Can I be sued for a time-barred debt?
Yes, you can be sued for a time-barred debt in South Carolina. A time-barred debt is a debt for which the statute of limitations has expired, meaning that the creditor has passed the legal deadline for taking legal action against you. Consumer debt defense law in South Carolina allows for creditors to sue for time-barred debt under certain circumstances. Even if the debt has passed its statute of limitations, creditors can still sue you for the debt. In order for a creditor to successfully sue for a time-barred debt, they must prove to the court that you entered into a new agreement with the creditor for the debt after the statute of limitations expired. This includes verbally agreeing to a payment plan or making any payments on the debt. If you are being sued for a time-barred debt, you may still have legal options available to you. Under South Carolina law, debt collectors may not use unfair or deceptive practices when collecting, so if a debt collector is harassing or threatening you, you may be able to file a complaint with the Attorney General’s office. Additionally, you may also be able to argue in court that the time-barred debt should not be enforceable due to the expiration of the statute of limitations. It is important to understand your rights before facing a lawsuit for a time-barred debt. Knowing the laws in South Carolina and speaking with an experienced lawyer can help you understand your options and protect your rights.
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