What Happens When a Debt Buyer Sues You?
In some cases, a debt buyer can sue a consumer for the debt they purchased from the original creditor. There are, however, important state and federal protections that apply. Suppose you are being sued by a debt buyer; taking a wait-and-see approach can backfire spectacularly. A far better plan is consulting with our experienced Florence debt collection defense attorneys at Reed Law Firm, P.A., today.
The Statute of Limitations for Collecting on Consumer Debt in SC
The State of South Carolina has a three-year statute of limitations for filing lawsuits in relation to debt collection. The clock generally begins ticking when you default on the debt. Be aware, however, that making a payment on the debt, even a small one, can restart the three-year window.
Debt that passes the three-year mark in South Carolina is generally considered time-barred, and this applies to both the original creditors and to debt buyers.
You Will Be Served a Summons and Complaint
If a debt buyer sues you, you’ll either be served with a summons and complaint or will receive it in the mail. From here, you will likely have 30 days from the date of receipt to submit your written answer. If you fail to do so, your case will almost certainly be resolved in the form of a default judgment, which means the outcome will be guided solely by the debt buyer’s input.
Once you’ve been served with a debt collection lawsuit, it’s time to take action. And the most important first step is consulting with a skilled debt collection defense lawyer.
Next Steps
Your accomplished debt collection defense attorney will faithfully address each of the following next steps on your behalf:
- Crafting and filing your well-considered written response within the timeframe allowed
- Requiring the debt buyer to prove the debt in question is yours and that they legally own the accounts, which requires the original contracts and the paper trail through to the sale
- Raising all relevant legal defenses, such as in relation to the statute of limitations or any questions related to the amount of debt owed
- Countersuing in response to any violations of your rights, which are protected at both the state and federal levels
- Negotiating an advantageous case resolution
Consult with Our Experienced Florence Debt Collection Defense Lawyers Today
Our diligent Florence debt collection defense attorneys at Reed Law Firm, P.A., are proud to serve clients throughout South Carolina, and we have the experience and drive to help make a big difference in terms of how your case is resolved. If you’ve been served with a debt collection lawsuit, time is of the essence, so please don’t put off contacting us online or giving our firm a call at 843-679-0077 for more information today.
