At Dave Maxfield Attorney, LLC in Columbia, South Carolina, we regularly help consumers understand their rights under South Carolina law when dealing with collection calls, credit reporting errors, and expired debts. Here’s what every South Carolina consumer needs to know.
What Is the Statute of Limitations on Debt in South Carolina?
The statute of limitations is the legal deadline for filing a lawsuit. Once that time period passes, the debt becomes “time-barred.” This means, if your sued by a creditor or collector in court, you have an absolute defense to the debt -- if you raise it in an answer.
In South Carolina, most consumer debts—including credit cards, personal loans, and medical bills—are governed by a three-year statute of limitations. That clock usually starts ticking from the date of your last payment or the last time you used or acknowledged the account.
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Credit card debt: 3 years
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Personal loans: 3 years
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Auto loans on surrendered or repossessed vehicles: potentially as long as 6 years
Judgments: if a creditor or collector gets a judgment against you in South Carolina, it lasts for 10 years, and then expires. Afterward, it cannot be renewed and no further collection activity can be taken (however, you may have to take affirmative steps to ensure that it no longer appears as a lien against your real property).
These time limits are generally set by South Carolina Code § 15-3-530, which covers the statute of limitations for actions on contracts and debts.
When Does the Clock Start Running?
In most South Carolina cases, the statute of limitations starts on the date of your last payment or the date you last acknowledged the debt in writing.
However, it can restart if you make a new payment, agree to a new payment plan, or acknowledge the debt in writing. This is called “reviving” or “re-aging” the debt.
That’s why it’s critical not to make a payment or sign anything before you know whether your debt is already time-barred. A small mistake can reset the statute and give collectors another three years to sue.
Can Collectors Still Contact You About an Old Debt?
Even if a debt is too old for a lawsuit, collectors may still attempt to collect voluntarily. The Fair Debt Collection Practices Act (FDCPA) requires them to be honest about the status of the debt—they cannot threaten to sue if the statute of limitations has expired. And, under Regulation F, a new law, if a debt collector sues you on a debt that is too old, it can violate the FDCPA.
Unfortunately, many consumers in Columbia and throughout South Carolina are misled into paying old, expired debts because they don’t realize the debt is time-barred.
If a collector is pressuring you to pay on an old account, ask them to confirm in writing the date of your last payment and whether the debt is beyond the statute of limitations.
What Happens If You’re Sued for a Time-Barred Debt?
Even if a debt is past the statute of limitations, a collector might still file a lawsuit—hoping you won’t respond. If you ignore the summons, the court may issue a default judgment against you.
That’s why you should never ignore a lawsuit, even if you think the debt is too old. A consumer protection attorney can help you respond and raise the statute of limitations as a defense.
At Dave Maxfield Attorney, LLC, we’ve defended many South Carolina consumers against time-barred debt collection lawsuits, often getting them dismissed or removed from their credit reports.
What You Should Do if Contacted About an Old Debt
If a collector contacts you about an old debt in South Carolina:
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Don’t admit you owe it.
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Don’t make a payment until you confirm the debt’s age.
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Request written verification of the debt, including the date of the last payment.
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Check the statute of limitations under South Carolina law.
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Contact a consumer protection attorney if the collector threatens a lawsuit or continues to harass you.
How This Affects Your Credit Report
Even though a debt may be too old to sue on, it can still appear on your credit report for up to seven years under the Fair Credit Reporting Act (FCRA).
This means a collection account may no longer be legally collectible, but it can still affect your credit score until it ages off your report. If inaccurate or outdated information remains, you have the right to dispute it.
South Carolina Consumers Have Rights
South Carolina’s consumer laws, combined with federal protections like the FDCPA and FCRA, give you strong tools to defend against unfair collection tactics.
Knowing the statute of limitations helps you make informed choices and prevents collectors from taking advantage of you.
If you’re in Columbia, Lexington, Richland County, or anywhere in South Carolina and you’re facing calls, letters, or lawsuits about old debt, understanding these laws can help you protect your finances and your peace of mind.
About Dave Maxfield Attorney, LLC
Dave Maxfield Attorney, LLC is a consumer protection law firm based in Columbia, South Carolina, helping clients across the state with:
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Debt collection harassment
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Credit reporting errors
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Identity theft and data breaches
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Auto finance and lending fraud
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Mortgage servicing mistakes
Dave Maxfield has represented South Carolina consumers for over 25 years, focusing on restoring fairness when big companies and debt collectors cross the line.