2. help you get your papers ready to take to court
Debt Collection in Summary Court
Summary Court in South Carolina is also known as Magistrate Court - the Judge is called a Magistrate. Credit card companies, finance companies and other debt collectors (called "creditors") can file lawsuits to collect debt from you in these courts if the amount is less than $7500. In these situations, the creditor is called the Plaintiff and you are called the Defendant.
There are 2 kinds of lawsuits they use:
1. Claim and Delivery
2. Summons and Complaint (For guidnace on this, go to our classroom entitled Debt Collection in Summary Court (Summons and Complaint)
In both cases, you should give the Court a written answer to the lawsuit.
The Answer
An Answer does exactly what it says it does - it allows you to answer the Complaint, and explain reasons why the creditor should not get a judgment against you or a pick up order for your household property. Once you have received the Complaint, YOU MUST FILE AN ANSWER TO THE COMPLAINT RIGHT AWAY.
If you don't answer a Summons and Complaint, the creditor can get a judgment against you.
If you don't go to court for a Claim and Delivery hearing the creditor can get a "pick up order" for the property you listed on your loan papers as collateral- (whether you have the property or not).
But, if you answer the lawsuit and come to court, the creditor might not be able to take your property or get a judgment against you.
