Statue of limitations on credit card debt in South Carolina
Statue of limitation is what that prevents your lender from suing in court of law for a debt that is old above the specified time. The certain specified time is set according to state legal regulations. Every state has different statue of limitations and each state has its own regulations and court rules that will rule the terms of your debt. However there are certain things that every borrower must be aware of it across the states when you are borrowing money.
As each state has it own statue of limitation, but on an average, the statue of limitation on credit card debt ranges from 4 to 6 years. When dealing with statue of limitation, one must understand the types of contracts or types of lending upon which the lender can sue you in the court of law. There are four types of contracts:
Oral contract: it is a type of contract or agreement in which you orally agree to pay back the amount you owed which is legal in every state.
Written contract: it is a type of contract pr agreement in which party borrowing agrees to pay the loan under the terms written in the document and signed by parties, the lender and borrower.
Promissory note: it is a type of contract that is similar to written contract where both parties enter and sign the contract but the difference is that payments schedule and interest carried on the loan amount is also specified in the contract. Mortgage is best example of the promissory note agreement.
Open ended accounts: this is type of contract where the lender and borrower both enter into contract where the line of credit is with varying balance. For example: credit cards. With credit card line of credit is opened with lender but loan amount is not known in the beginning.
According to South Carolina State laws the statue of limitation on credit card debt is 3 years, meaning the debt that is taken 3 years before and not paid can not be collected by the lender or he can not sue you in the court of law.
Knowing this information is extremely important for borrowers when you had defaulted on payments especially when you are suffering form collection department threats of the lender. As more and more borrowers are now aware of the laws, some well versed are able to defend against the collection department harassments.
As the consumers are getting aware of the state laws, they are willing to accept summons from the lenders as the lenders are attempting to collect the time barred debt form the borrowers. Can they really collect? No, but still keep trying on basis of the fact that they prey on the ignorance of law by the borrowers.
So try defending yourself on the fact that the debt has passed the time limits and therefore the debt is barred from collection.