Statute of limitations on debt in South Carolina

3 years to sue on a written contract or an open account (S.C. Code Ann. § 15-3-530(1); § 15-3-120).

Short answer

Be careful before you pay on an old debt in South Carolina: Yes. Paying any part of the principal or interest counts as a written promise and can restart the time limit. Any other acknowledgment or promise counts only if it is in writing and signed by you (S.C. Code Ann. § 15-3-120).

Written contracts
3 years
Open accounts and unwritten agreements
3 years
Can a payment restart the clock?
Yes, it can

How long collectors have to sue in South Carolina

Law
S.C. Code Ann. § 15-3-530(1); § 15-3-120
Official text
Read the law

South Carolina's 3 years for written contracts is shorter than the most common limit in our 48 state guides (6 years); 7 states, South Carolina included, have this limit. It is the shortest limit in our guides (7 states). For comparison, the written-contract limit is 3 years in North Carolina, 6 years in Georgia and 5 years in Virginia.

If a collector breaks the law in South Carolina

If a collector breaks the rules: If a court finds unconscionable collection conduct, you can recover your actual damages plus a penalty of $100 to $1,000 (not in a class action). The court can also order the conduct to stop (S.C. Code Ann. § 37-5-108(2)).

Payments, promises and the clock in South Carolina

Yes. Paying any part of the principal or interest counts as a written promise and can restart the time limit. Any other acknowledgment or promise counts only if it is in writing and signed by you (S.C. Code Ann. § 15-3-120).

Is my debt too old? Check South Carolina's time limit

South Carolina: 3 years for a written contractEnter the date of your last payment to see when the time limit ends.

Sued on an old debt in South Carolina?

The time limit protects you only if you raise it, so answer on time. In South Carolina: 30 days after you receive the complaint. In Magistrates Court (claims of $7,500 or less, S.C. Code Ann. § 22-3-10) you can answer in writing or in person (Magistrates Rule 7(b)). Circuit Court also gives 30 days (SCRCP 12(a)).

If you don't answer within 30 days, the court can enter a default judgment against you.

What to do if you are sued in South Carolina

What to do about an old debt in South Carolina

  1. Think before you pay or sign

    In South Carolina: Yes. Paying any part of the principal or interest counts as a written promise and can restart the time limit. Any other acknowledgment or promise counts only if it is in writing and signed by you (S.C. Code Ann. § 15-3-120).

  2. Dispute the debt in writing

    Use a dispute letter within 30 days of the collector's validation notice.

  3. Report a collector who sues on an old debt

    Complain to South Carolina Department of Consumer Affairs (SCDCA) and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-922-1594 (toll-free in SC) or 803-734-4200.

Old debts and your credit report

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). Most collections must come off a credit report 7 years after a 180-day period that starts when you first fall behind (15 U.S.C. 1681c). Read the time-barred debt guide.

Free legal and consumer help in South Carolina

Questions about old debts in South Carolina

When does a debt become too old to sue on in South Carolina?

3 years for written contracts and 3 years for open accounts and unwritten agreements (S.C. Code Ann. § 15-3-530(1); § 15-3-120).

Can a small payment revive an old debt in South Carolina?

Yes. Paying any part of the principal or interest counts as a written promise and can restart the time limit. Any other acknowledgment or promise counts only if it is in writing and signed by you (S.C. Code Ann. § 15-3-120).

Keep reading about South Carolina

Statute of limitations in nearby states