South CarolinaState Collection Laws

HEALTH CARE PROVIDER DEBT COLLECTION REQUIREMENTS:

• If a health care provider has received written notice of a patient’s pending claim, the provider is prohibited from any debt collection activities relating to medical and psychological treatment of the patient until the claim is determined to be non-compensable and denied, or 90 days after first receiving the claim. This does not include routing billing inquiries about the status of the claim. S.B. 1120 (S.C. 2010) to be codified at S.C. Code Ann. § 16-3-1360

 

STATE INTEREST RATES AND USURY LIMITS:

• Legal Rate: 6% or 8.75% when the phrase “legal rate” or “lawful rate” is used in contract. S.C. Code Ann. § 34-31-20 (A)

• Contract Rate: No set rate

• Judgment Rate: Equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year plus 4 percentage points. S.C. Code Ann. § 34-31-20(B)

• Corporate Rate: No set rate

 

LEGAL AGE:

• Age of Majority: 18

• Emancipation: Not specified

• Contracts: May not contract except for necessaries. S.C. Code Ann. § 63-5-310

 

DEBT RESPONSIBILITY: DOCTRINE OF NECESSARIES

• Both spouses have a duty to provide for necessaries for each other. Failure to meet that duty may be punishable by a misdemeanor conviction. S.C. Code Ann. § 63-5-20 and § 20-5-60. Both spouses are liable for the support of the other spouse and are liable for the cost of necessaries supplied to one another, even if one spouse is considered “contractually liable” for the necessaries. Trident Regional Medical Center v. Evans, 454 S.E.2d 343 (S.C. Ct. App.1995)

• Primary liability is placed on spouse who incurred the debt, secondary liability is on the other spouse. Richland Memorial Hospital v. Burton, 318 S.E.2d 12, 13 (S.C. 1984)

• Both spouses are equally obligated to support the children. Trident Regional Medical Center v. Evans, 454 S.E.2d 343, 346 (S.C. Ct. App.1995)

 

STATUTE OF LIMITATIONS FOR CIVIL ACTIONS:

• Contracts: 3 years

•Judgments: Domestic, 10 years

 

This information is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Although we attempt to provide up-to-date information, laws and regulations often change. We make no claims, promises, or guarantees about the accuracy or completeness of this document. For legal advice please contact an attorney. 

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