine information belonging to someone else with your information in their database. This can cause errors involving names, phone numbers, addresses and credit account information. Those with common names, similar Social Security numbers, birthdates or addresses may be more at risk. If you see names, phone numbers, accounts, or anything else on your credit report that is not yours your credit file may have become mixed with someone else's. This not only violates the Fair Credit Reporting Act (which requires that credit reporting agencies take reasonable precautions to ensure "maximum possible accuracy") but can heighten your risk of becoming an ID Theft Victim.
Debt Collection
Except for child support, certain federally guaranteed loans, and some hospital or ambulance bills, South Carolina is one of a handful of states that allows no wage garnishment for consumer debts. That means that if a debt collector for a consumer debt or loan tells you that your wages will be garnished, the collector is not only lying, but likely violating state and federal law.
A debt collector can contact you to collect the debt by calling you at home or (sometimes at work) or sending you letters. Debt collectors may sue for payment on a debt (if they have the legal right to do so). Debt collectors can also offer settlement terms. Debt collectors CANNOT have you arrested, garnish your wages, make you pay a debt you don't owe, or call you excessively, or tell other people about your debt.
No. You are not responsible for any account you did not open. However, if someone uses an EXISTING account (such as a credit card) that is yours, you MUST report this in writing to your credit card issuer or bank as soon as possible. Both credit cards and debit cards may hold you responsible (from $50 - $500 in charges) if not reported within certain time limits.
3 Years from last payment. But remember – you can still be sued after 3 years BUT, if you answer the suit and show the statute of limitations has run, you have a complete defense. Never make a written promise to pay or a partial payment – no matter how small! This can restart the statute of limitations.
No. Except for unpaid child support, you CANNOT be arrested for not paying a consumer debt (such as credit cards, loans, title loans or payday loans). Threats of arrest may violate the law and make the collector liable for damages to you.
Vehicle Issues
No. You do not have to sign a new contract after you've already signed a contract (or financing terms) to purchase a car. However, many dealers will have you sign an agreement stating that the deal is "subject to financing." If you've signed this, and the financing does not come through, you have the right to "undo" the deal (and get your down payment or trade vehicle back). You must give the car back, but you cannot be required to sign a new deal.
A person making a repossession is generally subject to debt collection laws such as the Fair Credit Reporting Act. That means, the repo person cannot use violence or threats of violence to get the car or pretend to be a law enforcement agent. A repo person also cannot break into a closed area (such as a garage or fence with a closed gate). If you are on private property and tell the repo person to leave, they must. If they refuse or "breach the peace" that violates South Carolina law. However, a repo person can take a car from a driveway or public area at any time of the day or night, if it can do so without "breaching the peace."
In South Carolina, you are entitled to a one-time "Notice to Cure." That means if you are late, you should get a letter saying you have 14 days to bring the loan current. If you don't do this -- or if you are late again - your vehicle may be repossessed. Only one "Notice to Cure" is required during the entire life of the loan. Remember, though, that for other reasons -- lapse of insurance for example - no Notice to Cure is required.
Dealers must follow the federal law that requires that Odometer disclosures MUST be accurate. If a dealer does not know if the mileage is accurate, it must disclose that fact too.
How does your law firm get paid? (Will I have to pay your firm anything to take the case)?
We cannot accept all cases. However, if we can accept your case, most of the time we can do so on a contingent fee arrangement. That means we are paid as a percentage of recovery, or by recovering attorney's fees separately from the other side if the law allows it. If no recovery is made, you will not owe us any money out of your pocket. If we can help you, we will sign a written agreement disclosing the exact terms of representation for your case. We DO NOT charge anything for initial review of your case to see if we can handle it.