Summerville Debtor-Creditor Relations Lawyer
The relationship between a debtor and creditor relies on the ability of one party to pay another based on a legal contract. When either party is unable to repay the monetary debt to the other, an lawyer may need to step in to resolve the dispute by offering a solution for the creditor or the debtor. Many cases can be resolved without litigation, while some may need to be taken to or defended in court.
Fair Debt Collection Practices
The most serious violations made by creditors usually has to do with fair debt collection practices. Creditors and collection agencies are strictly held to the federal Fair Debt Collection Practices Act (FDCPA). According to the South Carolina Department of Consumer Affairs, creditors cannot harass, abuse, or oppress a debtor. This includes the following:
- Misrepresent the amount of your debt;
- Falsely imply that they are lawyers or government representatives, or make a false claim about the involvement of an lawyer in the case;
- Falsely imply that you have committed a crime;
- Falsely claim that they operate or work for a credit bureau; and
- Misrepresent the legality of papers being sent to you.
Other types of harassment include telling a debtor that he or she will be arrested, claim that they will seize your property or garnish your wages if they have no intention to do so, provide false information about you to other parties, call you repeatedly or call after certain hours, attempt to threaten you or make you mad, make you accept collect calls, and more. With the assistance of an lawyer, a debtor can file a lawsuit against a creditor who violates the FDCPA. By doing so they may be able to recover property seized by the debtor, and sue for other damages.
Wage Garnishment in South Carolina
In South Carolina, it is almost never possible to garnish a debtor’s wages. Under Section 37-5-104, a debtor cannot attach unpaid earnings of the debtor by garnishment with respect to a debt from a consumer credit sale, consumer loan, consumer lease, or consumer rental-purchase agreement. The only time wages can be garnished in South Carolina is when the debt is to the federal government such as for a student loan, the payment is owed for child or spousal support, or the garnishment is ordered by another state while the individual was living there.
Legal Tools Used For Debt Collection in South Carolina
In this trying economic time, the difference between staying in business and shutting a company’s doors for good is often being able to collect a debt. An lawyer can help make this possible. We can litigate your claims in court to bring a favorable settlement without having to continue obtaining, summary judgment, or default. Our lawyers can also defend against false claims of Fair Debt Collection violations that turn into lawsuits.
Contact a Summerville Debtor-Creditor Relations Lawyer Today
Here at Shelbourne Law, our Summerville debtor-creditor relations lawyers can handle either side of this dispute; we represent debtors and creditors in debts that involve secured and unsecured loans. Call Shelbourne Law today at 843-871-2210 for a free consultation.