Legal Question in Credit and Debt Law in South Carolina

personal loan company

Can a personal loan company take me to court for not paying, if so what will happen?

Asked on 11/03/08, 1:10 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: personal loan company

The short answer is "yes." Just about anyone "can" take you to court. Will they succeed in getting a judgment against you? That's the real question - and it's impossible to say without more information. The key to understanding your rights and possible defenses is getting a good initial consultation with a consumer attorney.

If a case is filed, and the case proceeds to judgment, then the plaintiff (the company suing you) can get the sheriff of the county in which you live or own property to seize property and sell it, to satisfy the judgment. But in SC, there are laws protecting certain kinds of property, up to specific dollar amounts, known as "exemption laws."

So, again - the best bet is to talk to a lawyer sooner rather than later about your specific case. Bring with you the original loan papers, if you can - that will help the lawyer assess your case and any potential defenses or causes of action you might have against the loan company.

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Answered on 11/03/08, 6:29 pm

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