What Can a Creditor Do If It Wins a Judgment in south carolina?

Asked over 2 years ago - Greenville, SC

the credit card company sent me a copy of the judgment

Attorney answers (2)

  1. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    Answered . I am also not licensed to practice law in South Carolina, however, I have experience in debt collection across the US. I believe that in SC a creditor will provide a form after it obtains a judgment asking the consumer to list all of their exempt assets. If a consumer doesn't list assets or fails to return the form to the creditor, than I believe it is possible for the consumer to later claim those assets as exempt. If you have recently had a judgment entered against yourself, I highly recommend that you contact John Cantrell. He is an fantastic attorney in SC and I believe he would be more than willing to assist you. His website is : http://www.cantrellclan.com/.

  2. Rachel Lea Hunter

    Contributor Level 14

    Answered . I am not licensed in South Carolina, but I handle debt/collection issues for clients in the state where I am licensed.

    Generally if a judgment has been entered, the judgment becomes final after 30 days. Once it is final, the creditor will seek to collect on the judgment. Ther creditor wants your money, not your things in most cases. The easiest ways to get money are to garnish wages (if permitted in your state) and to freeze bank accounts. Other ways of getting money are to look for any assets that you own free and clear, such as a car.

    I don't know what assets you have, your source of income or when the judgment was entered. I suggest that you immediately contact a general civil litigation attorney, preferably one who handles credit card debt. You should get a 30-minute consult with the attorney and find out exactly what SC law permits a judgment creditor to do or not do. You also need to find out the mechanism for asserting your exemptions to place certain property as off limits and how best to protect the assets which you have. Bank accounts are most at risk. Judgments by credit card companies can be resolved, often for less than the balance in the judgment. It may be possible to achieve a settlement in your case, either in a lump sum or over a term, depending on your resources. You should discuss this with the attorney and find out what it will cost for the attorney to negotiate a settlement for you.

    Depending on the amount of the judgment and what other debts you have, you may also want to look into filing bankrupcty.

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