Legal Question in Credit and Debt Law in South Carolina

Home threatened for credit card debt

Served papers from sheriff threatening to take home for non payment of credit card debt. Can they take the house?


Asked on 9/09/08, 7:38 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: Home threatened for credit card debt

You should seek legal representation as soon as possible.

It sounds as if you're getting notices of execution against a formerly-obtained judgment. Assuming that judgment was correctly obtained, there can still be grounds to undo a default judgment, but it's impossible to say without a thorough review of the record.

If you have assets, they can be sold to satisfy the judgment but your equity in the home would be protected up to $50,000 in South Carolina. If you and a spouse are joint debtors on the credit card, and you both have title, then you would both get a $50,000 exemption for a $100,000 total exemption. Anything over that amount resulting from the sale could be used to satisfy the judgment.

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Answered on 9/10/08, 12:43 pm


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