Debt Collection: Summons and Complaint

In Magistrate Court

• Multiple phone calls per day?
• Calling your family and friends?
• Showing up at your house?
• Threatening you with jail?

You can..

Send a Cease and Desist letter through certified mail stating your name, the name of the company, and that you request they stop contacting you about your debt. The company must stop harassing you, but just because they stop harassing you does not mean that you no longer owe them the debt.

If they continue to contact you after you send the letter, you can file a complaint with the South Carolina Department of Consumer Affairs. Be sure to keep track of when the company contacts you and what they say. This information could be important if you are sued for debt.

South Carolina Department of Consumer Affairs, consumer.sc.gov.

Have you received legal papers?

If you receive a Summons and Complaint, it is important that you file an Answer within 30 days of being served. You must also mail a copy to the Plaintiff or their lawyer (if they have one) before you file the answer with the court. You should add a written statement that you mailed the answer to the Plaintiff when you file the answer with the court. If you do not file an Answer in time, the court will assume that everything the company has stated in the Complaint is true, and the court will enter a judgment against you.

If you receive an Affidavit and Complaint for a Claim and Delivery lawsuit, please see our Claim and Delivery brochure.

How much time do you have to file an Answer?

You have 30 days to file an Answer and include any claims you have against the Plaintiff.

I need help filing my Answer.

The Magistrate Court may have provided you with written instructions and a fill-in-the-blank form for answering the lawsuit ("Answer"). If you are having trouble understanding the Answer, consider calling our intake line to see if you qualify for free assistance from an attorney. Sometimes your case can get dismissed. The court is not allowed to help you with this and could give you the wrong answer by mistake.

https://consumer.sc.gov/

Our Services

You may qualify for free representation from South Carolina Legal Services to help defend you in your debt collection case. Even if we can't represent you, we may be able to give you advice and answer your questions so you can represent yourself in court.

FAQs

I have been sued on a debt – should I go to Court?

Yes, you should go to court. If you or an attorney makes the right arguments, your case may be dismissed.

How can I get the case dismissed?

You can sometimes get the case dismissed because you raise defenses to the collection of the debt. For example, if the company

1. Can't prove the details of the charges or payments on your debt or;
2. Does not have other evidence needed to prove the case.

Can I sue the company?

Yes. For example, if the company

1. Was unfair or deceptive in how it treated you;
2. Behaved badly toward you;
3. Lied to you or threatened you.

You may have counterclaims and could sue them back.

Can I go to jail for not paying a consumer debt or judgment?

No, you cannot go to jail for not paying a consumer debt or judgment. A judgment means the company can try to collect from you; it does not mean you have to pay them if you are unable to. (See South Carolina Legal Services' brochure: Collection of a South Carolina Judgment Against You).

Can they garnish my wages?

No, in South Carolina, wages cannot be garnished to satisfy a judgment in a consumer debt case.

Should I agree to a payment plan or make a settlement?

This depends on your financial situation and the behavior of the company. Usually, it is not in your best interest to agree to make payments as a settlement if you were already unable to make payments on the debt.