Debt Collection Defense Attorney South Carolina
Receiving a debt lawsuit or collection notice can be stressful and confusing. In South Carolina, creditors and collection agencies follow strict rules—but you must act quickly to protect your rights. At Jung Disability and Injury Advocates, we help individuals and families in Mount Pleasant, Charleston, and across the state respond correctly, review settlement options, and defend against unfair or mistaken claims.
What Happens If You’re Served With a Debt Lawsuit in SC?
If you’re served with legal papers for a debt, don’t ignore them. Failing to respond can lead to a default judgment, which means the creditor can automatically win—even if you have a valid defense. You usually have 30 days to file an answer with the court, so time is of the essence.
Once a lawsuit is filed, your options include formally responding (an “Answer”), seeking documentation to verify the debt, negotiating with the creditor, or, if appropriate, contesting the claim in court.
Understanding Your Options
Never sign a settlement or payment agreement until you fully understand the terms and how they’ll affect your finances. Our attorneys review proposals, negotiate on your behalf, and explain your rights at each step.
South Carolina law gives you the right to:
Medical bills and future treatment
Lost wages or income
Pain, suffering, and loss of enjoyment of life
Property damage (such as vehicle repairs)
Out-of-pocket costs
Creditor Tactics and What to Watch For
Creditors and collection agencies may send letters, make phone calls, or threaten legal action to collect debts. Some may try to collect even if the debt is very old or already paid. Wage garnishment is limited in South Carolina, but bank accounts and property can be at risk if a judgment is entered.
If communication from creditors is overwhelming, our firm can step in as your point of contact—helping set boundaries, reduce stress, and handle negotiations or litigation.
What To Do First: A Quick Checklist
- Read every document carefully—note deadlines for response
- Gather your loan agreements, payment records, and any related correspondence
- Don’t ignore court papers, even if you think the debt is a mistake
- Avoid making promises or signing payment agreements without advice
- Contact a lawyer as soon as possible to discuss your options
Frequently Asked Questions
Can a creditor garnish my wages in South Carolina?
Wage garnishment is rare in SC, but creditors can pursue bank accounts or property if they obtain a judgment.
Should I respond to a collection lawsuit or negotiate?
Always respond to a lawsuit on time—negotiation can happen before or after, but missing deadlines can cost you important rights.
How long do creditors have to collect a debt?
South Carolina’s statute of limitations varies, but many consumer debts must be collected within three years of default.