South Carolina debt statute of limitations

South Carolina limitation periods by type of debt

South Carolina applies a single 3-year period to written and implied contracts (§ 15-3-530(1)).

What the South Carolina statute says

“Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520;”
S.C. Code Ann. § 15-3-530(1)

“Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520;”
S.C. Code Ann. § 15-3-530(1)

Does paying restart the clock in South Carolina?

A signed written acknowledgment restarts the period, and a payment of principal or interest counts as one (S.C. Code § 15-3-120).

“No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby. But payment of any part of principal or interest is equivalent to a promise in writing.”
S.C. Code Ann. § 15-3-120

South Carolina’s own debt collection law

South Carolina's Consumer Protection Code lets a court stop unconscionable conduct in collecting a debt arising from a consumer credit transaction and gives the consumer a claim for damages and a penalty.

“(2) With respect to a consumer credit transaction, if the court as a matter of law finds that a person has engaged in, is engaging in, or is likely to engage in unconscionable conduct in collecting a debt arising from that transaction, the court may grant an injunction.”
S.C. Code Ann. § 37-5-108(2) (S.C. Consumer Protection Code)

If a creditor wins a judgment in South Carolina

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different South Carolina rules take over.

How long a judgment lasts

In South Carolina, executions may issue on a final judgment at any time within ten years from its original entry, without renewal; the judgment lien on real estate also lasts ten years (§ 15-35-810).

“Executions may issue upon final judgments or decrees at any time within ten years from the date of the original entry thereof and shall have active energy during such period, without any renewal or renewals thereof”
S.C. Code Ann. § 15-39-30

Wage garnishment

In South Carolina, for debts arising from a consumer credit sale, consumer lease, consumer loan, or consumer rental-purchase agreement, the creditor may not garnish the debtor's unpaid earnings.

“With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.”
S.C. Code Ann. § 37-5-104

Money in a bank account

South Carolina exempts up to $5,000 (as stated in the statute text; the amount is adjusted every two years for inflation) of cash and liquid assets, including bank deposits, but only for a debtor who does not claim a homestead exemption.

“The debtor's aggregate interest in cash and other liquid assets to the extent of a value not exceeding five thousand dollars, except that this exemption is available only to an individual who does not claim a homestead exemption. The term "liquid assets" includes deposits”
S.C. Code Ann. § 15-41-30(A)(5)

Small claims court

South Carolina magistrates' courts hear contract actions for money only where the sum claimed does not exceed $7,500.

“Magistrates have concurrent civil jurisdiction in the following cases: (1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars;”
S.C. Code Ann. § 22-3-10(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how South Carolina treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in South Carolina?

3 years for credit-card debt and 3 years on a written contract, under S.C. Code § 15-3-530. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in South Carolina?

A signed written acknowledgment restarts the period, and a payment of principal or interest counts as one (S.C. Code § 15-3-120).

Does South Carolina have its own debt collection law?

South Carolina's Consumer Protection Code lets a court stop unconscionable conduct in collecting a debt arising from a consumer credit transaction and gives the consumer a claim for damages and a penalty. (S.C. Code Ann. § 37-5-108(2) (S.C. Consumer Protection Code)).

How long does a court judgment last in South Carolina?

In South Carolina, executions may issue on a final judgment at any time within ten years from its original entry, without renewal; the judgment lien on real estate also lasts ten years (§ 15-35-810). (S.C. Code Ann. § 15-39-30).

How much of my pay can be garnished in South Carolina?

In South Carolina, for debts arising from a consumer credit sale, consumer lease, consumer loan, or consumer rental-purchase agreement, the creditor may not garnish the debtor's unpaid earnings. (S.C. Code Ann. § 37-5-104).

What if I am sued on an old debt in South Carolina?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.