Finding a Summons on your doorstep is a shock. The legal jargon looks like a foreign language, and the fear of losing money you don’t have is paralyzing.
But here is the truth: You do not need a lawyer to protect yourself. You just need to respond. In South Carolina, the law gives you a fair chance to tell your side of the story, but you must act quickly.
This guide cuts through the noise. We will show you the deadlines, the forms, and the specific South Carolina laws—like the ban on wage garnishment—that work in your favor.
Create your court-approved South Carolina Answer in 15 minutes.
1. The 30-Day Deadline
In South Carolina, the clock starts ticking the moment you are served. According to Rule 12(a) of the South Carolina Rules of Civil Procedure, you have exactly 30 days to file your Answer.
Do not ignore this window. If you wait 31 days, the debt collector (the plaintiff) can ask the court for a default judgment. This means they win automatically because you didn’t show up to the fight.
2. The “Silver Lining” of South Carolina Law
If you are panicking about your paycheck, take a deep breath. South Carolina is unique.
Under SC Code § 15-39-420, private debt collectors generally cannot garnish your wages for consumer debts like credit cards or medical bills. While they can still seize bank accounts or put liens on property if they win, your paycheck is typically safe from private creditors.
Additionally, there is no filing fee to file an Answer in South Carolina courts. Defending yourself costs you time, not money.
3. How to Respond (3 Steps)
Responding is procedural. It is not about writing a persuasive essay; it is about checking the right boxes.
Step 1: Answer the Complaint
The “Complaint” lists the accusations against you in numbered paragraphs. Your “Answer” must address each one. You usually have three options:
- Admit: You agree the statement is 100% true.
- Deny: You refuse to admit it. This forces the collector to prove it with evidence.
- Deny for Lack of Knowledge: You don’t know if it’s true (e.g., you don’t know if they are licensed in SC).
Step 2: Assert Affirmative Defenses
An affirmative defense is a legal reason why you win, even if you owe the money. Common defenses include:
- Statute of Limitations: The debt is too old (see below).
- Identity Theft: The debt belongs to someone else.
- Lack of Documentation: The collector bought the debt but lacks the paperwork to prove they own it.
Step 3: File and Serve
Once your Answer is written, you must make it official.
- File with the Court: Send the original to the Clerk of Court listed on your Summons.
- Serve the Plaintiff: Mail a copy to the attorney listed on the Complaint.
- Proof: Always use USPS Certified Mail with a Return Receipt. This is your proof that you met the deadline.
4. The 3-Year Rule (Statute of Limitations)
Old debts eventually expire. In South Carolina, the statute of limitations for most consumer debts—including credit cards and medical bills—is just three years.
If the last payment or activity on the account was more than three years ago, the collector likely cannot legally sue you. However, you must raise this defense in your Answer. The court will not do it for you.
Critical Warning: Do not make a small payment or acknowledge the debt in writing. This can “restart the clock,” giving them a fresh three years to sue you.
Ready to Fight Back?
You can try to navigate the Magistrate Court forms (SCCA/703) on your own, or draft a custom letter for Circuit Court. Or, you can let technology handle the procedure for you.
DebtAegis turns your answers into a clean, legally formatted document ready for South Carolina courts.
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