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South Carolina debt: three years, no wage garnishment, but beware of payments
South Carolina gives creditors only three years to sue, and if they win, they still cannot garnish your wages for a consumer debt. The trap is revival: a partial payment or a written promise can restart the three years, even on a debt that had already run out.
Free check first. If a dispute letter makes sense, it costs $29 ($19 for military, veterans, seniors and people with disabilities) with three follow-ups.
Who is asking you to pay?
Look at the company name at the top of the letter or in the caller ID.
South Carolina at a glance
- Most consumer debt
- 3 years (15-3-530)
- Restarting the clock
- Partial payment or written promise
- Wage garnishment
- Not for consumer credit (37-5-104)
- Exception
- Valid out-of-state orders
- State collection law
- Consumer Protection Code, covers creditors
- Penalty
- $100 to $1,000 plus damages
General information about South Carolina law, with sources below. Not legal advice.
Three years, but revivable
Three years for written and oral contracts, open accounts and store accounts (S.C. Code 15-3-530).
A partial payment or a written promise to pay restarts the three years (S.C. Code 15-3-120), even after the limit has run. So in South Carolina, do not send even a small payment on an old account until you have checked the dates.
No wage garnishment for consumer debt
Wage garnishment is forbidden in actions on a consumer credit sale, consumer lease, consumer loan or rental-purchase agreement, wherever made (S.C. Code 37-5-104). South Carolina does not let in-state private creditors garnish wages, but it does enforce a valid wage garnishment order from another state.
A collector who threatens to garnish your wages over a South Carolina credit card or loan is describing something state law does not allow.
South Carolina's protections sit on top of federal law; our page on stopping a wage garnishment explains both.
For South Carolina residents with old accounts, the 3-year limit is the key date; our zombie debt guide explains why.
Limits vary a lot between states: by comparison, Washington sets 6 years and District of Columbia sets 3 years for similar debts.
Before paying anything in South Carolina, read whether to pay a collection agency and how to request debt validation.
If your letter comes from a national company such as Unifin or United Collection Bureau, our collector guides explain who they are and how to dispute.
For the court side of a South Carolina debt, from the summons to a possible judgment, see how to defend a debt collection lawsuit.
South Carolina's Consumer Protection Code
The Consumer Protection Code (S.C. Code 37-5-108) bars unconscionable conduct in collecting consumer credit debts, by original creditors as well as collectors. A consumer can recover actual damages, attorney's fees and a penalty of $100 to $1,000, after a required review by the Department of Consumer Affairs. The Consumer Protection Code is administered by the South Carolina Department of Consumer Affairs.
The federal dispute right applies on top: a written dispute inside the validation period makes the collector stop until it mails verification.
Questions people ask about debt in South Carolina
What is the statute of limitations on credit card debt in South Carolina?
Three years under S.C. Code 15-3-530.
Can a payment revive an old debt in South Carolina?
Yes. Under S.C. Code 15-3-120, a partial payment or written promise to pay restarts the three years.
Can my wages be garnished for credit card debt in South Carolina?
No. S.C. Code 37-5-104 forbids wage garnishment for consumer credit debts, though a valid order from another state may be enforced.
Does South Carolina law cover my original lender?
Yes. The Consumer Protection Code bars unconscionable collection by creditors as well as collectors.
Who enforces the Consumer Protection Code?
The South Carolina Department of Consumer Affairs, which reviews complaints before a lawsuit for unconscionable collection.