Legal Question in Credit and Debt Law in South Carolina

collection agency calling

I had a debt sold to a collection agency what will happen if I cant pay them the balance like they demand


Asked on 4/23/07, 11:00 am

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: collection agency calling

It really depends on a couple of things - how much the debt is, and how long it's been since there was any activity on the account. Put simply, as a practical matter most collectors have a number below which it's not worth their while to pursue litigation. If the debt is small enough, they may well drop the matter or sell it to someone else. But if sufficient time has passed since the last activity you may have an absolute defense against the debt in the form of the statute of limitations (usually, but not always, three years). It takes some legal analysis to tell when and whether the statute expired, so you should definitely see an attorney for help with that. If you are judgment proof (no non-exempt assets), then there's little any creditor can do except file suit, obtain a judgment, and wait for you to acquire property.

Read more
Answered on 4/23/07, 2:13 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in South Carolina