Legal Question in Credit and Debt Law in South Carolina

Debt collection

On or about 7/1/1999 I purchased a car in SC. I used two checks, each for about $500 - $600 as a down payment to the dealer, both of which would be deposited at later dates (one on each of my next two pay days). The car ended up being MUCH more expensive than I could afford. Around 1/2000 the car was reposessed. Both checks bounced and never cleared. I am getting letters from an attorney/collection agency in SC now threatening to take me to court for the checks. Also, the vehicle debt remains on my credit report. My questions: 1) It is my understanding that there is a 3-year statute of limitations on SC for bad checks; am I still legally responsible for them or can I claim that the SoL has expired thus not making me legally responsible for them any longer? 2) Since 7 years has passed since the car was reposessed, can I file w/ the credit bureaus to have the debt for the cars removed from my report? Thank you in advance for your assistance.

Respectfully,

MGK


Asked on 3/07/07, 9:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debt collection

Yes, after you're sued for the bad checks, you could raise the SOL as an affirmative defense in your responsive pleading(if it's applicable), asking for dismissal. Whether a particular adverse reference on your credit report is removable or should be removed is up to the credit reporting agency. Some adverse information on an individual may be retained up to 10 years by these agencies.

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Answered on 3/07/07, 10:34 pm


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