Phillio9

About to be sued in SC by Midlands Credit Management

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Hello Everyone,

I recently got a suspicious piece of mail from a mediator regarding a pending court case. I googled the case number to see it was recently filed by an attorney from Clarkson and Hale Law office in Columbia, SC (3hours away) on behalf of Midlands Credit Management regarding a Synchrony account that was charged off 1.5 year ago. The SOL in my state is 3 years. Today a deputy left his card at my door while I was at work. Hoping to catch him I returned the call but he was already gone. The department is closed until Tuesday bc of the holiday. I want to get a jump start on this and be as prepared as possible. I’ve never been in this position. I don’t want to pay Midlands bc the account already reflects poorly on my credit and doing so won’t change anything, but honestly I can’t afford to settle right now. Everything is tight. I have never corresponded with them- not taken one call or sent correspondence. I do own my home and don’t want a judgement. My paycheck cannot be garnished in my state but my bank account probably can be frozen. It will be a freaking nightmare to loose my bank accounts. Here is some info:

may 7- summons and conplaint

may 11- archived summons s/cc/d

may 11- summons and conplaint docs

they have paid  $80 in court fees so far 

I’m a bit nervous and I do want to fight it. So far, everything is filed in my county Horry. The amount is maybe close to 3670. Please advise on the beginning steps and timeline. I’m literally researching the law threads that may pertain to a beginner like me. Thank you in advance!!

 

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15 hours ago, Phillio9 said:

My paycheck cannot be garnished in my state but my bank account probably can be frozen. It will be a freaking nightmare to loose my bank accounts

Check SC law, but I believe up to $5000.00 in cash is exempt from levy.  

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On 5/22/2020 at 6:02 PM, Harry Seaward said:

You're not "about to be sued".  You've been sued.  The good news is that Synchrony is the original creditor.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

Right, I got my summons and now I’m ready to respond after some advice. I’ve read up and want to make sure I’m making the best choices. 
So, is it best to respond with ‘motion to compel arbitration’?  From what I understand Midlands is good for not responding to AAA? I’ve enclosed my questionnaire and an affidavit included from midlands from a legal secretary swearing that the account is mine and providing a partial account number. Is that right?? Why don’t they list the entire number? 
 

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On 5/23/2020 at 9:11 AM, BV80 said:

Check SC law, but I believe up to $5000.00 in cash is exempt from levy.  

I read that $5K

 

On 5/23/2020 at 9:11 AM, BV80 said:

Check SC law, but I believe up to $5000.00 in cash is exempt from levy.  

I found this:

South Carolina law offers a list of exemptions for property, including financial accounts (S.C. Code § 15-41-30). South Carolina requires judgment-creditors to leave $5,000 in "liquid assets". "Liquid Assets" includes deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables.
 

So, does that mean they can’t touch my account? I never keep that much, money in and straight out to pay bills. Can they touch my thrust savings?

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